Transfer of Property Act Guide
Explore property-transfer concepts and provisions of the Act. Check related registration, state-law, and document requirements with an advocate.
संपत्ति अंतरण अधिनियम, 1882
The core law governing transfer of immovable property between living persons
Overview: Transfer of Property Act
The Transfer of Property Act governs how immovable property is transferred through sale, mortgage, lease, gift or exchange between living persons. It sits alongside the Registration Act, 1908 and state Stamp Acts.
This is a plain-English guide, not the statutory text. Check provisions against official legal sources, read our editorial policy, or research related judgments.
Prepare your records and choose the next resource
Useful records to organise for Transfer of Property Act. These prompts are not a mandatory filing checklist.
- Property location and copies of the agreement, deed or lease relied upon.
- Payment, possession, registration and relevant notice records.
- The applicable State law and transaction type; sale, lease and mortgage questions are distinct.
Key provisions of Transfer of Property Act
Section 5-9 — General principles
Definition of 'transfer of property'; only living persons; property must be transferable; oral vs written.
Section 54 — Sale
Sale of immovable property worth ₹100 or more must be by a registered instrument; delivery of possession alone is not enough.
Section 58 — Mortgage
Six types — simple, mortgage by conditional sale, usufructuary, English, equitable (by deposit of title deeds), anomalous.
Section 105-117 — Leases
Lease exceeding 1 year must be registered; year-to-year leases require 6 months' notice; monthly leases require 15 days' notice.
Section 122-129 — Gifts
Gift of immovable property requires a registered instrument attested by two witnesses; must be accepted during donor's lifetime.
Section 53A — Part performance
A transferee in possession under an unregistered written contract can defend possession even without a registered sale deed.
Sale deed vs Agreement to sell
An 'agreement to sell' is a promise to transfer in future — it does NOT create ownership. Only a registered 'sale deed' transfers title (Section 54). Suraj Lamp v. State of Haryana (2012) held that transfers by GPA/SA/Will are not equivalent to sale and do not confer title.
Registered vs unregistered lease
Leases exceeding 1 year, or reserving yearly rent, must be by a registered instrument (Section 107). An unregistered long lease is inadmissible in evidence (except for collateral purposes) and does not create the leasehold interest.
Who typically needs this
- Buyers and sellers of land, flats or houses
- Landlords and tenants entering into long leases
- Home-loan borrowers dealing with mortgages
- Advocates, brokers and property developers
Frequently asked questions
Does an unregistered sale agreement transfer ownership?
No. Under Section 54 read with the Registration Act, only a registered sale deed transfers ownership of immovable property worth ₹100 or more. An agreement to sell merely creates a right to seek specific performance.
Is a Power of Attorney enough to sell property?
No. Following Suraj Lamp v. State of Haryana (2012), the Supreme Court held that GPA/SA/Will transactions do not convey title. A registered sale deed is mandatory for transfer of ownership.
What is the notice period to end a lease?
Under Section 106, a lease from year-to-year is terminable by 6 months' notice; a lease from month-to-month by 15 days' notice. Notice must be in writing and served properly.
Related laws
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