The Transfer of Property Act.1882: 4 of1882 along with model specimens of agreement for sale and sale deed/ Universal Law Publishing

THE TRANSFER OF PROPERTY ACT, 1882
Introduction
Sections
CHAPTER I
PRELIMINARY •
1. Short title 2
Commencement 2
Extent 2
2. Repeal of Acts—Saving of certain enactments, incidents, rights, liabilities, etc. 3
3. Interpretation clause 3
4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act 5
CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(A) Transfer of Property, whether moveabk or immoveable
5. "Transfer of property" defined 5
6. : What may be transferred 5 7. Persons competent to transfer 6 8. Operation of transfer 6
9. Oral transfer 7
10. Condition restraining alienation 7 11. Restriction repugnant to interest created 7
12. Condition making interest determinable on insolvency or attempted alienation 7
13. Transfer for benefit of unborn person 8 14. Rule against perpetuity ^ 8
15. Transfer to class some of whom come under sections 13 and 14 . • 8
16. Transfer to take effect on failure of prior interest 8
17. Direction for accumulation ' 8
18. . Transfer in perpetuity for benefit of public 9
19. Vested interest . . . 9
20. When unborn person acqxiires vested interest on transfer for his benefit 9 21. Contingent interest . . . 9
22. Trarwfer to members of a class who attain a particular age . . . 10 23. Transfer contingent on happening of specified uncertain event . . 10 24. Transfer to such of certain persons as survive at some period not speeified. 10
25. Conditional transfer . . 10
26. Fulfilment of condition precedent . .• . 10
27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition . . . 10
28. Ulterior transfer conditional on happening or not happening of specified event
29. Fulfilment of condition subsequent 30. Prior disposition not affected by invalidity of ulterior disposition 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
32. Such condition must not be invalid 33. Transfer conditional on performance of act, no time being specified for performance 34. Transfer conditional on performance of act, time being specified
Election
35. Election when necessary Exception to the last preceding four rules
Apportionment
36. Apportionment of periodical payments on determination of interest of person entitled 37. Apportionment of benefit of obligation on severance

(B) Transfer of Immoveable Property
Transfer by person authorised only under certain circumstances to tremsfer Transfer where third person is entitled to maintenance
Burden of obligation imposing restriction on use of land Or of obligation annexed to ownership but not amounting
to interest or easement
Transfer by ostensible owner . Transfer by person having authority to revoke former transfer Transfer by unauthorised person who subsequently acquires interest in property transferred Transfer by one co-owner
Joint transfer for consideration 46. Transfer for consideration by persons having distinct interests 47. Transfer by co-owners of share in common property 48. Priority of rights created by transfer 49. Transferee's right under policy 50. Rent bond/ide paid to holder under defective title 51. Improvements made by hona fide holders under defective titles 52. Transfer of property pending suit relating thereto
53. Fraudulent transfer
Part performance

53A.
CHAPTER III OF SALES OF IMMOVEABLE PROPERTY
54. "Sale" defined
Sale how made
Contract for sale

Sections 55. Rights and liabilities of buyer and seller
56. Marshalling by subsequent purchaser
Discharge of Encumbrances on Sale
57. Provision by Court for encumbrances and sale freed therefrom
CHAPTER IV
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES "mortgage-money"58. "Mortgage", "mortgagor", "mortgagee'

and "mortgage-deed" defined
Simple mortgage Mortgage by conditional sale
Usufructuary mortgage
English mortgage Mortgage by deposit of title-deeds . ^ Anomalous mortgage Mortgage when to be by assurance References to mortgagors and mortgagees to include persons deriving title from them
Rights and Liabilities of Mortgagor
Right of mortgagor to redeem
Redemption of portion of mortgaged property Obligation to transfer to third party instead of re-transference to mortgagor Right to inspection and production of documents Right to redeem separately or simultaneously Right of usufructuary mortgagor to recover possession
Accession to mortgaged property Accession acquired in virtue of transferred ownership
Improvement to mortgaged property Renewal of mortgaged lease Implied contracts by mortgagor
Mortgagor's power to lease
Waste by mortgagor in possession
Rights and Liabilities of Mortgagee
Right to foreclosure or sale Mortgagee when boimd to bring one suit on several mortgages Right to sue for mortgage-money
Power of sale when valid Appointment of receiver Accession to mortgaged property Renewal of mortgaged lease Right of mortgagee in possession Right to proceeds of revenue sale or compensation on acquisition

Sections
74. [Repealed] 75. [Repealed] 76. Liabilities of mortgagee in possession Loss occasioned by his default 77. Receipts in lieu of interest
Priority
78. Postponement of prior mortgagee 79. Mortgage to secure uncertain amount when maximum is expressed 80. [Repealed]
Marshalling and Contribution
81. Marshalling securities 82. Contribution to mortgage-debt Deposit in Court 83. Power to deposit in Court money due on mortgage . Right to money deposited by mortgagor
84. Cessation of interest Suits for Foreclosure, Sale or Redemption
85. [Repealed]
Foreclosure and Sale
86 to 90. [Repealed]
Redemption
91. Persons who may sue for redemption 92. Subrogation 93. Prohibition of tacking 94. Rights of mesne mortgagee 95. Right of redeeming co-mortgagor to expenses 96. Mortgage by deposit of title-deeds 97. [Repealed] Anomalous Mortgage 98. Rights and liabilities of parHes to anomalous mortgage Attachment of Mortgaged Property
99. [Repealed]
Charges ^
100. Charges . 41 101 No merger in case of subsequent encum ranee Notice and Tender ^
1 no Service or tender on or to agent ' * . 42 Jo3 Note rfc, to or by person inrompetsnt to contract . ••
,04. Power to m.ke rules p
OF LEASES OF IMMOVEABLE PROPERTY

105. l^L^or!^^ssee, premium and rent defined
SecKons
106. Duration of certain leases in absence of written contract or local usage
107. Leases how made 108. Rights and liabilities of lessor and lessee 109. Rights of lessor's transferee 110. Exclusion of day on which term commences Duration of lease for a year Option to determine lease
111. Determination of lease
112. Waiver of forfeiture 113. Waiver of notice to quit 114. Relief against forfeiture for non-payment of rent 114A. Relief against forfeiture in certain other cases 115. Effect of surrender and forfeiture on under-leases 116. Effect of holding over 117. Exemption of leases for agricultural purposes
CHAPTER VI
OF EXCHANGES
118. "Exchange" defined 1197 Right of party deprived of thing received in exchange 120. Rights and liabilities of parties 121. Excliange of money
CHAPTER VII - '
OF GIFTS
122. "Gift" defined Acceptance when to be made
123. Transfer how effected 124. Gift of existing and future property 125. Gift to several of whom one does not accept 126. When gift may be suspended or revoked 127. Onerous gifts Onerous gift to disqualified person
128. Universal donee 129. Saving of donations tiiorfis causa and Muhammadan Law
CHAPTER VII!
OF TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim 130A. [Repealed] 131. Notice to be in writing, signed 132. Liability of transferee of actionable claim 133. Warranty of solvency of debtor 134. Mortgaged debt 135. Assignment of rights under policy of insurance against fire 135A. [Repealed] 136. Incapacity of officers connected with Courts of Justice 137. Saving of negotiable instruments, etc.
THE SCHEDULE
MODEL SPECIMENS