| Preamble |
CHAPTER I
PRELIMINARY |
1. |
Short
title |
2. |
Repeal
of Acts – Saving of certain enactments, incidents, rights, liabilities, etc. |
3. |
Interpretation clause |
4. |
Enactments relating to
contracts to be taken as part of Contract Act and supplemental to the Registration Act |
CHAPTER I
TRANSFER 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 |
12. |
Condition making
interest |
13. |
Transfer for benefit
of unborn |
14. |
Rule against
perpetuity |
15. |
Transfer to a 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. |
Fulfillment of
condition precedent |
27. |
Conditional transfer
to one person |
28. |
Ulterior transfer
conditional on happening or not happening of specified event |
29. |
Fulfillment
of condition subsequent |
30. |
Prior disposition not
affected by invalidity of ulterior disposition |
31. |
Condition that
transfer shall cease |
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 |
ELECTION |
35. |
Election when
necessary |
APPORTIONMENT |
36. |
Apportionment of
periodical payments on determination of interest of person entitled |
37. |
Apportionment of
benefit of obligation on severance |
38. |
Transfer by person
authorised 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 |
41. |
Transfer by ostensible
owner |
42. |
Transfer by person
having authority to revoke former transfer |
43. |
Transfer by
unauthorised 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-owners 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. |
Improvement by bona
fide holders |
52. |
Transfer of property
pending suit relating thereto |
53. |
Fraudulent transfer |
53A. |
Part performance |
CHAPTER III |
54. |
"Sale"
defined |
55. |
Rights and liabilities
of buyer and seller |
56. |
Marshalling by
subsequent purchaser |
DISCHARGE OF ENCUMBRANCES ON SALE |
57. |
Provision by court for
encumbrances and sale freed therefrom |
Chapter - IV |
58. |
"Mortgage",
"mortgagor", "mortgagee", "mortgage-money" and
"mortgaged" defined. |
59. |
Mortgage when to be by
assurance |
59A. |
References to
mortgagors and mortgagees to include persons deriving title from them |
RIGHTS AND LIABILITIES OF
MORTGAGOR |
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 |
RIGHTS AND LIABILITIES OF
MORTGAGEE |
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. |
Right of subsequent
mortgagee to pay off prior mortgagee |
| 75. |
Rights of mesne
mortgagee against prior and subsequent mortgagees |
| 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. |
Tacking abolished |
MARSHALLING AND
CONTRIBUTION |
| 81. |
Marshalling securities |
| 82. |
Contribution to
mortgage-debt |
DEPOSIT IN COURT |
| 83. |
Power to deposit in
court money due on mortgage |
| 84. |
Cessation of interest |
SUITS FOR FORECLOSURE, SALE OR
REDEMPTION |
| 85. |
Parties to suits for
foreclosure, sale and redemption |
| FORECLOSURE
AND SALE |
| 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. |
Application of
proceeds |
ANOMALOUS MORTGAGES |
| 98. |
Rights and liabilities
of parties to anomalous mortgage |
ATTACHMENT OF MORTGAGED PROPERTY |
| 99. |
Attachment of
mortgaged property |
CHARGES |
| 100. |
Charges |
| 101. |
No merger in case of
subsequent encumbrance |
NOTICE AND TENDER |
| 102. |
Service or tender on
or to agent |
| 103. |
Notice, etc., to or
by person |
| 104. |
Power to make rules |
CHAPTER V
OF LEASES OF IMMOVABLE PROPERTY |
| 105. |
Lease defined |
| 106. |
Duration of certain
leases in |
| 107. |
Leases how made |
| 108. |
Rights and
liabilities of lessor and lessee |
| 109. |
Rights of
lessor’s 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 |
| 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 |
| 118. |
"Exchange"
defined |
| 119. |
Right of party
deprived of thing received in exchange |
| 120. |
Rights and
liabilities of parties |
| 121. |
Exchange of money |
CHAPTER VII
OF GIFTS |
| 122. |
"Gift"
defined |
| 123. |
Transfer how effected |
| 124. |
Gift of existing and
future property |
| 125. |
Gift to several of
whom one does not accept |
| 126. |
When gift may be
suspended or revoked |
| 127. |
Onerous gifts |
| 128. |
Universal donee |
| 129. |
Saving of donations
mortis cause and Mohammedan Law |
| 130. |
Transfer of
actionable claim |
CHAPTER VIII
OF TRANSFER S OF ACTIONABLE CLAIMS |
| 130A. |
Transfer of policy
of marine insurance |
| 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. |
Assignment of rights
under policy of marine insurance |
| 136. |
Incapacity of
officers connected with courts of justice |
| 137. |
Saving of negotiable
instruments, etc. |
Courtesy : Chamber of Income Tax Consultants (December, 2001) |
