Section 1. The Illustrations omitted by Act 20 of 1929, s. 11

1. The Illustrations omitted by Act 20 of 1929, s. 11. 2. Subs. by s. 12, ibid., for "of the latter property or to compel its enjoyment in a particular manner". 3. Ins. by s. 13, ibid. right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house. CHAPTER I PRELIMINARY 1. Short title.— This Act may be called the Transfer of Property Act, 1882. Commencement.— It shall come into force on the first day of July, 1882. Extent .—[1] [It extends[2] in the first instance to the whole of India. except[3] [the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of], Bombay, Punjab and Delhi.] 4 [But this Act or any part thereof may by 5 notification in the Official Gazette be extended to the whole or any part of[6] [the said territories] by the State Government concerned.] 7[And any State Government may 8* from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely:— Sections 54, paragraphs 2 and 3, 59, 107 and 123.] 1. Subs. by the A.O. 1950, for the third paragraph. 1. Nothing in Chapter II is to be deemed to affect any rule of Muhammadan Law— see s. 2, supra 2. Ins. by Act 20 of 1929, s. 6. 3. Added by s. 6, ibid. 4. Ins. by s. 7, ibid. 5. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, s. 3. 6. Ins. by Act 35 of 1934, s. 2 and the Schedule. 7. Ins. by Act 10 of 1927, s. 2 and the First Schedule. 1. Certain words omitted by Act 20 of 1929, s. 29 . 2. Ins. by s. 30, ibid. 3. Subs. by s. 31, ibid., for "payable". 4. Subs. by s. 31, ibid ., for "an order". Nothing in this section shall be deemed— 1 [(a) to authorise any mortgagee other than a mortgagee by conditional sale or a mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortgagee as such or a mortgagee by conditional sale as such to institute a suit for sale; or] (b) to authorise a mortgagor who holds the mortgagee's rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or (c) to authorise the mortgagee of a railway, canal or other work in the maintenance of which the public are interested, to institute a suit for foreclosure or sale; or (d) to authorise a person interested in part only of the mortgage-money to-institute a suit relating only to a corresponding part of the mortgaged property, unless the mortgagees have, with the consent of the mortgagor, severed their interests under the mortgage.