CHAPTER VIII: OF TRANSFERS OF ACTIONABLE CLAIMS Section 130: Transfer of actionable claim This section explains how to legally transfer a right to claim a debt or other financial interest. An “actionable claim” is an unsecured debt or a beneficial interest in property that you don’t possess (e.g., an unpaid bill, a life insurance policy,
CHAPTER VII: OF GIFTS Section 122: “Gift” defined This section defines the essential legal ingredients that make a transfer a “gift.” “Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of
CHAPTER VI: OF EXCHANGES Section 118: “Exchange” defined This section defines what an “exchange” is and how it must be done. Section 119: Right of party deprived of thing received in exchange This section provides a remedy if the property you received in an exchange turns out to have a faulty title. Section 120: Rights
Chapter V: Of Leases of Immoveable Property Section 105: Lease defined Section 106: Duration of certain leases in absence of written contract or local usage Section 107: Leases how made Section 108: Rights and liabilities of lessor and lessee (A) Rights and Liabilities of the Lessor (Landlord) (B) Rights and Liabilities of the Lessee (Tenant)
Chapter IV: Of Mortgages of Immoveable Property Section 58: “Mortgage,” “Mortgagor,” etc. Defined (a) Core Definitions: (b) Simple Mortgage: (c) Mortgage by Conditional Sale: (d) Usufructuary Mortgage: (e) English Mortgage: (f) Mortgage by Deposit of Title-Deeds: (g) Anomalous Mortgage: Section 59: Mortgage When to be by Assurance (How to Make a Mortgage) Section 59A: References
Chapter III: Of Sales of Immoveable Property We now begin a new chapter that deals specifically with the most common type of transfer: Sale. Section 54: “Sale” defined This section defines what a “sale” is and, most importantly, how one is legally done. Part 1: The Definition Part 2: How to Make a Sale (The
(B) Transfer of Immoveable Property We now begin a new, major part of Chapter II, which deals only with Immoveable Property (land, buildings, etc.). Section 38: Transfer by person authorised only under certain circumstances to transfer This section protects a buyer who, in good faith, buys from someone who has limited or conditional power to
CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES(A) Transfer of Property, whether moveable or immoveable Section 5: “Transfer of property” defined This is the single most important definition in the Act. It defines the very act this entire law is about. Section 6: What may be transferred This section starts with a very
Chapter I: Preliminary Welcome to this detailed, section-by-section guide to the Transfer of Property Act, 1882. This Act is the foundation of all property law in India, governing how we transfer property from one living person to another. Let’s begin with the first chapter, which sets the stage for the entire Act. Section 1: Short
