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The transfer of property act 1882
Mulla D F
The transfer of property act 1882 - 10th Rep - Nagpur Lexis Nexis / Butterowrths 2012 - 1405p lvii
Contents:
Preamble: The Transfer of Property Act 1882;
Chapter 1: Preliminary;
Section 1: Short Title;
Section 2: Repeal of Acts-saving of certain enactments incidents, rights, liabilities, etc.,
Section 3: Interpretation-clause;
Section 4: Enactments relating to contracts to be taken as part of contract Act and supplemental to the Registration Act;
Chapter 2: Of transfers of property by act of parties;
(A) Transfer of property, whether movable or immovable;
Section 5: Transfer of property defined;
Section 6: What may be transferred;
Section 7: Persons competent to transfer;
Section 8: Operation of transfer;
Section 9: Oral transfer;
Section 10: Condition restraining alienation;
Section 11: Restriction repugnant to interest created;
Section 12: Condition making interest determinable on insolvency or attempted alienation;
Section 13: Trasnfer for benefit of unborn person;
Section 14: Rule against perpetuity;
Section 15: Transfer to class, some of whom come under sections 13 and 14;
Section 16: Transfer to take effect on failure of perior interest;
Section 17: Direction for accumulation;
Section 18: Transfer in perpetuity for benefit of public;
Section 19: Vested interest;
Section 20: When unborn person acquires vested interest on transfer for his benefit;
Section 21: Contingent interest;
Section 22: Transfer to members of a class who attain a particular age;
Section 23: Transfer contingent on happening of specified uncertain event;
Section 24: Transfer to such of certain persons as survive at some period not specified;
Section 25: Conditional transfer;
Section 26: Fulfilment of condition precedent;
Section 27: Conditional trasnfer to one person coupled with transfer to another on failure of prior disposition;
Section 28: Ulterior transfer conditional on happening or not happening of specified event;
Section 29: Fulfilment of condition subsequent;
Section 30: Prior disposition not affected by invalidity of ulterior disposition;
Section 31: Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen;
Section 32: Such condition must not be invalid;
Section 33: Transfer conditional on performance of act, no time being specified for performance;
Section 34: Transfer conditional on performance of act, time being specified;
Section 35: Election when necessary;
Section 36: Appointment of periodical payments on determination of interest of person entitled;
Section 37: Appointment of benefit of obligation on severance;
(B) Transfer of immovable property;
Section 38: Transfer by person authorised only under certain circumstances to transfer;
Section 39: Transfer where third person is entitled to maintenance;
Section 40: Burden of obligation imposing restriction on use of land or of obligation annexed to owneship but not amounting to interest or easement;
Section 41: Transfer by osternsible owner;
Section 42: Transfer by person having authority to revoke former transfer;
Section 43: Transfer by unauthorised person who subsequently acquired interest in property transferred;
Section 44: Transfer by one co-owner;
Section 45: Joint transfer for consideration;
Section 46: Transfer for consideration by persons having distinct interests;
Section 47: Transfer by co-owners of share in common property;
Section 48: Priority of rights created by transfer;
Section 49: Transferee's right under policy;
Section 50: Rent bona fine paid to holder under defective title;
Section 51: Improvements made by bona fide holders under defective titles;
Section 52: Transfer of property pending suit relating thereto;
Section 53: Fraudulent transfer;
Section 53A: Part performance;
Chapter 3: Of sales of immovable property;
Section 54: Sale defined;
Section 55: Rights and liabilities of buyer and seller;
Section 56: Marshalling by subsequent purchaser;
Section 57: Provision by court for encumbrances and sale freed therefrom;
Chapter 4: Of mortgages of immovable property and charges;
Section 58: Mortgage Clause A to G;
Section 59: Mortgage when to be by assurance;
Section 59A: References to mortgagors and mortgagees to include persons deriving title from them;
Section 60: Right to mortgagor to redeem;
Section 60A: Obligation to transfer to third party instead of re-transference to mortgagor;
Section 60B: Right to inspection serparately or simultaneously;
Section 61: Right to redeem separetely or simultaneously;
Section 62: Right of unufructuary mortgagor to recover possession;
Section 63: Accession to mortgaged property accession acquired in virtue of transferred ownership;
Section 63A: Improvements to mortgaged property;
Section 64: Renewal of mortgaged lease;
Section 65: Implied contracts by mortgagor;
Section 65A: Mortgagor's power to lease;
Section 66: Waste by morgagor in possission;
Section 67: Right to fore-closure or sale;
Section 67A: Mortgagee when bound to bring one suit on several mortgages;
Section 68: Right to sue for mortgage-money;
Section 69: Power of sale when valid;
Section 69A: Appointment of receiver;
Section 70: Accession to mortgaged property;
Section 71: Renewal of mortgaged lease;
Section 72: Rights of mortgagee in possission;
Section 73: Right to proceeds of revenue sale or compensation on acquisition;
Section 74: Right of subsequent mortgage to pay off prior mortgagee;
Section 75: Rights of mesne mortgagee against prior and subsequent mortgagees;
Section 76: Liabilities of mortgageee in possession;
Section 77: Receipts in lieu of interest;
Section 78: Postponement of prior mortgagee;
Section 79: Mortgage to secure uncertain amount when maximum is expressed;
Section 80: Tacking abolished;
Section 81: Marshalling securities;
Section 82: Contribution to mortgage debt;
Section 83: Power to deposit in court money due on mortgage;
Section 84: Cessation of interest;
Section 85: Parties to suits for foreclosure, sale and redemption;
Sections 86 to 90: [Rep. by the Code of Civil Procedure, 1908, (5 of 1908), sec. 156 and Sch.V];
Section 91: Persons who may sue for redemption;
Section 92: Subrogation;
Section 93: Prohibition of tacking;
Section 94: Rights of mesne mortgagee;
Section 95: Right of redeeming co-mortgagor to expenses;
Section 96: Mortgage by deposit of title-deeds;
Section 97: Application of proceeds;
Section 98: Rights and liabilities of parties to anomalous mortgagees;
Section 99: Attachment of mortgaged property;
Section 100: Charges;
Section 101: No merger in case of subsequent encumbrance;
Section 102: Service or tender on or to agent;
Section 103: Notice, etc., to or by person incompetent to contract;
Section 104: Power to make rules;
Chapter 5: Of leases of immovable property;
Section 105: Leease dfined;
Section 106: Duration of certain leases in absence of written contract or local usage;
Section 107: Leases how made;
Section 108: Rights and liabilities of lessor and lessee;
Section 109: Rights of lessor's transferee;
Section 110: Exclusion of the day on which term commences;
Section 111: Determination of lease;
Section 112: Waiver of forfeiture;
Section 113: Waiver of notice to quit;
Section 114: Relief against forfeiture for the non-payment of rent;
Section 114A: Relief against forfeiture in certain other cases;
Section 115: Effect of surrender and forfeiture on under-leases;
Section 116: Effect of holding over;
Section 117: Exemption of leases for agricultural purposes;
Chapter 6: Of exchanges;
Section 118: Exchange defined;
Section 119: Right of party deprived of thing received in exchange;
Section 120: Rights and liabilities of parties;
Section 121: Exchange of money;
Chapter 7: Of gifts;
Section 122: Gift defined;
Section 123: Transfer how effected;
Section 124: Gift of existing and future property;
Section 125: Gift to several of whom one does not accept;
Section 126: When gift may be suspended or revoked;
Section 127: Onerous gifts;
Section 128: Universal donee;
Section 129: Saving of donations mortis causa and Muhammadan Law;
Chapter 8: Of transfers of actionable claims;
Section 130: Transfer of actionable claim;
Section 130A: Transfer of policy of marine insurance:
Section 131: Notice to be in writing, signed;
Section 132: Liability of transferee of actionable claim;
Section 133: Warranty of solvency of debtor;
Section 134: Mortgaged debt;
Section 135: Assignment of rights under policy of insurance against fire;
Section 135A: Assignment of rights under policy of marine insurance;
Section 136: Incapacity of officers connected with courts of justice;
Section 137: Saving of negotiable instruments, etc;
Appendices:
Appendix I: The Hindu Disposition of Property Act 1916;
Appendix II: The Government Grants Act 1895;
Appendix III: Dispositions of Property (Bombay) Validation Act 1947;
Appendix IV: Glossary;
Appendix V: The Registration and Other Related Laws (Amendment) Act 2001;
Appendix VI: The Transfer of Property (Amendment) Act 2002;
Index.
9788180381164
1.Transfer of Property Act - Commentary
346.0436 MUL-3
The transfer of property act 1882 - 10th Rep - Nagpur Lexis Nexis / Butterowrths 2012 - 1405p lvii
Contents:
Preamble: The Transfer of Property Act 1882;
Chapter 1: Preliminary;
Section 1: Short Title;
Section 2: Repeal of Acts-saving of certain enactments incidents, rights, liabilities, etc.,
Section 3: Interpretation-clause;
Section 4: Enactments relating to contracts to be taken as part of contract Act and supplemental to the Registration Act;
Chapter 2: Of transfers of property by act of parties;
(A) Transfer of property, whether movable or immovable;
Section 5: Transfer of property defined;
Section 6: What may be transferred;
Section 7: Persons competent to transfer;
Section 8: Operation of transfer;
Section 9: Oral transfer;
Section 10: Condition restraining alienation;
Section 11: Restriction repugnant to interest created;
Section 12: Condition making interest determinable on insolvency or attempted alienation;
Section 13: Trasnfer for benefit of unborn person;
Section 14: Rule against perpetuity;
Section 15: Transfer to class, some of whom come under sections 13 and 14;
Section 16: Transfer to take effect on failure of perior interest;
Section 17: Direction for accumulation;
Section 18: Transfer in perpetuity for benefit of public;
Section 19: Vested interest;
Section 20: When unborn person acquires vested interest on transfer for his benefit;
Section 21: Contingent interest;
Section 22: Transfer to members of a class who attain a particular age;
Section 23: Transfer contingent on happening of specified uncertain event;
Section 24: Transfer to such of certain persons as survive at some period not specified;
Section 25: Conditional transfer;
Section 26: Fulfilment of condition precedent;
Section 27: Conditional trasnfer to one person coupled with transfer to another on failure of prior disposition;
Section 28: Ulterior transfer conditional on happening or not happening of specified event;
Section 29: Fulfilment of condition subsequent;
Section 30: Prior disposition not affected by invalidity of ulterior disposition;
Section 31: Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen;
Section 32: Such condition must not be invalid;
Section 33: Transfer conditional on performance of act, no time being specified for performance;
Section 34: Transfer conditional on performance of act, time being specified;
Section 35: Election when necessary;
Section 36: Appointment of periodical payments on determination of interest of person entitled;
Section 37: Appointment of benefit of obligation on severance;
(B) Transfer of immovable property;
Section 38: Transfer by person authorised only under certain circumstances to transfer;
Section 39: Transfer where third person is entitled to maintenance;
Section 40: Burden of obligation imposing restriction on use of land or of obligation annexed to owneship but not amounting to interest or easement;
Section 41: Transfer by osternsible owner;
Section 42: Transfer by person having authority to revoke former transfer;
Section 43: Transfer by unauthorised person who subsequently acquired interest in property transferred;
Section 44: Transfer by one co-owner;
Section 45: Joint transfer for consideration;
Section 46: Transfer for consideration by persons having distinct interests;
Section 47: Transfer by co-owners of share in common property;
Section 48: Priority of rights created by transfer;
Section 49: Transferee's right under policy;
Section 50: Rent bona fine paid to holder under defective title;
Section 51: Improvements made by bona fide holders under defective titles;
Section 52: Transfer of property pending suit relating thereto;
Section 53: Fraudulent transfer;
Section 53A: Part performance;
Chapter 3: Of sales of immovable property;
Section 54: Sale defined;
Section 55: Rights and liabilities of buyer and seller;
Section 56: Marshalling by subsequent purchaser;
Section 57: Provision by court for encumbrances and sale freed therefrom;
Chapter 4: Of mortgages of immovable property and charges;
Section 58: Mortgage Clause A to G;
Section 59: Mortgage when to be by assurance;
Section 59A: References to mortgagors and mortgagees to include persons deriving title from them;
Section 60: Right to mortgagor to redeem;
Section 60A: Obligation to transfer to third party instead of re-transference to mortgagor;
Section 60B: Right to inspection serparately or simultaneously;
Section 61: Right to redeem separetely or simultaneously;
Section 62: Right of unufructuary mortgagor to recover possession;
Section 63: Accession to mortgaged property accession acquired in virtue of transferred ownership;
Section 63A: Improvements to mortgaged property;
Section 64: Renewal of mortgaged lease;
Section 65: Implied contracts by mortgagor;
Section 65A: Mortgagor's power to lease;
Section 66: Waste by morgagor in possission;
Section 67: Right to fore-closure or sale;
Section 67A: Mortgagee when bound to bring one suit on several mortgages;
Section 68: Right to sue for mortgage-money;
Section 69: Power of sale when valid;
Section 69A: Appointment of receiver;
Section 70: Accession to mortgaged property;
Section 71: Renewal of mortgaged lease;
Section 72: Rights of mortgagee in possission;
Section 73: Right to proceeds of revenue sale or compensation on acquisition;
Section 74: Right of subsequent mortgage to pay off prior mortgagee;
Section 75: Rights of mesne mortgagee against prior and subsequent mortgagees;
Section 76: Liabilities of mortgageee in possession;
Section 77: Receipts in lieu of interest;
Section 78: Postponement of prior mortgagee;
Section 79: Mortgage to secure uncertain amount when maximum is expressed;
Section 80: Tacking abolished;
Section 81: Marshalling securities;
Section 82: Contribution to mortgage debt;
Section 83: Power to deposit in court money due on mortgage;
Section 84: Cessation of interest;
Section 85: Parties to suits for foreclosure, sale and redemption;
Sections 86 to 90: [Rep. by the Code of Civil Procedure, 1908, (5 of 1908), sec. 156 and Sch.V];
Section 91: Persons who may sue for redemption;
Section 92: Subrogation;
Section 93: Prohibition of tacking;
Section 94: Rights of mesne mortgagee;
Section 95: Right of redeeming co-mortgagor to expenses;
Section 96: Mortgage by deposit of title-deeds;
Section 97: Application of proceeds;
Section 98: Rights and liabilities of parties to anomalous mortgagees;
Section 99: Attachment of mortgaged property;
Section 100: Charges;
Section 101: No merger in case of subsequent encumbrance;
Section 102: Service or tender on or to agent;
Section 103: Notice, etc., to or by person incompetent to contract;
Section 104: Power to make rules;
Chapter 5: Of leases of immovable property;
Section 105: Leease dfined;
Section 106: Duration of certain leases in absence of written contract or local usage;
Section 107: Leases how made;
Section 108: Rights and liabilities of lessor and lessee;
Section 109: Rights of lessor's transferee;
Section 110: Exclusion of the day on which term commences;
Section 111: Determination of lease;
Section 112: Waiver of forfeiture;
Section 113: Waiver of notice to quit;
Section 114: Relief against forfeiture for the non-payment of rent;
Section 114A: Relief against forfeiture in certain other cases;
Section 115: Effect of surrender and forfeiture on under-leases;
Section 116: Effect of holding over;
Section 117: Exemption of leases for agricultural purposes;
Chapter 6: Of exchanges;
Section 118: Exchange defined;
Section 119: Right of party deprived of thing received in exchange;
Section 120: Rights and liabilities of parties;
Section 121: Exchange of money;
Chapter 7: Of gifts;
Section 122: Gift defined;
Section 123: Transfer how effected;
Section 124: Gift of existing and future property;
Section 125: Gift to several of whom one does not accept;
Section 126: When gift may be suspended or revoked;
Section 127: Onerous gifts;
Section 128: Universal donee;
Section 129: Saving of donations mortis causa and Muhammadan Law;
Chapter 8: Of transfers of actionable claims;
Section 130: Transfer of actionable claim;
Section 130A: Transfer of policy of marine insurance:
Section 131: Notice to be in writing, signed;
Section 132: Liability of transferee of actionable claim;
Section 133: Warranty of solvency of debtor;
Section 134: Mortgaged debt;
Section 135: Assignment of rights under policy of insurance against fire;
Section 135A: Assignment of rights under policy of marine insurance;
Section 136: Incapacity of officers connected with courts of justice;
Section 137: Saving of negotiable instruments, etc;
Appendices:
Appendix I: The Hindu Disposition of Property Act 1916;
Appendix II: The Government Grants Act 1895;
Appendix III: Dispositions of Property (Bombay) Validation Act 1947;
Appendix IV: Glossary;
Appendix V: The Registration and Other Related Laws (Amendment) Act 2001;
Appendix VI: The Transfer of Property (Amendment) Act 2002;
Index.
9788180381164
1.Transfer of Property Act - Commentary
346.0436 MUL-3
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