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Taxmann's Transfer of Property Act 1882 [Bare Act without Comments | AIBE] – Complete Statutory Text of Act 4 of 1882 | All Eight Chapters and All 148 Sections with the Schedule of Repeals

Taxmann's Transfer of Property Act 1882 [Bare Act without Comments | AIBE] – Complete Statutory Text of Act 4 of 1882 | All Eight Chapters and All 148 Sections with the Schedule of Repeals

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  • Author: Taxmann
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Transfer of Property Act 1882 [Bare Act without Comments] by Taxmann for the All India Bar Examination (AIBE) is the 2026 Edition of Act 4 of 1882, the Act passed, in the words of its own long title, to amend the law relating to the Transfer of Property by act of parties. It is dated 17th February 1882 and, by its own section 1, came into force on the first day of July 1882. The volume holds the Preamble, all eight Chapters and all 148 sections, 137 numbered and 11 lettered, together with the Schedule of repeals, in 50 printed pages behind a seven-page section-wise contents. It is published for the AIBE-XXII (22) cycle, whose paper is set for 29th November 2026. Printed without notes, comments, annotations or commentary, the volume is in the form the Bar Council of India permits candidates to carry into the AIBE examination hall. The statutory text is freely available; what this edition supplies is that permitted form, the amendment record and the apparatus that makes a section quick to reach. The AIBE paper sets 100 questions in 3 hours 30 minutes, a little over two minutes a question. Syllabus head 17 reads Law of Contract, Specific Relief, Property Laws, Negotiable Instrument Act and carries 8 of the 100 marks across its four limbs, of which this is the Property Laws limb and the third of the four titles. Finding the section is answered by a seven-page contents listing every entry by number, marginal heading and page under its Chapter, and by a section or Schedule number in the running head on 49 of the 50 pages. The apparatus is light. Nineteen footnotes sit at the foot of the page, and they fall on only eleven of the fifty; the other thirty-nine carry statutory text alone. Fifteen of the nineteen record a change to the words. One is the extension history, the longest note in the book and the only one that runs over a page break: it reaches from the presidency of Bombay on 1st January 1893 to the Union territories of Jammu and Kashmir and Ladakh on 31st October 2019. Two are pointers to a successor statute. One is an explanatory note that nothing in Chapter II is to be deemed to affect any rule of Muhammadan Law, citing section 2 of the Transfer of Property (Amendment) Act 1929, which is what section 2 of this Act says in its own closing words. There is no case law in the book. No citation, no judgment, no holding, no comment on what any section means. Besides the amendment record, the only editorial matter is two pointers to a successor statute: “Now see the Indian Registration Act, 1908” where section 3 defines registered by reference to the law regulating the registration of documents, and “Now repealed. See the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013” where section 73(2) names the Land Acquisition Act 1894. Both say which statute now applies. Neither says what it means. This book is intended for the following audience: AIBE-XXII (22) Candidates—who sit the paper on 29th November 2026 and need the Property Laws limb of syllabus head 17, a head worth 8 of the 100 marks across four statutes Conveyancing and Property Lawyers—who draft and examine sales, mortgages, leases, exchanges and gifts, and need sections 54, 58, 59, 105, 107, 118 and 123 as the statute words them Civil-side Litigators—who plead section 52 on transfers pending suit, section 53 on fraudulent transfers and section 53A on part performance, and need the 2001 omission from section 53A shown where it falls Banking and Security Counsel—who work through Chapter IV: the six kinds of mortgage in section 58, redemption under sections 60 to 66, foreclosure and sale under sections 67 to 77, priority, marshalling, contribution and charges Landlord and Tenant Practitioners—who need section 105 on what a lease is, section 106 as substituted in 2002, section 108 on the rights and liabilities of lessor and lessee, and sections 111 to 116 on determination, forfeiture and holding over Law Students—who need the sections behind the doctrine names: part performance at section 53A, transfer by ostensible owner at section 41, election at section 35 and the rule against perpetuity at section 14 The Present Publication is the 2026 Edition, carrying the amended and updated text of the Transfer of Property Act 1882, published in Taxmann's Bare Act without Comments series for the AIBE, with the following noteworthy features: [Permitted Form] Printed without notes, comments, annotations or commentary, in the form the Bar Council of India permits candidates to carry into the examination hall [Complete Act] The Preamble, all eight Chapters and all 148 sections, 137 numbered and 11 lettered, together with the Schedule of repeals [Part Performance as Amended] Section 53A with the words the Registration and Other Related Laws (Amendment) Act 2001 removed shown as [*] and footnoted to the Act and the date, 24th September 2001 [Omissions Kept in Place] Thirteen sections stand as bracketed entries naming the Transfer of Property (Amendment) Act 1929, the Code of Civil Procedure 1908 or the Marine Insurance Act 1963, eight of them keeping the marginal heading that stood above [Registration Thresholds Where They Fall] One hundred rupees for a sale of tangible immovable property under section 54 and for a mortgage under section 59, year to year, a term exceeding one year or a yearly rent for a lease under section 107, and a registered attested instrument for a gift under section 123 [The Extension Record] A single footnote tracing where and when the Act was applied, from the presidency of Bombay on 1st January 1893 to Jammu and Kashmir and Ladakh on 31st October 2019 [The Schedule in Full] Fifteen repeal entries in three parts, four English statutes, eight Acts of the Governor General in Council and three Regulations, with the extent of each repeal [Section-wise Contents] Seven pages listing every section entry and the Schedule by number, marginal heading and page, under its Chapter and cross-heading [Running Heads] A section or Schedule number in the running head on 49 of the 50 pages, so a reference given as a section number is found by turning rather than by reading The structure of the book is as follows: The volume opens with a seven-page section-wise contents, then the long title, the Preamble and the Act Chapter I is Preliminary, sections 1 to 4, and ends with the section that ties this Act to the Indian Contract Act 1872 and the Indian Registration Act 1908 Chapter II is Of Transfers of Property by Act of Parties, sections 5 to 53A, fifty sections and the longest run of live sections in the book Chapter II divides at section 38 into (A) Transfer of Property, whether movable or immovable and (B) Transfer of Immovable Property, with Election and Apportionment as cross-headings inside part (A) Chapter III is Of Sales of Immovable Property, sections 54 to 57 Chapter IV is Of Mortgages of Immovable Property and Charges, sections 58 to 104, carrying 12 cross-headings from the rights of the mortgagor through to notice and tender Chapter V is Of Leases of Immovable Property, sections 105 to 117 Chapters VI, VII and VIII are Of Exchanges, Of Gifts and Of Transfers of Actionable Claims, sections 118 to 137 Sections run under their marginal headings, with substituted and inserted matter set in square brackets and keyed to the footnote that records it, and omitted words shown as [*] The eleven lettered sections are 53A, 59A, 60A, 60B, 63A, 65A, 67A, 69A, 114A, 130A and 135A, seven of them in Chapter IV Footnotes sit at the foot of the page in one numbered run, on eleven of the fifty pages The Schedule, in three parts, closes the text on printed page 50 Read more

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