Overview of transfer of property. How the provisions are to be reorganised into topics.

1. Transfer of Property Act, 1882
or
Property Law
Overview of Sections:
1-21; 35-37 and 54-57

2. TP Act overview
• Ch-1 Preliminary (S. 1-4)
• Ch-2 Transfer of property by act of parties (S. 5-53A)
• Ch-3 Sales of immovable property (S. 54-57)
• Ch-4 Mortgages of immovable property & charges (S. 58-104)
•
•
•
•
•
Ch-5 Leases of immovable property (S. 105-117)
Ch-6 Exchanges (S. 118-121)
Ch-7 Gifts (S. 122-129)
Ch-8 Transfers of actionable claims (S. 130-132)
Schedule (S. 133-137)

3. Relevant for exam
• Ch-1 Preliminary (S. 1-4)
– All
• Ch-2 Transfer of property by act of parties (S. 5-53A)
– ONLY S. 5-21 & 35-37
• Ch-3 Sales of immovable property (S. 54-57)
– All
• Totally: 28 provisions to be covered

4. Chapter I - Preliminary
• 1. Short title
• 2. Repeal of Acts-Saving of certain enactments,
incidents, rights, liabilities, etc.
• 3. Interpretation clause
–
–
–
–
–
–
"immovable property"
"instrument"
"attested"
"registered"
"attached to the earth"
"actionable claim"
• 4. Enactments relating to contracts to be taken as part of
Contract Act and supplemental to the Registration Act

5. Chapter II
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 created
12. Condition making interest determinable on
insolvency or attempted alienation

6. Chapter II
Transfer of property by act of parties
• 13. Transfer for benefit of unborn person
• 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

7. Chapter II
Transfer of property by act of parties
• 35. Election when necessary
• 36. Apportionment of periodical payments
on determination of interest of person
entitled
• 37. Apportionment of benefit of obligation
on severance

8. Chapter III
Sales of immovable property
• 54. "Sale" defined
• 55. Rights and liabilities of buyer and
seller
• 56. Marshalling by subsequent purchaser
• 57. Provision by court for encumbrances
and sale freed therefrom

9. Let us divide the syllabus in this way for our
convenience. Each topic will be dealt in a separate file.
1. Movable and immovable
property
2. Attestation and notice
3. Actionable claim
– S. 1-4
4. Transfer of property
– S. 5-9
5. Restraints on transfer
– S. 10-12
6. Rule against perpetuities
– S. 13-18
7. Vested and contingent
interest
– S. 19-21
8. Doctrine of election
– S. 35-37
9. Sale of immovable
property
– S. 54-57

10. Finally, these are the topics
A. Introduction
1. Movable and immovable property
2. Attestation and notice
3. Actionable claim
4. Transfer of property
5. Restraints on transfer
6. Rule against perpetuities
7. Vested and contingent interest
8. Doctrine of election
9. Sale of immovable property

11. The contents of this file have been compiled from various
reliable sources. Due care has been taken to avoid
errors. The author of this work takes no responsibility for
the consequences arising out of error. The reader is
advised to cross check with the text books and the Act in
case of confusion. You are allowed to share this file with
your friends without making changes to the contents of
this file. However, you are not allowed to exploit this
work commercially.
- Gagan K.
University of Mysore
gagan555@gmail.com