TPA Section 109: Rights of lessor's transferee
Transfer of Property Act, 1882 · Chapter 5: Leases of immovable property
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109. Rights of lessor’s transferee.—If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him: Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee. The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.
Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 105. Lease defined
- 106. Duration of certain leases in absence of written contract or local usage
- 107. Leases how made
- 108. Rights and liabilities of lessor and lessee
- 110. Exclusion of day on which term commences
- 111. Determination of lease
- 112. Waiver of forfeiture
- 113. Waiver of notice to quit
- 114. Relief against forfeiture for non-payment of rent
- 114A. Relief against forfeiture in certain other cases
- 115. Effect of surrender and forfeiture on underleases
- 116. Effect of holding over
- 117. Exemption of leases for agricultural purposes