The Transfer of Property Act, 1882

This Act may be called the Transfer of Property Act, 1882. Commencements.-- It shall come into force on the first day of July, 1882. Extent.-- 1[It extends 2 in the first instance to the whole of India. except 3[theterritories which, immediately before the 1st November, 1956, were comprised in Part BStates or in the States of], Bombay, Punjab and Delhi.] 4[But this Act or any part thereof may by 5notification in the Official Gazette beextended to the whole or any part of 6[the said territories] by the State Governmentconcerned. 7[And any State Government may, 8*** from time to time, by notification in the OfficialGazette, exempt, either retrospectively or prospectively, any part of the territoriesadministered by such State Government from all or any of the following provisions,namely:-- Sections 54, paragraphs 2 and 3, 59, 107 and 123. 9[Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for thetime being excluded from the operation of the Indian Registration Act, 10[1908 (16 of 1908)],under the power conferred by the first section of that Act or otherwise.]

In the territories to which this Act extends for the time being the e nactments specified inthe Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothingherein contained shall he deemed to affect-- (a) the provisions of any enactment not hereby expressly repealed; (b) any terms or incidents of any contract or constitution of property which are consistentwith the provisions of this Act, and arc allowed by the law for the time being in force; (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 (d) save as provided by section 57 and Chapter IV of this Act, any transfer by operationof law or by, or in execution of, a decree or order of a Court of competent jurisdiction; and nothing in the second Chapter of this Act shall be deemed to affect any rule of 1*** Muhammadan 2*** law.

In this Act, unless there is something repugnant in the subject orcontext,-- "immoveable property" does not include standing timber, growing crops or grass; "instrument",means a non-testamentary instrument; 1 ["attested", in relation to an instrument, means and shall be deemed always to havemeant attested by two or more witnesses each of whom has seen the executant sign or affixhis mark to the instrument, or has seen some other person sign the instrument in thepresence and by the direction of the executant, or has received from the executant a personalacknowledgement of his signature or mark, or of the signature of such other person, andeach of whom has signed the instrument in the presence of the executant; but it shall not benecessary that more than one of such witnesses shall have been present at the same time, andno particular form of attestation shall be necessary;] "registered" means registered in 2[3[any part of the territories] to which this Act extends]under the laws4 for the time being in force regulating the registration of documents; "attached to the earth" means-- (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it isattached; 5["actionable claim" means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficialinterest in moveable property not in the possession, either actual or constructive, of the claimant,which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficialinterest be existent, accuring, conditional or contingent;] 6["a person is said to have notice"] of a fact when he actually knows that fact, or when, but for wilfulabstention from an enquiry or search which he ought to have made, or gross negligence, he would haveknown it. Explanation 1.--Where any transaction relating to immovable property is required by law to beand has been effected by a registered instrument, any person acquiring such property or any part of,or share or interest in, such property shall be deemed to have notice of such instrument as from thedate of registration or, 7[where the property is not all situated in one sub-district, or where theregistered instrument has been registered under sub-section (2) of section 30 of the IndianRegistration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of suchregistered instrument has been filed by any Sub-Registrar within whose sub-district any part of theproperty which is being acquired, or of the property wherein a share or interest is being acquired, issituated:] Provided that-- (1) the instrument has been registered and its registration completed in the mannerprescribed by the Indian. Registration Act, 1908 (16 of 1908) and the rules made thereunder, (2) the instrument 8[or memorandum] has been duly entered or filed, as the case may be, inbooks kept under section 51 of that Act, and (3) the particulars regarding the transaction to which the instrument relates have been correctlyentered in the indexes kept under section 55 of that Act. Explanation II.--Any person acquiring any immoveable property or any share or interest inany such property shall be deemed to have notice of the title, if any, of any person who is for thetime being in actual possession thereof. Explanation III.--A person shall be deemed to have had notice of any fact if his agent acquiresnotice thereof whilst acting on his behalf in the course of business to which that fact is material: Provided that, if the agent fraudulently conceals the fact, the principal shall not be chargedwith notice thereof as against any person who was a party to or otherwise cognizant of the fraud.]

The Chapters and sections of this Act which relate to contracts shall be taken as partof the Indian Contract Act, 1872 (9 of 1872): 1[And sections 54, paragraphs 2 and 3, 59, 107 and 123, shall be read as supplemental to the IndianRegistration Act,2[1908 (16 of 1908).]]

1In the following sections transfer of property means an actby .which a living person conveys property, in present or in future, to one or more other living persons, orto himself, 2[or it himself] and one or more other living persons; and "to transfer property" is to performsuch act. 3[in this section "living person" includes a company or association or body of individuals,whether incorporated or not, but nothing herein contained shall affect any law for the time being inforce relating to transfer of property to or by companies, associations or bodies of individuals.]