Indian Bare Acts

THE TRANSFER OF PROPERTY ACT, 1882

Title : THE TRANSFER OF PROPERTY ACT, 1882

Year : 1882



When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an "exchange".

A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.



If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transference from him without consideration.

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1 Subs. by Act 20 of 1929, s. 59, for the original section.

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Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes.



On an exchange of money, each party thereby warrants the genuineness of the money given by him.
Last updated on May, 2016

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