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1 THE TRANSFER OF PROPERTY ACT, 1882

(ACT NO. IV OF 1882).
  Part No : Chapter No : Section No: [ 17th February, 1882  
  
     2 An Act to amend the law relating to the Transfer of Property by Act of Parties.
 
Preamble
    WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; It is hereby enacted as follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short title
Commencement
[It extends to the whole of Bangladesh.]
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
CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(A) Transfer of Property, whether moveable or immoveable
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
13. Transfer for benefit of unborn person
14. Rule against perpetuity
15. Transfer to 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. Fulfilment of condition precedent
27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition
28. Ulterior transfer conditional on happening or not happening of specified event
29. Fulfilment of condition subsequent
30. Prior disposition not affected by invalidity of ulterior disposition
31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
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
(B) Transfer of Immoveable Property
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, or of obligation annexed to ownership but not amounting to interest or easement
41. Transfer by ostensible owner
42. Transfer by person having authority to revoke former transfer
CHAPTER VI
OF EXCHANGES
120. Rights and liabilities of parties
CHAPTER II
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(B) Transfer of Immoveable Property
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. Improvements made by bona fide holders under defective titles
52. Transfer of property pending suit relating thereto
53. Fraudulent transfer
53A. Part performance
53B. Immoveable Property under a contract for sale not to be transferred
53C. Immoveable Property without Khatian not to be sold
53D. Immoveable Property under mortgage not to be transferred
53E. Instrument of transfer to be supported by affidavit
CHAPTER III
OF SALES OF IMMOVEABLE PROPERTY
54. “Sale” defined
Sale how made
Contract for sale
54A. Contract for sale to be registered, etc.
55. Rights and liabilities of buyer and seller
56. Marshalling by subsequent purchaser
Discharge of Incumbrances on Sale
57. Provision by Court for incumbrance and sale freed therefrom
CHAPTER IV
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
58.“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined
Simple mortgage
Mortgage by conditional sale
Usufructuary mortgage
English mortgage
Mortgage by deposit of title-deeds
Anomalous mortgage
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.
Redemption of portion of mortgaged property
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
Accession acquired in virtue of transferred ownership
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. [Repealed]
75. [Repealed]
76. Liabilities of mortgagee in possession
Loss occasioned by his default
77. Receipts in lieu of interest
Priority
78. Postponement of prior mortgagee
79. Mortgage to secure uncertain amount when maximum is expressed
80. [Repealed]
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
85. [Repealed]
86. [Repealed]
87. [Repealed]
88. [Repealed]
89. [Repealed]
90. [Repealed]
Redemption
91. Person 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. [Repealed]
Anomalous Mortgages
98. Rights and liabilities of parties to anomalous mortgages
99. [Repealed]
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 incompetent to contract
104. Power to make rules
CHAPTER V
OF LEASES OF IMMOVEABLE PROPERTY
105. “Lease” defined
"Lessor", "lessee", "premium" and "rent" defined
106. Duration of certain leases in absence of written contract or local usage
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
Duration of lease for a year
Option to determine lease
111. Determination of lease
112. Waiver of forfeiture
113. Waiver of notice to quit
114. Relief against forfeiture for non-payment of rent
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
121. Exchange of money
CHAPTER VII
OF GIFTS
122. “Gift” defined
Acceptance when to be made
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. Onerous gift to disqualified person.
Onerous gift to disqualified person
128. Universal donee
129. Saving of donations mortis causa and Muhammadan law
CHAPTER VIII
OF TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim
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.
 
 

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