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Transfer of Property Act, 1882

Defines sale, mortgage, lease, gift and exchange of immovable property, and how each is made.

Act1882

Why it matters. It sets out what a sale or a lease is, and how it is made. It also contains the part-performance protection in Section 53A that the Supreme Court discussed in Suraj Lamp — protection that defends possession under a contract, but does not convert a contract into ownership.

Practical point. Read the Act together with the Registration Act and the applicable stamp law; the form and registration of the document matter as much as the agreement between the parties.