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The Transfer Of Property Act 1882 (TOPA 1882)

Bare Act Overview

ACT NO. 4 OF 1882

[17^th February, 1882]

Chapter I - Preliminary

Section 1. Shorttitle.

Commencement.

Extent.

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 II - Of Transfers Of Property By Act Of Parties

(A) Transfer of Property, whether moveable or immoveable

Election

Section 35. Election when necessary.

Apportionment

(B) Transfer of Immoveable Property

Chapter III Of Sales Of Immoveable Property

Section 54. “Sale” defined.

Sale how made.

Contract for sale.

Section 55. Rights and liabil ities of buyer and seller.
Section 56. Marshalling by subsequent purchaser.

Discharge of Incumbrances on Sale

Section 57. Provision by Court for incumbranc es and sale freed therefrom.

Chapter IV Of Mortgages Of Immoveable Property And Charges

Section 58. “Mortgage” , “Mortgagor ” , “Mortgagee” , “Mortgage-money”and “Mortgagedeed” defined.

Simple mortgage.

Mortgage by conditional sale.

Usufructuary mortgage.

English mortgage.

Mortgage by deposit of title-deeds.

Anomalous mortgage.

Section 59. Mortgage when to be by assurance.
Section 59A. References to mortgagors and mortgagees to include persons deriving title from them.

Rights and Liabilities of Mortgagor

Section 60. Right of mortgagor to redeem.

Redempt ion of portion of mortgaged property.

Section 60A.Obligation to transfer to third party instead of re-transference to mortgagor .
Section 60B. Right to inspect ion and product ion of documents.
Section 61. Right to redeem separately or simultaneously.
Section 62. Right of usufructuary 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 mortgagor in possession.

Rights and liabilities of Mortgagee

Section 67. Right to foreclosure 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 possession.
Section 73. Right to proceeds of revenue sale or compensation on acquisition.
Section 74. [Repealed.].
Section 75. [Repealed.].
Section 76. Liabilities of mortgagee in possession.

Loss occasioned by his default.

Section 77. Receipts in lieu of interests.

Priority

Section 78. Postponement of prior mortgagee.
Section 79. Mortgage to secure uncertain amount when maximum is expressed.
Section 80. [Repealed.].

Marshalling and Contribution

Section 81. Marshalling securities.
Section 82. Contribution to mortgage-debt.

Deposit in Court

Section 83. Power to deposit in Court money due on mortgage.

Right to money deposited by mortgagor.

Section 84. Cessation of interest.

Suits for Foreclosure, Sale or Redemption

Section 85. [Repealed.].

Foreclosure and Sale

Redemption

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. [Repealed.].

Anomalous Mortgages

Section 98. Rights and liabilities of parties to anomalous mortgages.
Section 99. [Repealed.].

Charges

Section 100. Charges.
Section 101. No merger in case of subsequent encumbrance.

Notice and Tender

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 V - Of Leases Of Immoveable Property

Section 105. Lease defined

Chapter VI - Of Exchanges

Chapter VII Of Gifts

Section 122. “Gift” defined

Acceptance when to be made

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

Onerous gift to disqualified person

Section 128. Universal donee
Section 129. Saving of donations mortis causa and Muhammadan law

Chapter VIII Of Transfers Of Actionable Claims