[Contents] Transfer of Property Act, 1882 I

TRANSFER OF
PROPERTY
ACT, 1882

Sec. CONTENTS Page

No. No.
CHAPTER I
PRELIMINARY
1. Short title 19
2. Repeal of Acts Saving of certain enactments, 23
incidents, rights, liabilities, etc.
3. Interpretation-clause 31
4. Enactments relating to contracts to be taken as 54
part of contract Act
II Transfer of Property Act, 1882 [Contents]

PART II
OF TRANSFERS OF
PROPERTY BY ACT OF PARTIES
(A) Transfer of Property, whether moveable or immoveable
5. “Transfer of property” defined 60
6. What may be transferred 91
7. Persons competent to transfer 112
8. Operation of transfer 117
9. Oral transfer 127
10. Condition restraining alienation 132
11. Restriction repugnant to interest created 137
12. Condition making interest determinable on 139
insolvency or attempted alienation
13. Transfer for benefit of unborn person 141
14. Rule against perpetuity 142
15. Transfer to class some of whom come under 144
sections 13 and 14
16. Transfer to take effect on failure of prior interest 145
17. Direction for accumulation 146
18. Transfer in perpetuity for benefit of public 148
19. Vested interest 150
20. When unborn person acquires vested interest 152
on transfer for his benefit
21. Contingent interest 152
22. Transfer to members of a class who attain a 154
particular age
[Contents] Transfer of Property Act, 1882 III

23. Transfer contingent on happening of specified 154

uncertain event
24. Transfer to such of certain persons as survive at 155
some period not specified
25. Conditional transfer 156
26. Fulfilment of condition precedent 156
27. Conditional transfer to one person coupled 157
with transfer to another on failure of prior
disposition
28. Ulterior transfer conditional on happening or 158
not happening of specified event
29. Fulfilment of condition subsequent 159
30. Prior disposition not affected by invalidity of 161
ulterior disposition
31. Condition that transfer shall cease to have effect 161
in case specified uncertain event happens or
does not happen
32. Such condition must not be invalid 162
33. Transfer conditional on performance of act, no 163
time being specified for performance
34. Transfer conditional on performance of act, 164
time being specified
ELECTION
35. Election when necessary 164
APPORTIONMENT
36. Apportionment of periodical payments on 168
determination of interest of person entitled
37. Apportionment of benefit of obligation on 170
severance
IV Transfer of Property Act, 1882 [Contents]

(B) Transfer of Immoveable Property

38. Transfer by person authorised only under 171
certain circumstances to transfer
39. Transfer where third person is entitled to 173
maintenance
40. Burden of obligation imposing restriction on 174
use of land
41. Transfer by ostensible owner 179
42. Transfer by person having authority to revoke 255
former transfer
43. Transfer by unauthorized person who 257
subsequently acquires interest in property
transferred
44. Transfer by one co- owner 271
45. Joint transfer for consideration 280
46. Transfer for consideration by persons having 281
distinct interests
47. Transfer by co-owners of share in common 284
property
48. Priority of rights created by transfer 287
49. Transferee’s right under policy 289
50. Rent bona fide paid to holder under defective 289
title
51. Improvements made by bona fide holders 292
under defective titles
52. Transfer of property pending suit relating 301
thereto
[Contents] Transfer of Property Act, 1882 V

53. Fraudulent transfer 248

53A Part performance 363
CHAPTER III
OF SALES OF
IMMOVABLE PROPERTY
54 “Sale” defined 444
55. Rights and liabilities of buyer and seller 539
56. Marshalling by subsequent purchaser
Discharge of Incumbrances on Sale
57. Provision by Court for incumbrance and sale 581
freed therefrom
CHAPTER IV
OF MORTGAGES OR IMMOVABLE
PROPERTY AND CHARGES
58. “Mortgage,” “mortgagor,” “mortgagee,” 564
“mortgage-money” and “mortgage-deed”
defined
59. Mortgage when to be by assurance 609
59A References to mortgagors and mortgagees to 611
include persons deriving title from them
60. Right of mortgagor to redeem. 611
60A Obligation to transfer to third party instead of 641
re-transference to mortgagor
60B Right to inspection and production of 642
documents
61. Right to redeem separately or simultaneously 642
62. Right of usufructuary mortgagor to recover 643
possession
VI Transfer of Property Act, 1882 [Contents]

63. Accession to mortgaged property 645

63A Improvements to mortgaged property 647
64. Renewal of mortgaged lease 648
65. Implied contracts by mortgagor 649
65A Mortgagor is power to lease 649
66. Waste by mortgagor in possession 651
Rights and liabilities of mortgagee
67. Right to foreclosure or sale 652
67A Mortgagee when bound to bring one suit on 664
several mortgages
68. Right to sue for mortgage-money 666
69. Power of sale when valid 679
69A Appointment of receiver 687
70. Accession to mortgaged property 691
71. Renewal of mortgaged lease 692
72. Rights of mortgagee in possession 692
73. Right to proceeds of revenue sale or 697
compensation on acquisition
74. [Repealed] 701
75. [Repealed] 701
76. Liabilities of mortgagee in possession 701
77. Receipts in lieu of interest 713
78. Postponement of prior mortgagee 715
79. Mortgage to secure uncertain amount when 720
maximum is expressed
80. [Repealed] 721
[Contents] Transfer of Property Act, 1882 VII

81. Marshalling securities 721

82. Contribution to mortgage-debt 722
83. Power to deposit in Court money due on 730
mortgage
84. Cessation of interest 737
85. [Repealed] 743
86. [Repealed] 743
87. [Repealed] 743
88. [Repealed] 743
89. [Repealed] 743
90. [Repealed] 743
91. Person who may sue for redemption 743
92. Subrogation 757
93. Prohibition of tacking 771
94. Rights of mesne mortgagee 771
95. Right of redeeming co-mortgagor to expenses 772
96. Mortgage by deposit of title-deeds 772
97. [Repealed] 773
98. Rights and liabilities of parties to anomalous 773
mortgages
99. [Repealed] 774
100. Charges 774
101. No merger in case of subsequent encumbrance 786
102. Service or tender on or to agent 790
VIII Transfer of Property Act, 1882 [Contents]

103. Notice, etc., to or by person incompetent to 791

contract
104. Power to make rules 792
CHAPTER V
OF LEASES OF IMMOVABLE
PROPERTY
105. “Lease” defined 792
106. Duration of certain leases in absence of written 826
contract or local usage
107. Leases how made 858
108. Rights and liabilities of lessor and lessee 878
109. Rights of lessor’s transferee 913
110. Exclusion of day on which term commences 916
111. Determination of lease 918
112. Waiver of forfeiture 936
113. Waiver of notice to quit 939
114. Relief against forfeiture for non-payment of 941
rent
114A Relief against forfeiture in certain other cases 945
115. Effect of surrender and forfeiture on under- 946
leases
116. Effect of holding over 947
117. Exemption of leases for agricultural purposes 960
CHAPTER VI
OF EXCHANGES
118. “Exchange” defined 963
[Contents] Transfer of Property Act, 1882 IX

119. Right of party deprived of thing received in 973

exchange
120. Right and liabilities of parties 976
121. Exchange of money 976
CHAPTER VII
OF GIFTS
122. “Gift” defined 977
123. Transfer how effected 995
124. Gift of existing and future property 1007
125. Gift to several of whom one does not accept 1007
126. When gift may be suspended or revoked 1007
127. Onerous gifts. 1013
128. Universal donee 1015
129. Saving of donations mortis causa and 1015
Muhammadan law
CHAPTER VIII
ON TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim 1020
130A Transfer of policy of marine insurance 1031
131. Notice to be in writing, signed 1032
132. Liability of transferee of actionable claim 1032
133. Warranty of solvency of debtor 1032
134. Mortgaged debt 1032
135. Assignment of rights under policy of insurance 1033
against fire
X Transfer of Property Act, 1882 [Contents]

135A Assignment of rights under policy of marine 1033

insurance
136. Incapacity of officers connected with Courts of 1040
Justice
137. Saving of negotiable instruments, etc. 1037
W.P. REDEPTION AND RESTITUTION OF
MORTGAGED LEANDS ACT, 1964
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. 1044
2. Definitions. 1044
CHAPTER II
REDEMPTION OF MORTGAGES
3. Petition for redemption. 1047
4. Deposit of amount due under mortgage. 1048
5. Power of Collector to order ejectment. 1048
6. Direction that the Collector shall make when 1048
ordering ejectment.
7. Saving of suits to establish rights. 1049
8. No second petition. 1049
9. Cessation of interest. 1049
CHAPTER III
RESTITUTION OF MORTGAGTES
10. Petition for restitution. 1050
11. Petition when to be dismissed. 1050
[Contents] Transfer of Property Act, 1882 XI

12. Power of Collector to declare and enforce 1050

orders in favour of mortgagor.
13. Effect off order of restitution when 1051
compensation is payable.
14. Appeals 1051
15. Revision. 1052
16. Limitation of appeals. 1052
17. Jurisdiction of Civil Court barred. 1053
18. Collector’s powers to delivery possession. 1054
19. Collector to have certain powers of Civil Courts. 1054
20. Application of Civil Procedure Code in certain 1054
matters.
21. Returns of deposit. 1055
22. Deposit no to be attached. 1055
23. Power to make rules. 1055
24. Repeal and saving. 1056
WEST PAKISTAN REDEMPTION AND
RESTITUTION OF MORTGAGED RULES, 1969
1. Short title and commencement. 1057
2. Definitions. 1057
PART I
REDEMPTION OF MORTGAGES
3. Presentation of application. 1058
4. Procedure before the Collector. 1059
5. Presentation of statement of defence by 1059
mortgagee, etc.,
6. Appearance of parties before the Collector. 1059
XII Transfer of Property Act, 1882 [Contents]

7. Application by minors and persons of unsound 1059

mind.
8. 1059
9. Assessment of the amount due under the 1060
mortgage when the mortgagee is in possession.
10 Procedure for making deposit of the sum due 1060
under the mortgage.
PART II
RESTITUTION MORTGAGES
11. Presentation of petition. 1061
12. Determination of compensation for 1061
improvements made by the mortgagee.
13. Procedure for making deposit of compensation 1061
for improvements.
14. Application of rules 5 to 10, in respect of 1061
petition for restitution of mortgage.
PART III
SUPPLEMENTAL PROVISIONS
15. Procedure for ejecting the mortgagee and 1062
delivering possession of the mortgaged.
16. Procedure to be followed where mortgaged 1062
land is situated in more, than one districts.
17. Procedure in cases of disputed claims to the 1063
mortgage money.
18. Repeal. 1063
Form ‘A’ 1064
Form ‘B’ 1066
Form ‘C’ 1068
[Contents] Transfer of Property Act, 1882 XIII

POWER OF ATTORNEY ACT, 1882

1. Short title. 1069
2. Execution under power of attorney. 1069
3. Payment by attorney under power, without 1070
notice of death, etc., good.
4. Deposit of original instruments creating powers 1071
of attorney.
5. Power of attorney of married women. 1072
6. Act XXVIII of 1866, section 39 repealed. 1072

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