Transfer of Property Act, 1882
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What is Transfer of Property Act, 1882 (TPA)?
is the cornerstone statute governing transfer of immovable property inter vivos (between living persons) in India.
Explanation I?
registration of an instrument constitutes notice from the date of registration.
Explanation II?
a person is deemed to have notice of facts that his agent has notice of while acting on his behalf.
Explanation III?
actual possession is notice of the title of the person in possession.
1 — Type / Section / Possession / Personal liability / Power of sale / Foreclosure?
Type: Simple Mortgage; Section: 58(b); Possession: NOT delivered; Personal liability: YES (express); Power of sale: Only via Court; Foreclosure: NO
2 — Type / Section / Possession / Personal liability / Power of sale / Foreclosure?
Type: Mortgage by Conditional Sale; Section: 58(c); Possession: NOT delivered (usually); Personal liability: NO; Power of sale: Foreclosure only; Foreclosure: YES
3 — Type / Section / Possession / Personal liability / Power of sale / Foreclosure?
Type: Usufructuary; Section: 58(d); Possession: DELIVERED; Personal liability: NO; Power of sale: No sale, no foreclosure; Foreclosure: NO
4 — Type / Section / Possession / Personal liability / Power of sale / Foreclosure?
Type: English; Section: 58(e); Possession: Absolute transfer with proviso for re-transfer; Personal liability: YES; Power of sale: Sale possible (Sec. 69); Foreclosure: NO
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