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Transfer of Property Act, 1882 – Section Summary

SectionRuleKey ConceptCase Law
5Defines transfer of propertyTransfer means giving property from one person to anotherNarandas Karsondas v S.A. Kamtam
6What may be transferredProperty can be transferred unless law says noGopal v Parsotam
8Operation of transferTransfer passes all rights to the new ownerRam Gopal v Nand Lal
10Condition restraining alienationYou cannot fully stop a person from selling propertyRosher v Rosher
11Restriction repugnant to interestConditions that go against ownership rights are invalidMohd. Raza v Abbas Bandi Bibi
13Transfer for benefit of unborn personProperty can be given to a person not yet bornTagore v Tagore
14Rule against perpetuityProperty cannot be tied up forever without transferGirija Bai v Sadashiv Dhundiraj
16Transfer to take effect on failure of prior interestIf first transfer fails, next one takes effectRam Charan v Naurangi Lal
19Vested interestInterest is created immediately, even if use is laterLachhman v Baldeo
21Contingent interestInterest depends on happening of an uncertain eventLeake v Robinson
25Conditional transferTransfer depends on a condition being metTulsidas v Rasiklal
35Doctrine of electionA person must choose between accepting and rejecting a transferCooper v Cooper
38Transfer by person authorised only under certain circumstancesTransfer valid only when conditions are satisfiedRamkumar v Jagannath
41Transfer by ostensible ownerBuyer is protected if he buys in good faith from apparent ownerRamcoomar Koondoo v Macqueen
43Transfer by unauthorised person who later acquires interestTransfer becomes valid if transferor later gets ownershipJumma Masjid v Kodimaniandra Deviah
52Doctrine of lis pendensProperty cannot be transferred during a court caseBellamy v Sabine
53Fraudulent transferTransfer made to cheat creditors is invalidTwynes Case
53APart performanceBuyer in possession is protected even if formal transfer not doneNathulal v Phoolchand
54Sale of immovable propertySale means transfer of ownership for a priceNarandas Karsondas v S.A. Kamtam
55Rights and liabilities of buyer and sellerLists duties of buyer and sellerKaliaperumal v Rajagopal
58Mortgage definedMortgage is transfer of interest to secure a loanKedar Lal v Hari Lal
60Right of redemptionBorrower can take back property after repaying loanNarandas Karsondas v S.A. Kamtam
67Right to foreclosure or saleLender can sell property if loan not repaidMaharaj Kishen v Raja Ram
68Right to sue for mortgage moneyLender can sue for money in certain casesKishan Lal v Ganga Ram
69Power of sale without courtLender can sell property without court in some casesVasudeva Mudaliar v Srinivasa Pillai
70Accession to mortgaged propertyAny addition to property also becomes part of mortgageBhagwan Das v Debi Dayal
72Rights of mortgagee in possessionLender in possession can manage propertyRam Dhan v Naurangi
91Persons who may sue for redemptionLists who can ask to get property backKishan Lal v Ganga Ram
105Lease definedLease means giving property for use for a timeAssociated Hotels v R.N. Kapoor
106Duration of leaseDefines lease period when not specifiedState of U.P. v Lalji Tandon
108Rights and liabilities of lessor and lesseeDuties of landlord and tenantKalyanji v Bhura
111Determination of leaseLease ends in certain situationsShaha Ratansi Khimji v Kumbhar Sons Hotel
118Exchange definedExchange means giving one property for anotherRanchhoddas v Devaji
122Gift definedGift means transfer without paymentKalyan Sundaram v Karuppa Mooppanar
123Transfer how effected (gift)Gift must be registered and signedRenikuntla Rajamma v K. Sarwanamma
126When gift may be suspended or revokedGift can be cancelled in certain casesThakur Raghunath v Ramesh Chandra
130Transfer of actionable claimRights like debts can be transferredJugalkishore Saraf v Raw Cotton Co.