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Quick Answer
The TPA 1882 is the foundational property statute. Key provisions: Section 5 (transfer between living persons); Section 53A (part performance); Section 52 (lis pendens — transfer during pending suit takes subject to suit's outcome); Section 54 (sale); Section 58 (mortgage and its types — simple, English, equitable by deposit of title deeds, etc.); Section 105 (lease); Section 122 (gift). The TPA does not apply to inheritance/succession; it applies to inter vivos transfers. State amendments and special statutes (RERA, Maharashtra Rent Control Act, etc.) overlay TPA in specific areas.
Statutory reference
Transfer of Property Act 1882
Related practice areas
Central statute governing transfer of immovable property between living persons. Defines sale, mortgage, lease, exchange, and gift, and lays down doctrines of lis pendens, part performance, and rule against perpetuities.
Transfer of Property Act 1882 is governed by Transfer of Property Act 1882. The TPA 1882 is the foundational property statute. Key provisions: Section 5 (transfer between living persons); Section 53A (part performance); Section 52 (lis pendens — transfer during pending suit takes subject to suit's outcome); Section 54 (sale); Section 58 (mortgage and its types — simple, English, equitable by deposit of title deeds, etc.); Section 105 (lease); Section 122 (gift). The TPA does not apply to inheritance/succession; it applies to inter vivos transfers. State amendments and special statutes (RERA, Maharashtra Rent Control Act, etc.) overlay TPA in specific areas.
Transfer of Property Act 1882 falls under Property & Real Estate. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.
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