LC 0702 Property Law and Easement : Module 01 Concepts, Meaning and types of Properties (Sections 1 to 4 of the T.P. Act, 1882) :
Module 01 | Concepts, Meaning and types of Properties (Sections 1 to 4 of the T.P. Act, 1882) : 1. Meaning of property 2. Kinds of property - Movable and immovable, tangible and intangible, existing and future, real and personal 3. Role of property rights in social and economic development 4. Doctrine of notice |
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ARRANGEMENT OF SECTIONS
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PREAMBLE
CHAPTER I
PRELIMINARY
SECTIONS
1.
Short title.
commencement. Extent.
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.
ACT NO. 4 OF 1882
[17th
February, 1882.]
An 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:—
CHAPTER I
PRELIMINARY
1.
Short title.—This Act may becalled the Transfer of Property Act, 1882.
Commencements.—It
shallcome into force on the first day of July, 1882.
Extent.—1[Itextends2
in the first instance to the whole of India. except 3[the
territories which, immediately before the 1st November, 1956, were comprised in
Part B States or in the States of], Bombay, Punjab and Delhi.]
4 5
[But this Act or any part thereof may
by notification in the Official Gazette be extended to the whole or any part of
6 [the said territories]
by the State Government concerned.]
7 8
[And any State Government may, *** from
time to time, by notification in the Official Gazette, exempt, either
retrospectively or prospectively, any part of the territories administered by
such State Government from all or any of the following provisions, namely:—
Sections 54, paragraphs 2 and 3, 59, 107 and
123.]
1. Subs. by the
A.O. 1950, for the third paragraph.
2. The
application of this Act was barred in the Naga Hills District, including the
Mokokchung Sub-division, the Dibrugarh Frontier Tract, the North Cachar Hills,
the Garo Hills, the Khasi and Jantia Hills and the Mikir hills Tract, by
notification under s. 2 of the Assant Frontier Tracts Regulation, 1880 (2 of
1880).
Partially extended to Berar by Act 4 of 1941. Extended to
Manipur by Act 68 of 1956; to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2
and Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch.; to
Lakshadweep by Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968,
s. 3 and Sch.
It has been amended to Bombay
by Bombay Act 14 of 1939, S7 of 1959, in U.P. by U.P. Act 24 of 1954, 14 of
1970 and 57 of 1976.
Extended to the Union
territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019,
s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
3. Subs. by the
Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. Subs. by the
A.O. 1937, for the original paragraph.
5.The Act has
been extended to—
The
Presidency of Bombay (except Scheduled Districts) w.e.f. 1-1-1893; to Mehwassi
Estate by Born. Reg. 1 of 1949; and to former princely area w.e.f. 1-4-1951;
now applicable to whole of Maharashtra;
Gujarat (Saurashtra area) by
Saurashtra Ordinance 25 of 1949, and to Kutch area w.e.f.1-1-1950. Madhya
Pradesh:
Mysore,
w.e.f. 1-4-1951; Rajasthan, w.e.f. 1-7-1952; the former State of
Travancore-Cochin, w.e.f. 1-5-1952, now applicable to whole of Kerala. The
provisions o( sections 54, 107 and 123 were extended to—
Delhi,
w.e.f. 30-5-1939. Section 129 was extended to certain areas of Delhi w.e.f.
16-11-1940 and to the remaining areas w.e.f. 1-12-1962. the remaining
provisions were also extended to the Union territory ofDelhi w.e.f. 1-12-1962;
Himachal Pradesh, w.e.f.
7-12-1970:
Punjab, w.e.f. 1-4-1955 and
to former princely area w.e.f. 15-5-1957. (Section 59 was enforced in Haryana
area, w.e.f. 5-8-1967).
The Act has been declared in
force in the Pargana of Manpur by the Manpur Law Regulation, 1926 (2 of 1926),
inPanthPiploda by the PanthPiploda Laws Regulation, 1929 (1 of 1929) and in the
State of Sikkim on 1.9.1984 videNotification
No. S.O. 643(E), dated 24-8-1984, Gazette of India, Extraordinary, Pt. II, sec.
3(0.
The Act has been repealed as
to Government Grants by the Government Grants Act, 1895 (15 of 1895). The Act
has been repealed or modified to the extent necessary to give effect to the
provisions of Madras Act 3 of1922, in the City of Madras see s. 13 of Madras Act 3 of 1922.
6. Subs. by the
Adaptation of Laws (No. 2) Order, 1956, for “the said States”.
7. Subs. by Act
3 of 1885, s. 1, for the original paragraph.
8. The words
“with the previous sanction of the Governor General in Council” omitted by Act
38 of 1920, s. 2 and the Schedule.
1[1]
[Notwithstanding anything in the
foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and
123 shall not extend or be extended to any district or tract of country for the
time being excluded from the operation of the Indian Registration Act, [2][1908
(16 of 1908)], under the power conferred by the first section of that Act or
otherwise.]
2. Repeal of Acts.
Saving of certain enactments, incidents, rights, liabilities, etc.— In the
territories to which this Act extends for the time being the enactments
specified in the Schedule hereto annexed shall be repealed to the extent
therein mentioned. But nothing herein contained shall he deemed to affect—
(a)
the provisions of any enactment not hereby expressly
repealed;
(b)
any terms or incidents of any contract or constitution
of property which are consistent with the provisions of this Act, and arc
allowed by the law for the time being in force;
(c)
any right or liability arising out of a legal relation
constituted before this Act comes into force, or any relief in respect of any
such right or liability; or
(d)
save as provided by section 57 and Chapter IV of this
Act, any transfer by operation of law or by, or in execution of, a decree or
order of a Court of competent jurisdiction;
and nothing in the second Chapter of this
Act shall be deemed to affect any rule of [3][4][5]***
Muhammadan
4
*** law.
3.
Interpretation-clause.—In this Act, unless there is something repugnant in
the subject or context,—
“immoveable property” does not include standing timber,
growing crops or grass; “instrument”, means a non-testamentary instrument;
5
[“attested”, in relation to an
instrument, means and shall be deemed always to have meant attested by two or
more witnesses each of whom has seen the executant sign or affix his mark to
the instrument, or has seen some other person sign the instrument in the
presence and by the direction of the executant, or has received from the
executant a personal acknowledgement of his signature or mark, or of the
signature of such other person, and each of whom has signed the instrument in
the presence of the executant; but it shall not be necessary that more than one
of such witnesses shall have been present at the same time, and no particular
form of attestation shall be necessary;]
“registered” means registered in [6][[7][any
part of the territories] to which this Act extends] under the laws[8][9]
for the time being in force regulating the registration of documents; “attached
to the earth” means—
(a)
rooted in the earth, as in the case of trees and
shrubs;
(b)
imbedded in the earth, as in the case of walls or
buildings; or
(c)
attached to what is so imbedded for the permanent
beneficial enjoyment of that to which it is attached;
9
[“actionable claim” means a claim to any debt, other than a
debt secured by mortgage of immoveable property or by hypothecation or pledge
of moveable property, or to any beneficial interest in moveable property not in
the possession, either actual or constructive, of the claimant, which the Civil
Courts recognise as affording grounds for relief, whether such debt or
beneficial interest be existent, accuring, conditional or contingent;]
1 [“a person is said to have notice”] of a fact
when he actually knows that fact, or when, but for wilful abstention from an
enquiry or search which he ought to have made, or gross negligence, he would
have known it.
Explanation
1.—Whereany transaction relating to immovable property is required by law
to be and has been effected by a registered instrument, any person acquiring
such property or any part of, or share or interest in, such property shall be
deemed to have notice of such instrument as from the date of registration or, 2[where
the property is not all situated in one sub-district, or where the registered
instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908),
from the earliest date on which any memorandum of such registered instrument
has been filed by any Sub-Registrar within whose sub-district any part of the
property which is being acquired, or of the property wherein a share or
interest is being acquired, is situated]:
Provided that—
([10])
the instrument has been registered and its registration completed in the manner
prescribed by the Indian. Registration Act, 1908 (16 of 1908) and the rules
made thereunder,
([11])
the instrument [12][13][or
memorandum] has been duly entered or filed, as the case may be, in books kept
under section 51 of that Act, and
(3) the
particulars regarding the transaction to which the instrument relates have been
correctly entered in the indexes kept under section 55 of that Act.
Explanation II.—Any
person acquiring any immoveable property or any share or interest in any such
property shall be deemed to have notice of the title, if any, of any person who
is for the time being in actual possession thereof.
Explanation III.—A person
shall be deemed to have had notice of any fact if his agent acquires notice
thereof whilst acting on his behalf in the course of business to which that
fact is material:
Provided that, if the agent fraudulently conceals the fact,
the principal shall not be charged with notice thereof as against any person
who was a party to or otherwise cognizant of the fraud.]
4. Enactments
relating to contracts to be taken as part of Contract Act and supplemental to
the Registration Act.—The Chapters and sections of this Act which relate to
contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872):
4 [And sections 54, paragraphs 2 and 3, 59, 107 and
123, shall be read as supplemental to the Indian Registration Act, [14][1908
(16 of 1908)]]
CHAPTER II1
[1]
. Added by Act3 of 1885, s. 2 (w.e.f. 1-7-1882).
[2]
. Subs. by Act 20 of 1929, s. 2, for “1877”.
[3]
. The word “Hindu” omitted by s. 3, ibid.
[4]
. The words “or Buddhist” omitted by s. 3,
ibid.
[5]
. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. 1.
[6]
. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “a Part A State or a Part
C State” (w.e.f. 1-4-1951).
[7] . Subs. by the Adaptation
of Laws (No. 2) Order 1956, for “any State”.
[8]
. See the Indian Registration Act,
1908 (16 of 1908).
[9]
. Ins. by Act 2 of 1900, s. 2.
[10]
. Subs. by Act 20 of 1929, s. 4, for certain words.
[11]
. Subs. by Act 5 of 1930, s. 2, for certain words.
[12]
. Ins. by s. 2, ibid.
[13]
. Added by Act 3 of 1885, s. 3.
[14]
. Subs. by Act 20 of 1929, s. 5, for “1877”
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