Property Law: Understanding Transfer of Property Act
A guide to the Transfer of Property Act, 1882 and key concepts in property law
Property Law
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Published: November 01, 2025 at 2:37 AM
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The Transfer of Property Act, 1882 is an Indian legislation that regulates the transfer of property in India. It came into force on 1st July 1882 and applies to the whole of India except the state of Jammu and Kashmir.
The Act deals with the transfer of property by act of parties and not by operation of law. It covers various aspects of property transfer including:
1. General Principles (Sections 1-4)
2. Transfer of Property (Sections 5-37)
3. Sales of Immovable Property (Sections 54-57)
4. Mortgages (Sections 58-104)
5. Leases (Sections 105-117)
6. Exchanges (Sections 118-121)
7. Gifts (Sections 122-129)
8. Actionable Claims (Sections 130-137)
Key concepts include:
- What can be transferred (Section 6)
- Conditions restraining alienation (Section 10)
- Rule against perpetuity (Section 14)
- Doctrine of part performance (Section 53A)
- Doctrine of election (Section 35)
The Act also provides for various types of transfers:
- Sale
- Mortgage
- Lease
- Exchange
- Gift
Registration requirements are governed by the Registration Act, 1908, and certain transfers must be registered to be valid.