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Commentary on The Transfer of Property Act, 1882 (Act No.4 of 1882) with latest case laws | Latest

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Binding : Hard Bound
Author : Dr.Ujwala Bendale, LL.M., Ph.D. and Dr.Rasheed Shaik, M.A., LL.M., Ph.D.
Pages : 1692
Publisher: The Delhi Law House
Edition: 1st Reprint Edition 2023
Language: English
ISBN10: 93-88918-42-8
ISBN13: 978-93-88918-42-8
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Commentary on The Transfer of Property Act, 1882 (Act No.4 of 1882)

with latest case laws

This book contains:-

Chapter I - Preliminary

Section 1 - Short title
Section 2 - Repeal of Acts - Saving of certain enactments, incidents, rights, liabilities, etc.
Section 3 - Interpretation clause
Section 4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

Chapter II - Of Transfers of Property by Act of Parties

Section 5 - "Transfer of Property" defined
Section 6 - What may be transferred
Section 7 - Persons competent to transfer
Section 8 - Operation of transfer
Section 9 - Oral transfer
Section 10 - Condition restraining alienation
Section 11 - Restriction repugnant to interest created
Section 12 - Condition making interest determinable on insolvency or attempted alienation
Section 13 - Transfer for benefit of unborn person
Section 14 - Rule against perpetuity
Section 15 - Transfer to class some of whom come under Secs.13 and 14
Section 16 - Transfer to take effect on failure of prior interest
Section 17 - Direction for accumulation
Section 18 - Transfer in perpetuity for benefit of public
Section 19 - Vested interest
Section 20 - When unborn person acquires vested interest on transfer for his benefit
Section 21 - Contingent interest
Section 22 - Transfer to members of a class who attain a particular age
Section 23 - Transfer contingent on happening of specified uncertain event
Section 24 - Transfer to such of certain persons as survive at some period not specified
Section 25 - Conditional transfer
Section 26 - Fulfillment of condition precedent
Section 27 - Conditional transfer to one person coupled with transfer to another on failure of prior disposition
Section 28 - Ulterior transfer conditional on happening or not happening of specified event
Section 29 - Fulfillment of condition subsequent
Section 30 - Prior disposition not affected by invalidity of ulterior disposition
Section 31 - Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
Section 32 - Such condition must not be invalid
Section 33 - Transfer conditional on performance of act, no time being specified for performance
Section 34 - Transfer conditional on performance of act, time being specified
Section 35 - Election when necessary
Section 36 - Apportionment of periodical payments on determination of interest of person entitled
Section 37 - Apportionment of benefit of obligation on severance
Section 38 - Transfer by person authorized only under certain circumstances to transfer
Section 39 - Transfer where third person is entitled to maintenance
Section 40 - Burden of obligation imposing restriction on use of land
Section 41 - Transfer by ostensible owner
Section 42 - Transfer by person having authority to revoke former transfer
Section 43 - Transfer by unauthorized person who subsequently acquired interest in property transferred
Section 44 - Transfer by one co-owner
Section 45 - Joint transfer for consideration
Section 46 - Transfer for consideration by persons having distinct interests
Section 47 - Transfer by co-owners of share in common property
Section 48 - Priority of rights created by transfer
Section 49 - Transferee's right under policy
Section 50 - Rent bona fide paid to holder under defective title
Section 51 - Improvements made by bona fide holders under defective titles
Section 52 - Transfer of property pending suit relating thereto
Section 53 - Fraudulent transfer
Section 53-A - Part performance

Chapter III - Of Sales of Immovable Property

Section 54 - "Sale" defined
Section 55 - Rights and liabilities of buyer and seller
Section 56 - Marshalling by subsequent purchaser
Section 57 - Provision by Court for encumbrances and sale freed there from

Chapter IV - Of Mortgages of Immovable Property and Charges

Section 58 - "Mortgage", "mortgagor", "mortgagee", "mortgage-money" and "mortgage-deed" defined
Section 59 - Mortgage when to be by assurance
Section 59-A - References to mortgagors and mortgagees to include persons deriving title from them
Section 60 - Right of mortgagor to redeem
Section 60-A - Obligation to transfer to third party instead of re-transference to mortgagor
Section 60-B - Right to inspection and production of documents
Section 61 - Right to redeem separately or simultaneously
Section 62 - Right of usufructuary mortgagor to recover possession
Section 63 - Accession to mortgaged property
Section 63-A - Improvements to mortgaged property
Section 64 - Renewal of mortgaged lease
Section 65 - Implied contracts by mortgagor
Section 65-A - Mortgagor's power to lease
Section 66 - Waste by mortgagor in possession
Section 67 - Right to foreclosure or sale
Section 67-A - Mortgagee when bound to bring one suit on several mortgages
Section 68 - Right to sue for mortgage-money
Section 69 - Power of sale when valid
Section 69-A - Appointment of receiver
Section 70 - Accession to mortgaged property
Section 71 - Renewal of mortgaged lease
Section 72 - Right of mortgaged in possession
Section 73 - Right to proceeds of revenue sale or compensation or acquisition
Section 74 - Right of subsequent mortgagee to pay off prior mortgagee.-(Repealed)
Section 75 - Right of mesne mortgagee against prior and subsequent mortgagees.-(Repealed)
Section 76 - Liabilities of mortgagee in possession
Section 77 - Receipts in lieu of interest
Section 78 - Postponement of prior mortgagee
Section 79 - Mortgage to secure uncertain amount when maximum is expressed
Section 80 - Tacking abolished. - (Repealed)
Section 81 - Marshalling securities
Section 82 - Contribution to mortgage-debt
Section 83 - Power to deposit in Court money due on mortgage
Section 84 - Cessation of interest
Section 85 - Parties to suits for foreclosure, sale and redemption. - (Repealed)
Section 86 to 90 - (Repealed)
Section 91 - Persons who may sue for redemption
Section 92 - Subrogation
Section 93 - Prohibition of tacking
Section 94 - Rights of mesne mortgagee
Section 95 - Right of redeeming co-mortgagor to expenses
Section 96 - Mortgage by deposit of title-deeds
Section 97 - Application of proceeds. - (Repealed)
Section 98 - Rights and liabilities of parties to anomalous mortgages
Section 99 - Attachment of mortgaged property. - (Repealed)
Section 100 - Charges
Section 101 - No merger in case of subsequent encumbrance
Section 102 - Service or tender on or to agent
Section 103 - Notice, etc., to or by person incompetent to contract
Section 104 - Power to make rules

Chapter V - Of Leases of Immovable 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
Section 109 - Rights of lessor's transferee
Section 110 - Exclusion of day on which term commences
Section 111 - Determination of lease
Section 112 - Waiver of forfeiture
Section 113 - Waiver of notice to quit
Section 114 - Relief against forfeiture for non-payment of rent
Section 114-A - Relief against forfeiture in certain other cases
Section 115 - Effect of surrender and forfeiture on under-leases
Section 116 - Effect of holding over
Section 117 - Exemption of leases for agricultural purposes