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Nyaya Vidhiन्याय विधि · Indian Law, Lucid
Enacted 1882Property LawsBrief

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

    §53

    Transfer is voidable at the option of any defrauded creditor; no criminal penalty under this Act (civil consequence only).

  • Transfer by an unauthorised person

    §43

    Transfer fails unless the transferor later acquires the right; transferee can claim refund / damages.

  • Breach of covenants by lessor/lessee

    §108, §111

    Civil 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

SectionTypeProvisionApplicabilityDetails / Penalty
§5definition
Transfer of property defined
-Administrative / Structural
§54definition
Sale defined
-Administrative / Structural
§58definition
Mortgage defined
-Administrative / Structural
§105definition
Lease defined
-Administrative / Structural
§53civil
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.

Also see: India Code

About this Act

Quick facts

Year
1882
Sections
137
Chapters
8
Tier
Tier 2
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