What is the Transfer of Property Act?

The Transfer of Property Act, 1882 (TPA) is a central legislation that governs the transfer of property both movable and immovable between living persons in India. It defines the modes, conditions, and legal requirements for valid property transfers including sale, mortgage, lease, exchange, gift, and actionable claims.

Key Provisions of the TPA

  • Section 5: Definition of transfer of property must be between living persons (inter vivos).
  • Section 8: Transfer of all interests seller transfers all rights they hold.
  • Section 54: Sale defined as transfer of ownership in exchange for a price paid or promised.
  • Section 58: Mortgage transfer of interest in specific immovable property as security for debt.
  • Section 105: Lease transfer of right to enjoy immovable property for a defined term.
  • Section 122: Gift transfer without consideration.

Doctrine of Lis Pendens (Section 52)

Section 52 provides that if a property is subject to ongoing litigation, any transfer of that property during the pendency of the suit is subject to the outcome of the litigation protecting the rights of the party who filed the suit.

The Transfer of Property Act is the bedrock of Indian property law governing every significant real estate transaction. Property buyers, sellers, and investors must understand its key provisions to ensure transactions are legally valid, rights are fully transferred, and protections are properly invoked.

0 People have found this helpful

Similar Blogs

Indian PropTech Market: The $100 Billion Real Estate Tech Boom

Investment Opportunities

Indian PropTech Market: The $100 Billion Real Estate Tech Boom

Aurum Logo
PropTech Pulse Editorial

15th February 2024

What’s Driving Rental and Coliving Demand in India in 2025?

Investment Opportunities

What’s Driving Rental and Coliving Demand in India in 2025?

Aurum Logo
PropTech Pulse Editorial

7th March 2024

Evolution of Customer Relationship Management tools

Technology and Innovation

Evolution of Customer Relationship Management tools

Aurum Logo
PropTech Pulse Editorial

12th April 2024

Pexo Icon

Ask Pulse Ai anything about real estate

Unlock the Latest in Real Estate

News, Infographics, Blogs & More! Delivered to your inbox.

Proptech Pulse Logo

Data that drives action.
Insight that inspires action.
Technology that empowers action.“

Made with Love

Statue

© PropTech Pulse 2026, All rights reserved.

Terms of Use and Privacy Policy