Transfer of Property Act

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Description
The word "property" is a legal term to denote every kind of interest of rights which has an economic content, having two broadly versions, "movable" and "immovable property", though has not been defined in the Transfer of Property Act, 1882, yet has been used in its widest and most generic sense. The transfer of its aforesaid two descriptions entails different forms and procedures. Generally, property of any kind may be transferred, but the person urging its non-transferability must prove the existence of some law or custom which restricts the right of transfer. Before 1882, when the Transfer of Property Act came into being, the transfers of immovable proper-ties in India were governed by the principles of English Law and Equity. In absence of any specific statutory provision, the then Courts in India had to fall back on English law on real properties. The 1882 Act being the result of a long and careful consideration, was the first Act of the Legislature to embody the provisions of the Bengal Regulations of 1798 and 1806 and of the Bombay Regulations of 1827. It is the first enactment dealing with a branch of law it relates to. The Act sets out the main objectives which the Legislature intended to achieve. The object of the Act, as set out in the Preamble, is to define and consolidate the certain parts of the law of transfer of property. The Act does not profess to be complete as it relates to the transfer of property by act of parties only. The Act does not deal with pledges of movable properties, Government promissory notes, policies of insurance and the like.
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Contents
Chapter 1 - Preliminary
                   Immovable Property
                   Attestation
                   “Actionable Claim”
                   “Notice”
                   Instruments
Chapter 2 - Of Transfer of Property by Act of Parties
                   Election
                   Apportionment
Chapter 3 - Of  Sale of Immovable Property
                   Discharge of Encumbrances on Sale
Chapter 4 - Of  Mortgages of Immovable Property and Charges
                   Rights and Liabilities of Mortgagor
                   Rights and Liabilities of Mortgagee
                   Priority
                   Marshalling and Contribution
                   Deposit in Court
                   Suits for Foreclosure, Sale or Redemption
                   Foreclosure and Sale
                   Redemption
                   Anomalous Mortgages
                   Attachment of Mortgaged Property
                   Notice and Tender
Chapter 5 - Of Leases of Immovable Property
Chapter 6 - Of Exchanges
Chapter 7 - Of Gifts
Chapter 8 - Of Transfers of Actionable Claims
The Schedule
Appendices
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Author Details
Vishwas Shridhar Sohoni, Advocate, High Court
Assisted by
Sameer Vishwas Sohoni, Advocate, High Court