Short bullet-point notes ON Transfer of Property Act, 1882 (Sections 1

Short bullet-point notes ON Transfer of Property Act, 1882 (Sections 1–55)

Came into force: 1st July 1882.
Applies to: Whole of India except some exempted areas.
Section 2: Repeals earlier inconsistent Acts but protects certain existing rights.
Section 3: Key definitions like "immoveable property", "instrument", "attached to the earth", "actionable claim".
Section 4: TPA provisions supplement Indian Contract Act & Registration Act.

Section 5: Defines "transfer of property".
Section 6: Lists properties that cannot be transferred (e.g., mere chance to inherit, right to sue).
Section 7: Who can transfer—competent to contract & owner/authorized.
Section 8: Transfer includes all legal incidents unless stated otherwise.
Section 9: Oral transfer valid if law doesn’t mandate writing.
Section 10–12: Conditions restraining alienation or transfer on insolvency are void.

Section 13: Transfer for unborn valid only if whole remaining interest is transferred.
Section 14: Rule against perpetuity—future interests cannot vest beyond certain limits.
Section 18: Exceptions for public benefit (e.g., religion, knowledge).

Section 35: If benefit and property are transferred together, the transferee must elect.
Section 36–37: Rules for apportioning income and duties among transferees.

Section 38: Validates transfer by person under special authority if transferee uses reasonable care.
Section 41: Transfer by ostensible owner valid if transferee acts in good faith.
Section 43: Doctrine of feeding the grant by estoppel.
Section 52: Lis pendens – no transfer allowed during litigation.
Section 53: Fraudulent transfers are voidable.
Section 53A: Doctrine of Part Performance protects possession even if transfer is unregistered.

Section 54: Defines sale – transfer of ownership for a price.
Section 55: Rights and liabilities of buyer and seller, including disclosure, payment, possession, documents, and risk.

Sahayata & Sahayata