The Transfer of Property Act
Federal Acts · Federal · 1882 · IV of 1882
Legal status
In force
Effective date
—
Sections
143
Chapter I — Preliminary
Chapter II — Of Transfers Of Property By Act Of Parties
- 5: "Transfer of property" defined
- 6: What may be transferred
- 7: Persons competent to transfer
- 8: Operation of transfer
- 9: Oral transfer
- 10: Condition restraining alienation
- 11: Restriction repugnant to interest created
- 12: Condition making interest determinable on insolvency or attempted alienation
- 13: Transfer for benefit of unborn person
- 14: Rule against perpetuity
- 15: Transfer to class some of whom come under sections 13 and 14
- 16: Transfer to take effect on failure of prior interest
- 17: Direction for accumulation
- 18: Transfer in perpetuity for benefit of public
- 19: Vested interest
- 20: When unborn person acquires vested interest on transfer for his benefit
- 21: Contingent interest
- 22: Transfer to members of a class who attain a particular age
- 23: Transfer contingent on happening of specified uncertain event
- 24: Transfer to such of certain persons as survive at some period not specified
- 25: Conditional transfer
- 26: Fulfilment of condition precedent
- 27: Conditional transfer to one person coupled with transfer to another on failure of prior
- 28: Ulterior transfer conditional on happening or not happening of specified event
- 29: Fulfilment of condition subsequent
- 30: Prior disposition not affected by invalidity of ulterior disposition
- 31: Condition that transfer shall cease to have effect in case specified uncertain event happens or
- 32: Such condition must not be invalid
- 33: Transfer conditional on performance of act, no time being specified for performance
- 34: Transfer conditional on performance of act, time being specified
- 35: Election when necessary
- 36: Apportionment of periodical payments on determination of interest of person entitled
- 37: Apportionment of benefit of obligation on severance
- 38: Transfer by person authorized only under certain circumstances to transfer
- 39: Transfer where third person is entitled to maintenance
- 40: Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership
- 41: Transfer by ostensible owner
- 42: Transfer by person having authority to revoke former transfer
- 43: Transfer by unauthorized person who subsequently acquires interest in property transferred
- 44: Transfer by one co owner
- 45: Joint transfer for consideration
- 46: Transfer for consideration by persons having distinct interests
- 47: Transfer by co owner of share in common property
- 48: Priority of rights created by transfer
- 49: Transferee's right under policy
- 50: Rent bona-fide paid to holder under defective title
- 51: Improvements made by bona fide holders under defective titles
- 52: Transfer of property pending suit relating thereto
- 53: Fradulent transfer
- 53A: Part performance
Chapter III — Of Sales Of Immoveable Property
Chapter IV — Of Mortgages Of Immoveable Property And Charges
- 58: "Mortgage," "mortgagor," "mortgagee," "mortgage money" and "mortgage deed" defined
- 59: Mortgage when to be by assurance
- 59A: References to mortgagors and mortgagees to include persons deriving title from them
- 60: Right of mortgagor to redeem
- 60A: Obligation to transfer to third party instead of re transference to Mortgagor
- 60B: Right to inspection and production of documents
- 61: Right to redeem separately or simultaneously
- 62: Right of usufructuary mortgagor to recover possession
- 63: Accession to mortgaged property
- 63A: Improvements to mortgaged property
- 64: Renewal of mortgaged lease
- 65: Implied contracts by mortgagor
- 65A: Mortgagor's power to lease
- 66: Waste by mortgagor in possession
- 67: Right to foreclosure or sale
- 67A: Mortgagee when bound to bring one suit on several mortgages
- 68: Right to sue for mortgage money
- 69: Power of sale when valid
- 69A: Appointment of receiver
- 70: Accession to mortgaged property
- 71: Renewal of mortgaged lease
- 72: Rights of mortgagee in possession
- 73: Right to proceeds of revenue sale or compensation on acquisition
- 74-75: [Repealed] sections 74-75(repealed)
- 76: Liabilities of mortgagee in possession
- 77: Receipts in lieu of interest
- 78: Postponement of prior mortgagee
- 79: Mortgage to secure uncertain amount when maximum is expressed
- 80: [Repealed](repealed)
- 81: Marshalling securities
- 82: Contribution to mortgage debt
- 83: Power to deposit in Court money due on mortgage
- 84: Cessation of interest
- 85-90: [Repealed] sections 85-90(repealed)
- 91: Persons who may sue for redemption
- 92: Subrogation
- 93: Prohibition of tacking
- 94: Rights of mesne mortgagee
- 95: Right of redeeming co mortgagor to expenses
- 96: Mortgage by deposit of title deeds
- 97: [Repealed](repealed)
- 98: Rights and liabilities of parties to anomalous mortgages
- 99: [Repealed](repealed)
- 100: Charges
- 101: No merger in case of subsequent encumbrance
- 102: Service or tender on or to agent
- 103: Notice, etc., to or by person incompetent to contract
- 104: Power to make rules
Chapter V — Of Leases Of Immoveable Property
- 105: Lease defined
- 106: Duration of certain leases in absence of written contract or local usage
- 107: Leases how made
- 108: Rights and liabilities of lessor and lessee
- 109: Rights of lessors’ transferee
- 110: Exclusion of day on which term commences
- 111: Determination of lease
- 112: Waiver of forfeiture
- 113: Waiver of notice to quit
- 114: Relief against forfeiture for non payment of rent
- 114A: Relief against forfeiture in certain other cases
- 115: Effect of surrender and forfeiture on under leases
- 116: Effect of holding over
- 117: Exemption of leases for agricultural purposes
Chapter VI — Of Exchanges
Chapter VII — Of Gifts
Chapter VIII — Of Transfers Of Actionable Claims
- 130: Transfer of actionable claim
- 130A: [Repealed](repealed)
- 131: Notice to be in writing, signed
- 132: Liability of transferee of actionable claim
- 133: Warranty of solvency of debtor
- 134: Mortgaged debt
- 135: Assignment of rights under policy of insurance against fire
- 135A: [Repealed](repealed)
- 136: Incapacity of officers connected with Courts of Justice
- 137: Saving of negotiable instruments, etc
Preliminary
Legal information only. Verify current law and obtain advice from a qualified lawyer for your circumstances.