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All You Need to Know About Transfer of Property Act, 1882


Transfer of Property Act, 1882 is an important legislation dealing with property transfers between individuals. This act deals with properties that can be categorised into two parts, i.e. movable and immovable. The transfer of property act bare act can be done by transferring all the rights of ownership and possession of the immovable property in the name of another person or entity.

The Transfer of Property Act latest amendment states that the Section 5 of the Act defines the transfer as done between living persons (which includes a company or body of people) who have the authority to transfer the rights of the immovable property at a present or future date. The property law in India directly impacts the real estate sector. Hence, the transfer of immovable property governed by the 1882 act plays a crucial role in the context of real estate deals.

Essential Features of ‘Transfer of Property Act, 1882’

The act deals with six broad types of transfers of the rights available on immovable properties. Transfer of a property can be made through these instruments:

  • Sale
  • Gift
  • Mortgage
  • Exchange
  • Actionable Claim
  • Lease

Eligibility for Transfer of Immovable Property

Section 7 of the act lays down the eligibility and competence of a person concerning transferring the rights and liabilities to another living person. The Transfer of Property Act is an extension of the Indian Contract Act. So, a person eligible and competent to enter into a contract can transfer the property. It is, of course, important that the person transferring the property has exclusive rights and authority over it. No third party can claim entitlement over property or dispose of it to which they have no rights.

Rights and Liabilities of Sellers

The rights and liabilities of both buyers and sellers are enshrined under Section 55 of the Transfer of Property Act. Before the buyer, the seller is bound to disclose any material defects in the immovable property. Moreover, the seller should get the proper and original documents of the property and get the same attested and registered in the buyer’s name. Furthermore, the seller must ensure that the property is free from encumbrance. The buyer is entitled to the rents and profits or any interest on the remaining amount once the seller has offered the possession, and the buyer has to pay the remaining amount.

The buyer’s rights and liabilities are bound to pay the purchase money to the seller to tender the sale. Once the ownership has been transferred, the buyer is wholly and solely responsible for any damage caused to the property. Moreover, bear any public charges as and when applicable. In return, the buyer can enjoy exclusive amenities of the immovable properties and enjoy benefits such as rental yield from the property. As long as the buyer does not cancel the offer once accepted, the buyer is entitled to obtaining the possession of the property without any encumbrance.


This concise transfer of property act notes will help give you comprehensive and holistic insights into the key features of the act. Moreover, help understand your rights and liabilities as a buyer and seller when going for a real estate deal. You will understand how the whole home buying process works and will improve your overall home buying experience.

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