The Transfer of Property Act, 1882
The general law on transfer of immovable and movable property between living persons. Defines core forms — sale, mortgage, lease, exchange, gift — and their essentials.
- Sections
- 137
- Chapters
- 8
- Tier
- Tier 2
In one line
What this Act says
The general law for how property changes hands between living persons — sale, mortgage, lease, exchange and gift, and what makes each one valid.
Penalties
What happens if you break it
Transfer in fraud of creditors
§53Transfer is voidable at the option of any defrauded creditor; no criminal penalty under this Act (civil consequence only).
Transfer by an unauthorised person
§43Transfer fails unless the transferor later acquires the right; transferee can claim refund / damages.
Breach of covenants by lessor/lessee
§108, §111Civil remedies — forfeiture, damages, injunction; the Act prescribes no imprisonment.
Headline offences only — not exhaustive. For the full text and every section, open the source PDF or the official link below.
Key Sections & Penalties
Transfer of Property Act at a Glance
| Section | Type | Provision | Applicability | Details / Penalty |
|---|---|---|---|---|
| §5 | definition | Transfer of property defined | - | Administrative / Structural |
| §54 | definition | Sale defined | - | Administrative / Structural |
| §58 | definition | Mortgage defined | - | Administrative / Structural |
| §105 | definition | Lease defined | - | Administrative / Structural |
| §53 | civil | Transfer in fraud of creditors | - | Transfer is voidable at the option of any defrauded creditor; no criminal penalty under this Act (civil consequence only) medium RISK |
Maximum punishments as prescribed by the Act. Actual sentencing depends on facts, prior convictions and judicial discretion.
Sources
Read the Act yourself
We always show you the local source PDF and at least one verifiable online reference, so you can check anything we say.
Source PDF
Transfer of Property Act 1882.pdf
Full text · opens in new tab
Reference
Wikipedia
en.wikipedia.org · opens in new tab
About this Act
Quick facts
- Year
- 1882
- Sections
- 137
- Chapters
- 8
- Tier
- Tier 2