Real EstateAct No. 4 of 1882In Force

The Transfer of Property Act, 1882

Governs the transfer of property between living persons (inter vivos) in India, covering sale, mortgage, lease, exchange, gift, and actionable claims. The Act codifies principles of equity — bona fide purchaser for value, doctrine of notice, part performance — and defines key concepts like absolute title, mortgages, and lease termination.

Sections

137

Ministry

Ministry of Law and Justice

Last Amended

1929-03-30

Key Provisions

→Attestation and registration requirements for immovable property transfers

→Doctrine of part performance (S.53A)

→Transfer of property to unborn persons and rule against perpetuity

→Sale of immovable property — rights and liabilities of buyer and seller

→Mortgage: simple, usufructuary, English, anomalous; mortgagee's rights

→Lease of immovable property — duration, termination, forfeiture

→Gifts: inter vivos and testamentary; onerous gifts

→Actionable claims — assignment and transfer

Related Practice Areas

real-estate corporate-advisory banking-finance

transfer of propertysalemortgageleasegiftimmovable propertypart performance

Section-by-Section Reference

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Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.