UPKAR PRAKASHAN, AGRA–2

ByAbhinav Misra

(Useful for Union and State Civil Services, JudicialServices and Other Equivalent Exams.)

Including Objective Questions with Explanatory Answers

Series 1 : Indian Penal Code, 1860 414 50/-Series 2 : The Code of Criminal Procedure, 1973 404 85/-Series 3 : Indian Evidence Act, 1872 1546 60/-Series 5 : The Indian Contract Act, 1872 932 55/-Series 7 : Jurisprudence 1620 42/-Series 8 : The Code of Civil Procedure, 1908 1600 75/-Series 10 : Hindu Muslim Law 1601 60/-Series 13 : U.P. Police Regulations and

Police Act, 1861 1591 45/-Series 15 : Civil Acts 1592 55/-

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ISBN : 978-81-7482-138-6

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Code No. 1573

Printed at : UPKAR PRAKASHAN (Printing Unit) Bye-pass, AGRA

Contents

● Main Sections ………………………………………………………………….…. 3–6

Part I● General……………………………………………………………………………. 7–8

Part II(Section 1 to Section 4)

Chapter 1 : Preliminary ………………………………………………..……….. 9–15

Part III(Section 5 to Section 53-A)

Chapter 2 : Of Transfers of Property by Act of Parties…...………………..…… 16–32

Part IV(Section 54 to Section 57)

Chapter 3 : Of Sales of Immovable Property……...……………………………. 33–35

Part V(Section 58 to Section 104)

Chapter 4 : Of Mortgages of Immovable Property and Charges...……………… 36–47

Part VI(Section 105 to Section 117)

Chapter 5 : Of Lease of Immovable Property……………………………...…... 48–53

Part VII(Section 118 to Section 121)

Chapter 6 : Of Exchanges………...…………………………………………...… 54–55

Part VIII(Section 122 to Section 129)

Chapter 7 : Of Gifts……………………………………………………………… 56–58

Part IX(Section 130 to Section 137)

Chapter 8 : Of Transfers of Actionable Claims…………………………….…… 59–59

● Miscellaneous……………………...………………………………………....…… 60–63

The Transfer of Property Act, 1882

Main Sections

Chapter 1Preliminary 1. Short title 2. Repeal of Acts—Saving of certain enactments, incidents, rights, liabilities etc. 3. Interpretation clause 4. Enactments relating to Contracts to be taken as part of a Contract Act and supplemental to the

Registration Act.

Chapter 2Of Transfers of Property by Act of Parties 5. ‘Transfer of property’ defined 6. What may be transferred 7. Person competent to transfer 8. Operation of transfer 9. Oral transfer10. Condition restraining alienation11. Restriction repugnant to interest created12. Condition making interest determinable on insolvency or attempted alienation.13. Transfer for benefit of unborn person.14. Rule against perpetuity.15. Transfer to a class, some of whom come under sections 13 and 14.16. Transfer to take effect on failure of prior interest.17. Direction for accumulation.18. Transfer in perpetuity for benefit of public.19. Vested interest.20. When unborn person acquires vested interest on transfer for his benefit.21. Contingent interest.22. Transfer to members of a class who attain a particular age.23. Transfer contingent on happening of specified uncertain event.24. Transfer to such of certain persons as survive at some period not specified.25. Conditional transfer.26. Fulfilment of condition precedent.27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition.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.

4 | Transfer of Property Act

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.35. Election when necessary.

Exception to the last preceding four rules.36. Apportionment of periodical payments on determination of interest of person entitled.37. Apportionment of benefit of obligation on severance.38. Transfer by person, authorised only under certain circumstances to transfer.39. Transfer where third person is entitled to maintenance.40. Burden of obligation imposing restriction on use of land or of obligation annexed to ownership but

not amounting to interest or easement.41. Transfer by ostensible owner.42. Transfer by person having authority to revoke former transfer.43. Transfer by unauthorised person who subsequently acquires interest in property transferred.44. Transfer by one co-owner.45. Joint transfer for consideration.46. Transfer for consideration by person 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 bonafide paid to holder under defective title.

51. Improvements made by bonafide holders under defective titles.

52. Transfer of property pending suit relating thereto.

53. Fraudulent transfer.53-A. Part-performance.

Chapter 3Of Sales of Immovable Property54. Sale defined.

55. Rights and liabilities of buyer and seller.

56. Marshalling by subsequent purchaser.

57. Provision by court for encumbrances and sale freed thereon.

Chapter 4Of Mortgages of Immovable Property and Charges58. Mortgage, mortgagor, mortgagee, mortgage money and mortgage deed defined.

59. Mortgage when to be by assurance.

59 A. References to mortgagors and mortgagees to include persons deriving title from them.

Rights and Liabilities of Mortgagor60. Rights of mortgagor to redeem.

60 A. Obligation to transfer to third party instead of re-transference to mortgagor.

60 B. Right to inspection and production of documents.

61. Right to redeem separately or simultaneously.

Transfer of Property Act | 5

62. Right of usufructuary mortgagor to recover possession.63. Accession to mortgaged property.63. A. Improvements to mortgaged property.64. Renewal of mortgaged lease.65. Implied contracts by mortgagor.65 A. Mortgagors power to lease.66. Waste by mortgagor in possession.67. Right to foreclosure or sale.67 A. Mortgagee when bound to bring one suit on several mortgages.68. Right to sue for mortgage-money.69. Power of sale when valid.69 A. Appointment of receiver.70. Accession to mortgaged property.71. Renewal of mortgaged lease.72. Right of mortgagee in possession.73. Right to proceeds of revenue sale or compensation on acquisition.76. Liabilities of mortgagee in possession.77. Receipts in lieu of interest.78. Postponement of prior mortgagee.79. Mortgage to secure uncertain amount when maximum is expressed.81. Marshalling securities.82. Contribution to mortgage-debt.83. Power to deposit in court money due on mortgage.84. Cessation of interest.

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.98. Rights and liabilities of parties to anomalous mortgages.

100. Charges101. No merger in case of subsequent encumbrance.102. Service or tender on or to agent.103. Notice etc. to or by person incompetent to contract.104. Power to make rules.

Chapter 5Of Leases of Immovable Property105. Lease defined :

Lessor, lessee, premium and rent defined.106. Duration of certain leases in absence of a written contract or local usage.107. Leases how made.108. Rights and liabilities of lessor and lessee.

6 | Transfer of Property Act

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 a notice to quit.114. Relief against forfeiture for non-payment of rent.114-A. Relief against forfeture 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 6Of Exchanges118. ‘Exchange’ defined.119. Right of party deprived of thing received in exchange.120. Rights and liabilities of parties.121. Exchange of money.

Chapter 7Of Gifts122. Gift defined.

Acceptance when to be made123. Transfer haw 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 gift.128. Universal donee129. Saving of donations mortis causa and Mohammedan law.

Chapter 8Of Transfers of Actionable Claims130. Transfer of actionable claim.130-A. Transfer of policy of marine insurance.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.136. Incapacity of officers connected with courts of justice.

137. Saving of negotiable instruments etc.

Part -I

GENERAL

The Transfer of Property Act is a substantivelaw. It provides the basic principles of transfer ofproperty.

Preamble—Whereas it is expedient to defineand amend certain parts of the law relating to thetransfer of property by act of parties, it is herebyenacted as follows.

According to preamble of this Act.“An Act to amend the law relating to the

Transfer of Property by act of parties.”So it is clear that it follows only the transfer

by act of parties.Transfer of properties are governed by various

laws such as—(i) Personal laws (in wills and inheritance)(ii) The Sale of Goods Act in movable

property.(iii) Contract Act.(iv) The Transfer of Property Act.(v) The Registration and Stamps Act.(vi) The Indian Succession Act.(vii) Land Revenue Acts of States.The Transfer of Property Act have many

parts, these are—(1) Section 5 to section 37, this part applies,

whether property is movable or immovable.(2) Section 38 to section 53-A, this part

applies only to immovable property.(3) Section 54 to 117, this part applies only to

immovable property.(4) Section 118 to 137, this part applies to

both.History—The draft of this Act was comple-

ted by the first law commission and referred to thesecond law commission. It was passed by thelegislative council in 1882, finally the Act becameenforceable on 1st July, 1882.

Amendment—The main amendment was,Amendment of 1929, and last amendment was theTransfer of Property (Amendment) Act 2002.

About the Act—This Act contains 137 sec-tion and 8 chapters. The largest chapter is chapter2.

Main Cases(1) Ram Coomar Coondoo Vs Macqueen,

(1872)—This case is related to section 41, transferby ostensible owner, according to this, the law ofsection 41 is the law on the subject on equitableestoppel, it is natural equity.

(2) Girijesh Dutt Vs Data Din AIR 1934, Thiscase is related to section 13 and 16. According tothis in a gift to the unborn, a limited prior interestis required.

(3) Whitby Vs Mitchell, 1890, in this, The ruleagainst double possibilities is provided.

(4) Chunchun Jha Vs Sheikh Ebadat Ali 1955,S.C.R.—This case is related to section 58, in thisthe Supreme Court observed that when the saleand agreement to purchase are embodied inseparate document, then the transaction cannot bea mortgage.

(5) Cooper Vs Cooper L.R. 6 Ch 15, This caseis related to section 35, Election when necessary,in this doctrine of election is verified.

(6) Marshal Vs Green 33 LT 400, This case isrelated to section 3, standing timber, according tothis if a transaction was a sale to tree to be cut andtaken away, it was a transfer of standing timber.

(7) Moti Singh Vs Deoki Singh, 160 I.C.,According to this a fruit bearing tree would not bestanding timber.

(8) Shanti Bai Vs State of Bombay A.I.R.1958 S.C., According to this Jalkar right is aimmovable property.

(9) Narayan Vs Vasudev, 15 Bom, Accordingto this, a right to possession and management ofSarjan land is immovable property.

(10) Krishna Kishore Vs Kusunda Collieries65, I.C., According to this royalty is movableproperty.

Law Series 4 Transfer of Property Act,1882

Publisher : Upkar Prakashan ISBN : 9788174821386 Author : Abhinav Misra

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