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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
Four provisions carry the Act's practical weight in property work. Section 54: sale of immovable property worth ₹100 or more is completed only by a registered sale deed — possession plus full payment plus a notarised agreement still passes no title. That is why GPA transactions are not sales: the Supreme Court in Suraj Lamp closed the GPA/agreement-to-sell/will route, and such holdings can be regularised only by a fresh registered conveyance from the true owner. Section 53A gives the shield version: a transferee in possession under a written agreement who has performed his part can defend that possession even without registration — a defence, never a source of title. Section 52 (lis pendens) makes purchases of property under litigation subject to the suit's outcome, and Section 106 governs lease terminations, where the notice's form and period decide eviction suits before they begin.
Worked example
A Delhi buyer holds a 2009-vintage GPA-plus-agreement 'purchase' of a plot, with full payment and continuous possession. When he tries to sell, the title search stops the deal: post-Suraj Lamp, his papers convey no title. The original owner, traced after months, demands a premium to execute a registered conveyance. Meanwhile a rival claimant's suit against the owner tempts a quick unregistered exit — but any transfer now would be caught by Section 52 lis pendens. The eventual solution is the only clean one: a registered sale deed from the owner (at negotiated cost), executed after the rival suit is compromised on record. Section 53A had protected his possession for fifteen years; only registration finally gave him property.
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 — your first step is a free case assessment with no obligation.
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