Last Updated: May 2026
The Transfer of Property Act 1882 (TPA) is a foundational property-law statute and a perennial favourite of PCS-J examiners. It governs inter vivos transfers of immovable property between living persons, distinguishing five principal forms — sale, mortgage, lease, exchange and gift. For Judiciary 2027 aspirants, the TPA is high-yield because most state syllabi devote 8–12 marks to it in Mains and 5–8 questions in Prelims.
Quick Reference Table — Five Forms of Transfer
| Type | Defining Section | Mode of Effecting |
|---|---|---|
| Sale | Section 54 | Registered instrument; property > ₹100 must be by registered deed |
| Mortgage | Section 58 | Registered deed for principal > ₹100 (except mortgage by deposit of title deeds) |
| Lease | Section 105 | Registered deed if > 1 year; otherwise oral + delivery of possession |
| Exchange | Section 118 | Same as sale — registered deed |
| Gift | Section 122 | Registered instrument signed by donor; attested by 2 witnesses |
Doctrines to Memorise
- Doctrine of Election (Section 35) — A person taking benefit under an instrument must elect either to take the benefit or to oppose it. He cannot do both.
- Doctrine of Lis Pendens (Section 52) — During the pendency of a suit relating to immovable property, no party can transfer the property to the prejudice of the opposite party.
- Doctrine of Part Performance (Section 53A) — A transferee who has taken possession in part performance of a contract for transfer can defend his possession even if the deed was not registered. Suraj Lamp & Industries v. State of Haryana (2012) tightened this — only registered deeds vest title.
- Doctrine of Feeding the Grant by Estoppel (Section 43) — If a person fraudulently represents himself as having authority to transfer property he does not own, and later acquires it, the prior transferee can claim title.
- Rule against Perpetuity (Section 14) — Vesting cannot be postponed beyond the lifetime of one or more persons living + minority of an unborn person.
Six Types of Mortgage — Section 58
- Simple mortgage — borrower binds himself personally; mortgagee has right to sell on default through court
- Mortgage by conditional sale — ostensible sale subject to condition that on payment, sale shall be void
- Usufructuary mortgage — possession delivered; mortgagee receives rents/profits
- English mortgage — absolute transfer with covenant to retransfer on payment by fixed date
- Mortgage by deposit of title deeds (equitable mortgage) — only in notified cities (Bombay, Calcutta, Madras and others)
- Anomalous mortgage — any combination not falling in the above five
Sale — The Five Essentials of Section 54
- Parties — competent transferor and transferee
- Subject matter — transferable immovable property
- Money consideration — paid or promised
- Conveyance — transfer of ownership; mode by registered instrument when value > ₹100
- Possession — actual or constructive delivery
Lease — Lessor’s and Lessee’s Rights & Liabilities
Section 108 lists the rights and liabilities. Lessor must disclose material defects, give possession, and warrant peaceful enjoyment. Lessee must pay rent, prevent waste, restore at end of term. Distinguish lease from licence: lease creates an interest in property; licence is a personal permission.
Gift — Section 122 to 129
A gift is voluntary transfer without consideration. Required: registered instrument signed by donor and attested by two witnesses. A gift can be revoked only on grounds in Section 126 — agreement, mutual contingent event, or undue influence/fraud. Onerous gift (Section 127) — accepting one part of a gift binds donee to the burdens.
Twenty-Five Practice MCQs — Transfer of Property Act
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Frequently Asked Questions
What is the doctrine of part performance?
Section 53A allows a transferee in possession under an unregistered contract to resist eviction by the transferor. The 2001 amendment requires the contract to be in writing, signed by transferor, and the transferee to have performed his part.
What is the rule against perpetuity?
Section 14 — a transfer cannot delay vesting beyond the life of one or more living persons plus the minority (18 years) of a person not in existence at the date of transfer.
Can immovable property worth more than ₹100 be transferred orally?
No. Sale, mortgage, gift and exchange of immovable property worth ₹100 or more must be by registered instrument under TPA read with the Registration Act 1908. Lease > 1 year also requires registration.
What is doctrine of lis pendens?
Section 52 — during the pendency of a suit affecting rights to immovable property, no party may transfer the property to the prejudice of the opposite party. Any such transfer is subject to the eventual decree.
Continue Your Judiciary 2027 Prep
- BNSS 2023 FIR and Investigation Procedures
- BSA 2023 Notes for Judiciary Exam
- Judiciary Gurukul Courses
- Judiciary Mock Test
Bottom line: Memorise the five forms of transfer (Section 54, 58, 105, 118, 122), six types of mortgage, and five doctrines. The TPA is a 12-mark guarantee in Mains and a 5–8 question contributor in Prelims for any state PCS-J 2027.
