Transfer of Property Act 1882 – Chapter I – Preliminary- A interpretation clause

THE TRANSFER OF PROPERTY ACT, 1882

ACT NO. 4 OF 1882

[17th February, 1882.]

An Act to amend the law relating to the Transfer of Property by act of Parties.

Preamble.
WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; It is hereby enacted as follows

CHAPTER I
PRELIMINARY
1. Short title Commencement.
This Act may be called the Transfer of Property Act, 1882.
It shall come into force on the first day of July, 1882.
Extent.
1*[It extends2* in the first instance to the whole of India except 3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of], Bombay, Punjab and Delhi.
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1. Subs. by the A. O. 1950 for the original third paragraph.
2. The application of this Act was barred in the Naga Hills District, including the Mokokchang Sub-Division, the Dibrugarh Frontier Tract, the North Cachar Hills, the Garo Hills, the Khasia and Jaintia Hills and the Mikir Hills Tract, by notification under s. 2 of the Assam Frontier Tracts Regulation, 1880 (2 of 1880).
The Act has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2, and continued in force, with modifications, in the territory transferred to Delhi Province by the Delhi Laws Act, 1915 (7 of 1915), s. 3 and Sch. III. It has also been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941).
The Act has been extended with effect from 1st January, 1893, to the whole of the territories, other than the Scheduled Districts, under the administration of the Govt. of Bombay.
Ss. 54, 107 and 123 have been extended from 6th May, 1935, to all Municipalities in the Punjab and to all notified areas declared and notified under s. 241 of the Punjab Municipal Act, 1911 (Pun. 3 of 1911), see Punjab Gazette, Extraordinary, 1925, p. 27. Those ss. and s. 129 have been extended to certain areas in Delhi Province, see notifications No. 198/38-III, dated 30th May, 1939, Gazette of India, 1939, Pt. I, p.918, and No. 61/40-Judl., dated 16th November, 1940, Gazette of India, 1940, Pt. I, p. 1639, respectively.
The Act has been extended to Manipur by the Union Territories (Laws) Amendment Act, 1956 (68 of 1956).
It has been rep. as to Government Grants by the Government Grants Act, 1895 (15 of 1895) and rep. or modified to the extent necessary to give effect to the provisions of the Madras City Tenants Protection Act, 1921 (Mad. 3 of 1921), in the City of Madras; see s. 13 of that Act.
It has been amended in Bombay by Bombay Act 14 of 1939, and in Uttar Pradesh by Uttar Pradesh Act 24 of 1954. The Act has been extended to
(i) Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): vide Reg. 8 of 1965, s. 3 & Sch.;
(ii) Goa, Daman and Diu by Reg. 11 of 1963, s. 3 & Sch.;
(iii) Union territory of Pondicherry by Act 26 of 1968, s. 3 & Sch.;
The Act has been extended to and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965), by Re. 6 of 1963, s. 2 & Sch.I.
The Act as been amended in
(i) Bombay by Bombay Act 57 of 1954;
(ii) Uttar Pradesh by U.P. Act 14 of 1970 (57 of 1970);
(iii) Assam by Assam Act 10 of 1976.
The Act sall come into force in the State of Sikkim on 1-9-1984 vide Notification No.643(E), dated 24-8-1984, Gaz. of India, Exry., Pt.II, Sec.3 (ii).
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
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1*[But this Act or any part thereof may by notification in the Official Gazette be extended to the whole or any part of the 2*[said territories] by the State Government concerned.]
And any State Government may 4*** from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely
Sections 54, paragraphs 2 and 3, 59, 107 and 123.]
Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 6*[1908] (16 of 1908), under the power conferred by the first section of that Act or otherwise.]
Repeal of Acts
2. Saving of certain enactments, incidents, rights, liabilities, etc.-In the territories to which this Act extends for the time being the enactments specified in the schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect
(a) the provisions of any enactment not hereby expressly repealed:
(b) any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force:
(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability: or
(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction:
and nothing in the second chapter of this Act shall be deemed to affect any rule of 1*** Muhammadan 2*** law.
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1. Subs. by the A. O. 1937 for the original para.
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “said States”.
3. Subs. by Act 3 of 1885, s. 1, for the original para.
4. The words “with the previous sanction of the G. G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I. 5. Added by Act 3 of 1885, s. 2 (with retrospective effect). S. 54, paras. 2 and 3, and ss. 59, 107 and 123 extend to every cantonment-see s. 287 of the Cantonments Act, 1924 (2 of 1924).
6. Subs. by Act 20 of 1929, s. 2, for “1877”.
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Interpretation-clause
3. In this Act, unless there is something repugnant in the subject or context
immoveable property” does not include standing timber, growing crops or grass:
instrument” means a non-testamentary instrument:
3*[“attested“, in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix hismark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary:]
registered” means registered in 4*[5*[any part of the territories] to which this Act extends] under the 6*law for the time being in force regulating the registration of documents:
attached to the earth” means
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached:
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1. The word “Hindu” omitted by Act 20 of 1929, s. 3.
2. The words “or Buddhist” omitted by s. 3, ibid.
3. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. I.
4. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State” (w.e.f. 1-4-1951).
5. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “any State”.
6. See the Indian Registration Act, 1908 (16 of 1908).
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1*[“actionable claim” means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debtor beneficial interest be existent, accruing, conditional or contingent:]
2*[“a person is said to have notice” of a fact when he actually knows that fact,or when, but for willful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation I.–Where any transaction relating to immoveable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of suchinstrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein ashare or interest is being acquired, is situated:
Provided that
(1) the instrument has been registered and its registration completed in the manner prescribed by the Indian Registration Act, 1908 (16 of 1908), and the rules made there under,
(2) the instrument or memorandum has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act.
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1. Ins. by Act 2 of 1900, s. 2.
2. Subs. by Act 20 of 1929, s. 4, as amended by Act 5 of 1930, s. 2, for the original paragraph.
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Explanation II.Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof.
Explanation III.–A person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material:
Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.]
Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
The chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872).
1*[And sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 2*[1908] (16 of 1908).]

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