TPA 1882 Governs:
- Transfer of immovable property
- Rights and liabilities in transfers
- Different modes of transfer
- Conditions and limitations
- Buyer and seller rights

Applies To:
- Sale of property
- Mortgage
- Lease
- Exchange
- Gift
- Actionable claims transfer

Does NOT Apply To:
- Transfer by will (succession laws)
- Inheritance (personal laws)
- Auction sales (specific rules)
- Certain Muslim property rules

Definition (Section 3):
- Land
- Benefits arising from land
- Things attached to earth
- Things permanently fastened to earth

Examples:
- Houses and buildings
- Land parcels
- Trees (rooted)
- Hereditary allowances

Movable (NOT covered by TPA):
- Furniture
- Vehicles
- Jewelry
- Cash
- Stocks and shares

Immovable (Covered by TPA):
- Land and buildings
- Growing crops
- Grass
- Things embedded in earth

Requirements:
- Must be competent to contract
- Authorized to dispose of property
- Either owner or authorized by owner

Competent Person:
- Adult (18 years or more)
- Sound mind
- Not disqualified by law

Void/Voidable Transfers:
- By minors: Generally void
- By persons of unsound mind: Void
- By insolvent: Voidable
- By unauthorized person: Invalid

Definition:
Transfer of ownership for price paid 
or promised or part-paid part-promised

Requirements:
- Must be in writing
- Registered (for ₹100+)
- Stamp duty paid
- Delivery of possession

Definition:
Transfer of interest in property to 
secure payment of money

Types:
- Simple mortgage
- Mortgage by conditional sale
- Usufructuary mortgage
- English mortgage
- Mortgage by deposit of title deeds
- Anomalous mortgage

Definition:
Transfer of right to enjoy property
for a time, for consideration

Requirements:
- Period must be certain
- Consideration (rent) agreed
- Written (for year+)
- Registered (for year+)

Definition:
When two persons mutually transfer
ownership of one thing for another

Neither thing = money
Difference may be paid in money

Definition:
Transfer of property voluntarily
without consideration

Requirements:
- Must be made voluntarily
- Accepted by donee
- Registered (for immovable)

Principle:
During pending litigation, property 
cannot be transferred to affect 
rights of parties

Effect:
- Transfer is valid
- But subject to litigation outcome
- Transferee bound by decree

Protection for Buyer Who:
- Has paid part consideration
- Has taken possession
- Has done acts in furtherance
- Under written contract

Effect:
- Seller cannot enforce right inconsistent 
  with buyer's possession
- Even without registered deed

Invalid Transfers:
- To defeat creditors
- To defeat subsequent transferee
- With intent to defraud

Can be set aside by affected party

Principle:
Transfer cannot create interest that
vests after life in being + 18 years

Purpose:
- Prevent tying up property forever
- Allow property to be freely alienable

Seller Entitled To:
- Rents and profits until sale
- Possession until payment
- Charge on property for unpaid price
- Lien on property

Buyer Entitled To:
- Clear title
- Delivery of title documents
- Delivery of possession
- All benefits from property
- Rents from date of sale

Seller Must:
- Disclose material defects
- Produce documents of title
- Answer questions truthfully
- Execute proper conveyance
- Take care of property until delivery

Buyer Must:
- Disclose facts materially increasing value
- Pay purchase money
- Bear loss if property damaged before sale completes
- Bear loss from increase in taxes

For Valid Gift:
1. Transfer must be voluntary
2. Without consideration
3. Made during donor's lifetime
4. Accepted by donee
5. For immovable: Registered

Gift with Obligations:
- Gift of property with burden
- Donee must accept burden
- Cannot cherry-pick

Example:
Gift of encumbered property

If All Property Gifted:
- Donee takes liabilities
- Up to value of property
- Like heir/legatee

Generally Not Revocable:
Once accepted, gift is complete

Exception:
- Gift may provide for revocation
- Donor can retain power
- Must be express condition

1. Simple Mortgage (Section 58b):
   - Personal obligation to pay
   - If default, sell property
   - No possession transfer

2. Mortgage by Conditional Sale (58c):
   - Ostensible sale
   - Condition: Reconvey on payment
   - No possession usually

3. Usufructuary Mortgage (58d):
   - Possession to mortgagee
   - Mortgagee takes income
   - Towards interest/principal

4. English Mortgage (58e):
   - Property transferred
   - Personal obligation
   - Reconvey on repayment

5. Equitable/Title Deed Deposit (58f):
   - Title deeds deposited
   - Intent to create security
   - In specified towns only

6. Anomalous Mortgage (58g):
   - Combination of above
   - Not fitting other categories

Equity of Redemption:
- Right to redeem at any time
- Even after redemption date
- Cannot be extinguished by contract
- Sacred right

Mortgagee Can:
- Sue for mortgage money
- Foreclosure (in some cases)
- Sale of property
- Possession (in some types)
- Appointment of receiver

Lessor Can:
- Receive rent
- Recover possession on termination
- Transfer the reversion
- Terminate on non-payment

Lessee Can:
- Peaceful possession
- Make repairs, deduct from rent
- Remove fixtures at end
- Sub-lease (unless restricted)
- Use property for purpose intended

Lease Ends By:
- Expiry of time
- Event making impossible
- Merger
- Forfeiture
- Express surrender
- Implied surrender

Valid Exchange:
- Mutual transfer of ownership
- Not money (but difference can be)
- Same parties
- Applied by sale provisions

If One Party Deprived:
- Can claim value from other
- Or return of property
- Similar to sale rights

Actionable Claim:
- Debt
- Beneficial interest in movable
- Not in possession

Transfer:
- By writing signed by transferor
- Notice not required for validity
- But notice protects against debtor paying original

Consider:
- Must be registered
- Stamp duty payable
- Acceptance required
- Generally irrevocable
- Tax implications (Section 56 IT Act)

TPA Provides Framework:
- Exchange principles
- Gift principles
- Part performance protection
- Fraud protection

Trust Creation:
- TPA governs transfer to trustee
- Registration requirements
- Stamp duty applicable

TPA Helps In:
- Understanding property rights
- Valid transfer methods
- Protection of interests
- Clear title establishment

Problems:
- Seller didn't have title
- Prior encumbrances
- Fraudulent sale
- Incomplete chain

Protection:
- Title search
- Encumbrance certificate
- Title insurance
- Due diligence

Effect:
- Cannot be used as evidence of transfer
- Part performance may protect
- Creates obligation only
- Not valid transfer

Issues:
- Property in another's name
- Prohibited under Benami Act
- Cannot claim beneficial ownership
- Property may vest in government

Before Transfer:
□ Verify title of transferor
□ Check encumbrances
□ Ensure competency
□ Draft proper document
□ Calculate stamp duty
□ Arrange registration

During Transfer:
□ Execute deed properly
□ Pay stamp duty
□ Register document
□ Obtain possession
□ Collect title documents

After Transfer:
□ Mutation in records
□ Update tax records
□ Update utilities
□ Store documents safely