The Transfer Of Property Act, 1882

{
    "id": 13301,
    "slug": "transfer-of-property-act-1882",
    "title": "The Transfer Of Property Act, 1882",
    "short_title": "The Transfer Of Property Act, 1882",
    "act_number": "(4 of 1882)",
    "act_year": 1882,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Transfer Of Property Act, 1882",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "Commencement.\nExtent.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Repeal of Acts Saving of certain enactments, incidents, rights, liabilities, etc.",
            "chapter": null,
            "content": "(a) the provisions of any enactment not hereby expressly repealed;\n(b) any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force;\n(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or\n(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Interpretation clause.",
            "chapter": null,
            "content": "(a) rooted in the earth, as in the case of trees and shrubs;\n(b) imbedded in the earth, as in the case of walls or buildings; or\n(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached;\nExplanation I\nExplanation II\nExplanation III",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.",
            "chapter": null,
            "content": "[Chapter II]\nOf Transfers of Property by Act of Parties\n(A) Transfer of property, whether movable or immovable",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Transfer of property defined.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. What may be transferred.",
            "chapter": null,
            "content": "(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred;\n(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby;\n(c) An easement cannot be transferred apart from the dominant heritage;\n(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him;\n[(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred;]\n(e) A mere right to sue [* * *] cannot be transferred;\n(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable;\n(g) Stipends allowed to military [naval] , [air-force] and civil pensioners of the [Government] and political pensions cannot be transferred;\n(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) [for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872),] or (3) to a person legally disqualified to be transferee;\n[(i) Nothing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Persons competent to transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Operation of transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Oral transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Condition restraining alienation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Restriction repugnant to interest created.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Condition making interest determinable or insolvency or attempted alienation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Transfer for benefit of unborn person.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Rule against perpetuity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Transfer to class some of whom come under sections 13 and 14.",
            "chapter": null,
            "content": "[16. Transfer to take effect on failure of prior interest.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Direction for accumulation.",
            "chapter": null,
            "content": "(a) the life of the transferor, or\n(b) a period of eighteen years from the date of transfer,\n(i) the payment of the debts of the transferor or any other person taking any interest under the transferor;\nor\n(ii) the provision of portions for children or remoter issue of the transferor or of any person taking any interest under the transfer; or\n(iii) the preservation or maintenance of the property transferred,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Transfer in perpetuity for benefit of public.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Vested interest.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. When unborn person acquires vested interest on transfer for his benefit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Contingent interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Transfer to members of a class who attain a particular age.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Transfer contingent on happening of specified uncertain event.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Transfer to such of certain persons as survive at some period not specified.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Conditional transfer.",
            "chapter": null,
            "content": "illustrations\n(a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void.\n(b) A gives Rs. 500 to B on condition that he shall marry A s daughter C . At the date of the transfer C was dead. The transfer is void.\n(c) A transfers Rs. 500 to B on condition that she shall murder C . The transfer is void.\n(d) A transfers Rs. 500 to his niece C , if she will desert her husband.\nThe transfer is void.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Fulfilment of condition precedent.",
            "chapter": null,
            "content": "illustrations\n(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition.\n(b) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition.",
            "chapter": null,
            "content": "illustrations\n(a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A s death, and, if he should neglect to do so, to C. B dies in A s life-time. The disposition in favour of C takes effect.\n(b) A transfers property to his wife; but, in case she should die in his life-time, \n\ntransfer to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Ulterior transfer conditional on happening or not happening of specified event.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Fulfilment of condition subsequent.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Prior disposition not affected by invalidity of ulterior disposition.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.",
            "chapter": null,
            "content": "illustrations\n(a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life-interest in the farm.\n(b) A transfers a farm to B , provided that, if B shall not go to England within three years after the date of the transfer, his interest in the farm shall cease. B does not go to England within the term prescribed.\nHis interest in the farm ceases.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Such condition must not be invalid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Transfer conditional on performance of act, no time being specified for performance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Transfer conditional on performance of act, time being specified.",
            "chapter": null,
            "content": "Election",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Election when necessary.",
            "chapter": null,
            "content": "illustrations\nException to the last preceding four rules.\nillustration\nApportionment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "36",
            "title": "36. Apportionment of periodical payments on determination of interest of person entitled.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "37",
            "title": "37. Apportionment of benefit of obligation on severance.",
            "chapter": null,
            "content": "illustrations\n(a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase-money and C and D one-quarter each. E , having notice of this, must pay Rs. 15 to B , Rs. 7.50 to C , and Rs. 7.50 to D and must deliver the sheep according to the joint direction of B, C and D .\n(b) In the same case, each house in the village being bound to provide ten days labour each year on a dyke to prevent inundation. E had agreed as a term of his lease to perform this work for A, B, C and D severally require E to perform the ten days work due on account of the house of each. E is not bound to do more than ten days work in all, according to such directions as B, C and D may join in giving.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "38",
            "title": "38. Transfer by person authorised only under certain circumstances to transfer.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "39",
            "title": "39. Transfer where third person is entitled to maintenance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "40",
            "title": "40. Burden of obligation imposing restriction on use of land.",
            "chapter": null,
            "content": "Or of obligation annexed to ownership but not amounting to interest or easement.\nillustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "41",
            "title": "41. Transfer by ostensible owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "42",
            "title": "42. Transfer by person having authority to revoke former transfer.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "43",
            "title": "43. Transfer by unauthorised person who subsequently acquires interest in property transferred.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "44",
            "title": "44. Transfer by one co-owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "45",
            "title": "45. Joint transfer for consideration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "46",
            "title": "46. Transfer for consideration by persons having distinct interests.",
            "chapter": null,
            "content": "illustrations\n(a) A , owing a moiety, and B and C , each a quarter share, of mauza Sultanpur, exchange an eighth share of that mauza for a quarter share of mauza.\nThere being no agreement to the contrary, A is entitled to an eighth share in Lalpura, and B and C each to a sixteenth share in the mauza.\n(b) A , being entitled to a life-interest in mauza Atrali and B and C to the reversion, sell the mauza for Rs. 1,000. A s life-interest is ascertained to be worth Rs. 600, the reversion Rs. 400. A is entitled to receive Rs. 600 out of the purchase-money. B and C to receive Rs. 400.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "47",
            "title": "47. Transfer by co-owners of share in common property.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "48",
            "title": "48. Priority of rights created by transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "49",
            "title": "49. Transferees right under policy.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "50",
            "title": "50. Rent bona fide paid to holder under defective title.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "51",
            "title": "51. Improvements made by bona fide holders under defective titles.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "52",
            "title": "52. Transfer of property pending suit relating thereto.",
            "chapter": null,
            "content": "Explanation.\n[53. Fraudulent transfer.\n[53-A. Part performance.\nChapter III\nOf Sales of Immovable Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "54",
            "title": "54. Sale defined.",
            "chapter": null,
            "content": "Sale how made.\nContract for sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "55",
            "title": "55. Rights and liabilities of buyer and seller.",
            "chapter": null,
            "content": "(a) to disclose to the buyer any material defect in the property [or in the sellers title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;\n(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the sellers possession or power;\n(c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;\n(d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;\n(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents;\n(f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;\n(g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.\n(a) to the rents and profits of the property till the ownership thereof passes to the buyer;\n(b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, [any transferee without consideration or any transferee with notice of the non-payment] , for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part [from the date on which possession has been delivered] .\n(a) to disclose to the seller any fact as to the nature or extent of the sellers interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;\n(b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;\n(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;\n(d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.\n(a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;\n(b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, [* * *] to the extent of the sellers interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.\n[56. Marshalling by subsequent purchaser.\nDischarge of encumbrances on sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "57",
            "title": "57. Provision by Court for encumbrances and sale freed therefrom.",
            "chapter": null,
            "content": "(b) Thereupon the Court may, if it thinks fit, and after notice to the encumbrance, unless the Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the property to be freed from the encumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court.\n(c) After notice served on the persons interested in or entitled to the money or fraud in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.\n(d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree.\n(e) In this section Court means (1) a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, (3)\nany other Court which the State Government may, from time to time, by notification in the Official Gazette, declare to be competent to exercise the jurisdiction conferred by this section.\nChapter IV\nOf mortgages of immovable property and charges",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "58",
            "title": "58. Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined.",
            "chapter": null,
            "content": "(b) Simple mortgage. - Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.\nSimple mortgage.\n(c) Mortgage by conditional sale. - Where the mortgagor ostensibly sells the mortgaged property\nMortgage by conditional sale.\n(d) Usufructuary mortgage. - Where the mortgagor delivers possession [or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property [or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest [or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.\nUsufructuary mortgage.\n(e) English mortgage. - Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.\nEnglish mortgage.\n[(f) Mortgage by deposit of title-deeds. - Where a person in any of the following towns, namely, the towns of Calcutta, Madras, [and Bombay] , [* * *] and in any other town which the [State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.\nMortgage by deposit of title-deeds.\n(g) Anomalous mortgage. - a mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage] .\nAnomalous mortgage.\nAdditional Information  ▼\n[59] . Mortgage when to be by assurance.\n[59-A. References to mortgagors and mortgagees to include persons deriving title from them.\nRights and liabilities of mortgagor",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "60",
            "title": "60. Right of mortgagor to redeem.",
            "chapter": null,
            "content": "Redemption of portion of mortgaged property.\n[60-A. Obligation to transfer to third party instead of re-transference to mortgagor.\n60-B. Right to inspection and production of documents.\n[61. Right to redeem separately or simultaneously.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "62",
            "title": "62. Right of usufructuary mortgagor to recover possession.",
            "chapter": null,
            "content": "(a) where the mortgagee is authorised to pay himself the mortgage-money from the rents and profits of the property,when such money is paid;\n(b) where the mortgagee is authorised to pay himself from such rents and profits [or any part thereof a part only of the mortgage-money] ,when the term (if any) prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee [the mortgage-money or the balance thereof] or deposits it in Court hereinafter provided.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "63",
            "title": "63. Accession to mortgaged property.",
            "chapter": null,
            "content": "Accession acquired in virtue of transferred ownership.\n[63-A. Improvements to mortgaged property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "64",
            "title": "64. Renewal of mortgaged lease.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "65",
            "title": "65. Implied contracts by mortgagor.",
            "chapter": null,
            "content": "(a) that the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same;\n(b) that the mortgagor will defend, or, if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagors title thereto;\n(c) that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property;\n(d) and, where the mortgaged property is a lease [* * *] , that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and indemnify the mortgagee against all the claims sustained by reason of the non-payment of the said rent or the non-performance or non-observance of the said conditions and contracts;\n(e) and, where the mortgage is a second or subsequent encumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior encumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior encumbrance.\n[65-A. Mortgagors power to lease.\n(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance,\n(c) No such lease shall contain a covenant for renewal,\n(d) Every such lease shall take effect from a date not later than six months from the date on which it is made,\n(e) In the case of a lease of buildings, whether leased with or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid with a time therein specified.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "66",
            "title": "66. Waste by mortgagor in possession.",
            "chapter": null,
            "content": "Explanation.\nRights and liabilities of mortgagee",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "67",
            "title": "67. Right to foreclosure or sale.",
            "chapter": null,
            "content": "[(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]\n(b) to authorise a mortgagor who holds the mortgagees rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or\n(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\n(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.\n[67-A. Mortgagee when bound to bring one suit on several mortgages.\n[68. Right to sue for mortgage-money.\n(a) where the mortgagor binds himself to repay the same;\n(b) where, by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so;\n(c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor;\n(d) where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "69",
            "title": "69. Power of sale when valid.",
            "chapter": null,
            "content": "(a) where the mortgage is an English mortgage, and neither the mortgagor nor the mortgagee is a Hindu, Muhammadan or Buddhist [or a member of any other race, sect, tribe or class from time to time specified in this behalf by [the State Government] , in the Official Gazette] ;\n(b) where [a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage-deed and] the mortgagee is [the Government] ;\n(c) where [a power of sale without the intervention of the Court is expressly conferred on the mortgagee by the mortgage-deed and] the mortgaged property or any part thereof [was, on the date of the execution of the mortgage-deed] , situate within the towns of Calcutta, Madras, Bombay, [* * *] [or in any other town or area which the State Government may, by notification in the Official Gazette, specify in this behalf.]\n[(a)] notice in writing requiring payment of the principal money has been served on the mortgagor, or on one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or\n[(b)] some interest under the mortgage amounting at least to five hundred rupees is in arrear and unpaid for three months after becoming due.\nAdditional Information  ▼\n[69-A. Appointment of receiver.\n(i) in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property;\n(ii) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver;\n(iii) in payment of his commission, and of the premiums on fire, life or other insurances, if any, properly payable under the mortgage-deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee;\n(iv) in payment of the interest falling due under the mortgage;\n(v) in or towards discharge of the principal money, if so directed in writing by the mortgagee,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "70",
            "title": "70. Accession to mortgaged property.",
            "chapter": null,
            "content": "illustrations\n(a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase.\n(b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security, B is entitled to the house as well as the plot.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "71",
            "title": "71. Renewal of mortgaged lease.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "72",
            "title": "72. Right of mortgagee in possession.",
            "chapter": null,
            "content": "(b) for [the preservation of the mortgaged property] from destruction, forfeiture or sale;\n(c) for supporting the mortgagors title to the property;\n(d) for making his own title thereto good against the mortgagor; and\n(e) when the mortgaged property is a renewable lease-hold, for the renewal of the lease,\n[73. Right to proceeds of revenue sale or compensation or acquisition.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "74",
            "title": "74. Right of subsequent mortgagee to pay off prior mortgagee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "75",
            "title": "75. Right of mesne mortgagee against prior and subsequent mortgagees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "76",
            "title": "76. Liabilities of mortgagee in possession.",
            "chapter": null,
            "content": "(a) he must manage the property as a person of ordinary prudence would manage it if it were his own;\n(b) he must use his best endeavours to collect the rents and profits thereof;\n(c) he must, in the absence of a contract to the contrary, out of the income of the property, pay the Government revenue, all other charges of a public nature [and all rent] accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the property may be summarily sold;\n(d) he must in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c) and the interest on the principal money;\n(e) he must not commit any act which is destructive or permanently injurious to the property;\n(f) where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply any money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs, in reduction or discharge of the mortgage-money;\n(g) he must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported;\n(h) his receipts from the mortgaged property, or, where such property is personally occupied by him, a fair occupation-rent in respect thereof, shall, after deducting the expenses [properly incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned in clauses (c) and (d), and interest thereon, be debited against him in reduction of the amount (if any) from time to time due to him on account of interest [* * *] and, so far as such receipts exceed any interest due, in reduction to discharge of the mortgage-money; the surplus, if any, shall be paid to the mortgagor;\n(i) when the mortgagor tenders, or deposits in the manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses of this section, account for his [* * *] receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of Court, as the case may be [and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property.]\nLoss occasioned by his default.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "77",
            "title": "77. Receipts in lieu of interest.",
            "chapter": null,
            "content": "Priority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "78",
            "title": "78. Postponement of prior mortgagee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "79",
            "title": "79. Mortgage to secure uncertain amount when maximum is expressed.",
            "chapter": null,
            "content": "illustration",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "80",
            "title": "80. Tacking abolished.",
            "chapter": null,
            "content": "Marshalling and contribution\n[81. Marshalling securities.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "82",
            "title": "82. Contribution to mortgage-debt.",
            "chapter": null,
            "content": "Deposit in Court",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "83",
            "title": "83. Power to deposit in Court money due on mortgage.",
            "chapter": null,
            "content": "Right to money deposited by mortgagor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "84",
            "title": "84. Cessation of interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "85",
            "title": "85. Parties to suits for foreclosure, sale and redemption.",
            "chapter": null,
            "content": "Foreclosure and sale\nRedemption\n[91. Persons who may sue for redemption.\n(a) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;\n(b) any surety for the payment of the mortgage-debt or any part thereof; or\n(c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property] .\n[92. Subrogation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "93",
            "title": "93. Prohibition of tacking.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "94",
            "title": "94. Rights of mesne mortgagee.",
            "chapter": null,
            "content": "[95. Right of redeeming co-mortgagor to expenses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "96",
            "title": "96. Mortgage by deposit of title-deeds.",
            "chapter": null,
            "content": "[97] . Application of proceeds.\nAnomalous mortgages",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "98",
            "title": "98. Rights and liabilities of parties to anomalous mortgages.",
            "chapter": null,
            "content": "Attachment of mortgaged property\n[99] . Attachment of mortgaged property.\nCharges",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "100",
            "title": "100. Charges.",
            "chapter": null,
            "content": "[101. No merger in case of subsequent encumbrance.\nNotice and tender",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "102",
            "title": "102. Service or tender on or to agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "103",
            "title": "103. Notice, etc., to or by person incompetent to contract.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "104",
            "title": "104. Power to make rules.",
            "chapter": null,
            "content": "Chapter V\nOf Leases of Immovable Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "105",
            "title": "105. Lease defined.",
            "chapter": null,
            "content": "Lessor, lessee, premium and rent defined.\n[106. Duration of certain leases in absence of written contract or local usage.\nOLD LAW  ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "106",
            "title": "106. Duration of certain leases in absence of written contract or local usage.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "3",
            "title": "3. Transitory provision.-",
            "chapter": null,
            "content": "(a)\tAll notices in pursuance of which any suit or proceeding is pending at the commencement of this Act; and\n(b)\tAll notices which have been issued before the commencement of this Act but where no suit or proceeding has been filed before such commencement.\"\n[107] . Leases how made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "108",
            "title": "108. Rights and liabilities of lessor and lessee.",
            "chapter": null,
            "content": "(A) Rights and liabilities of the lessor\n(a) The lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover;\n(b) the lessor is bound on the lessees request to put him in possession of the property:\n(c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption.\n(B) Rights and liabilities of the lessee\n(d) If during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease;\n(e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void:\n(f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor;\n(g) if the lessor neglects to make any payment which he is bound to make, and which, if not made by him, is recoverable from the lessee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor;\n(h) the lessee may [even after the determination of the lease] remove, at any time [whilst he is in possession of the property leased but not afterwards] all things which he has attached to the earth; provided he leaves the property in the state in which he received it;\n(i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property when the lease determines, and to free ingress and egress to gather and carry them;\n(j) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease;\n(k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest;\n(l) the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf;\n(m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition; and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left;\n(n) if the lessee becomes aware of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessors rights concerning such property, he is bound to give, with reasonable diligence, notice thereof to the lessor;\n(o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that for which it was leased, or fell [or sell] timber, pull down or damage buildings [belonging to the lessor, or] work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto;\n(p) he must not, without the lessors consent, erect on the property any permanent structure, except for agricultural purposes;\n(q) on the determination of the lease, the lessee is bound to put the lessor into possession of the property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "109",
            "title": "109. Rights of lessors transferee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "110",
            "title": "110. Exclusion of day on which term commences.",
            "chapter": null,
            "content": "Duration of lease for a year.\nOption to determine lease.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "111",
            "title": "111. Determination of lease.",
            "chapter": null,
            "content": "(a) by efflux of the time limited thereby;\n(b) where such time is limited conditionally on the happening of some eventby the happening of such event;\n(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any eventby the happening of such event;\n(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right;\n(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them;\n(f) by implied surrender;\n(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter [* * *] ; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; [or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event] ;\nand in [any of these cases] the lessor or his transferee [gives notice in writing to the lessee of] his intention to determine the lease;\n(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "112",
            "title": "112. Waiver of forfeiture.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "113",
            "title": "113. Waiver of notice to quit.",
            "chapter": null,
            "content": "illustrations\n(a) A , the lessor, gives B , the lessee, notice to quit the property leased. The notice expires. B tenders and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.\n(b) A , the lessor, gives B , the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "114",
            "title": "114. Relief against forfeiture for non-payment of rent.",
            "chapter": null,
            "content": "[114-A. Relief against forfeiture in certain other cases.\n(a) specifying the particular breach complained of; and\n(b) if the breach is capable of remedy, requiring the lessee to remedy the breach,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "115",
            "title": "115. Effect of surrender and forfeiture on under-leases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "116",
            "title": "116. Effect of holding over.",
            "chapter": null,
            "content": "illustrations\n(a) A lets a house to B for five years. B under-lets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A . C s lease is renewed from month to month.\n(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A s assent. B s lease is renewed from year to year.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "117",
            "title": "117. Exemption of leases for agricultural purposes.",
            "chapter": null,
            "content": "Chapter VI\nOf Exchanges",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "118",
            "title": "118. Exchange defined.",
            "chapter": null,
            "content": "[119. Right of party deprived of thing received in exchange.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "120",
            "title": "120. Rights and liabilities of parties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "121",
            "title": "121. Exchange of money.",
            "chapter": null,
            "content": "Chapter VII\nOf Gifts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "122",
            "title": "122. Gift defined.",
            "chapter": null,
            "content": "Acceptance when to be made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "123",
            "title": "123. Transfer how effected.",
            "chapter": null,
            "content": "Additional Information  ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "124",
            "title": "124. Gift of existing and future property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "125",
            "title": "125. Gift to several of whom one does not accept.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "126",
            "title": "126. When gift may be suspended or revoked.",
            "chapter": null,
            "content": "illustrations\n(a) A gives a field to B , reserving to himself, with B s assent, the right to take back the field in case B and his descendants die before A . B dies without descendants in A s lifetime. A may take back the field.\n(b) A gives a lakh of rupees to B , reserving to himself, with B s assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift holds goods as to Rs. 90,000, but is void as to Rs. 10,000 which continue to belong to A .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "127",
            "title": "127. Onerous gifts.",
            "chapter": null,
            "content": "Onerous gift to disqualified person.\nillustrations\n(a) A shares in X , prosperous joint stock company, and also shares in Y , a joint stock company in difficulties. Heavy calls are expected in respect of the shares in Y . A gives B all his shares in joint stock companies. B refuses to accept the shares in Y . He cannot take the shares in X.\n(b) A , having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, gives to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease.\nHe does not by this refusal forfeit the money.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "128",
            "title": "128. Universal donee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "129",
            "title": "129. Saving of donations mortis causa and Muhammadan Law.",
            "chapter": null,
            "content": "Chapter VIII\nOf transfers of actionable claims",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "130",
            "title": "130. Transfer of actionable claim.",
            "chapter": null,
            "content": "illustrations\n(i) A owes money to B , who transfers the debt to C. B then demands the debt from A , who, not having received notice of the transfer, as prescribed in section 131, pays B . The payment is valid, and C cannot sue A for the debt.\n(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A s executor, subject to the proviso in sub-section (1) of section 130 and to provisions of section 132.\n[130-A] . Transfer of policy of marine insurance.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        },
        {
            "number": "131",
            "title": "131. Notice to be in writing, signed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "132",
            "title": "132. Liability of transferee of actionable claim.",
            "chapter": null,
            "content": "illustrations\n(i) A transfers to C a debt due to him by B, A being then indebted to B.\nC sues B for the debt due by B to A . In suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer.\n(ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 111
        },
        {
            "number": "133",
            "title": "133. Warranty of solvency of debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 112
        },
        {
            "number": "134",
            "title": "134. Mortgaged debt.",
            "chapter": null,
            "content": "[135. Assignment of rights under policy of insurance against fire.\n[135-A] . Assignment of rights under policy of marine insurance.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 113
        },
        {
            "number": "136",
            "title": "136. Incapacity of officers connected with Courts of Justice.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 114
        },
        {
            "number": "137",
            "title": "137. Saving of negotiable instruments, etc.",
            "chapter": null,
            "content": "Explanation.\nTHE SCHEDULE\n(a) STATUTES\nYear and Chapter Subject Extent of repeal 27 Hen. VIII,c.10 Uses The whole 13 Eliz., c.5 Fraudulent conveyances The whole 27 Eliz.,c.4 Fraudulent conveyances The whole 4 Wm.\nand Mary, c.16 Clandestine mortgages The whole\nYear and Chapter\nSubject\nExtent of repeal\n27 Hen. VIII,c.10\nUses\nThe whole\n13 Eliz., c.5\nFraudulent conveyances\nThe whole\n27 Eliz.,c.4\nFraudulent conveyances\nThe whole\n4 Wm.\nand Mary, c.16\nClandestine mortgages\nThe whole\n(b) ACT OF THE GOVERNOR GENERAL IN\nCOUNCIL\nNumber and Year Subject Extent of repeal IX of 1842 Lease and re-lease The whole XXXI of 1854 Modes of conveying land Section 17 XI of 1855 Mesne profits and improvements Section 1; in the title, the words \"to mesne profits and \", and in the preamble \" to limit the liability for mesne profits and\" XXVII of 1866 Indian Trustee Act Section 31 IV of 1872 Punjab Laws Act So far as it relates to Bengal Regulations I of 1798 and XVII of 1806 XX of 1875 Central Provinces Laws Act So far as it relates to Bengal Regulations I of 1798 and XVII of 1806 XVII of 1876 Oudh Laws Act So far as it relates to Bengal Regulations XVII of 1806 1 of 1877 Specific Relief In ss. 35 and 36, the words \"in writing\"\nNumber and Year\nSubject\nExtent of repeal\nIX of 1842\nLease and re-lease\nThe whole\nXXXI of 1854\nModes of conveying land",
            "footnote": "",
            "is_definition": false,
            "sort_order": 115
        },
        {
            "number": "17",
            "title": "Section 17",
            "chapter": null,
            "content": "XI of 1855\nMesne profits and improvements",
            "footnote": "",
            "is_definition": false,
            "sort_order": 116
        },
        {
            "number": "1",
            "title": "Section 1; in the title, the words \"to mesne profits and \", and in the preamble \" to limit the liability for mesne profits and\"",
            "chapter": null,
            "content": "XXVII of 1866\nIndian Trustee Act",
            "footnote": "",
            "is_definition": false,
            "sort_order": 117
        },
        {
            "number": "31",
            "title": "Section 31",
            "chapter": null,
            "content": "IV of 1872\nPunjab Laws Act\nSo far as it relates to Bengal Regulations I of 1798 and XVII of 1806\nXX of 1875\nCentral Provinces Laws Act\nSo far as it relates to Bengal Regulations I of 1798 and XVII of 1806\nXVII of 1876\nOudh Laws Act\nSo far as it relates to Bengal Regulations XVII of 1806\n1 of 1877\nSpecific Relief\nIn ss. 35 and 36, the words \"in writing\"\n(c) REGULATIONS\nNumber and Year Subject Extent of repeal Bengal Regulation I of 1798 Conditional Sales The whole Regulation Bengal Regulation XVII of 1806 Redemption The whole Regulation Bombay Regulation V of 1827 Acknowledgement of debts; interest; mortgages in possession Section 15\nNumber and Year\nSubject\nExtent of repeal\nBengal Regulation I of 1798\nConditional Sales\nThe whole Regulation\nBengal Regulation XVII of 1806\nRedemption\nThe whole Regulation\nBombay Regulation V of 1827\nAcknowledgement of debts; interest; mortgages in possession",
            "footnote": "",
            "is_definition": false,
            "sort_order": 118
        },
        {
            "number": "15",
            "title": "Section 15",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 119
        }
    ],
    "metadata": {
        "Act ID": "090 , 1882]",
        "Act Number": "(4 of 1882)",
        "Enactment Date": "",
        "Act Year": "1882",
        "Short Title": "The Transfer Of Property Act, 1882",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:59"
}