TABLE OF CONTENT

    Key Takeaways

    • The Transfer of Property Act, 1882, sets clear rules for the sale, gift, lease, exchange, and mortgage of property in India.
    • It defines who can transfer property, what can be transferred, and conditions like registration and competency to contract.
    • Mortgages under Section 58 fall into six types; each offers different rights, from simple mortgages to equitable (deed of deposit) arrangements.

    Property ownership plays a major role in shaping financial stability in India. Whether someone is buying a home, gifting land, leasing a shop, or creating a mortgage, each transaction must follow certain rules. These rules are derived from the very important law known as the Transfer of Property Act, 1882.

    If you are wondering what is Transfer of Property Act, then this Act lays down how property can be transferred from one person to another during their lifetime. It sets the rights, duties, and limits for both the person transferring the property and the person receiving it. Understanding this law helps buyers, sellers, and even family members avoid disputes and make safe decisions when dealing with property.

    Historical Background of the Transfer of Property Act

    The historical background of the Act lies in the colonial need to codify property law for a diverse country where transfers were previously governed by regional customs, Hindu and Muslim personal laws, and equitable principles imported from England.

    Before 1882, courts often relied on English real property law or their own notions of justice, leading to inconsistent and confusing judgments. To address this, the British legislature introduced the Transfer of Property Act, which came into effect on 1 July 1882, providing a comprehensive framework for the transfer of both movable and immovable property, though its primary focus was on immovable property.

    The Act codified property owners' rights to transfer ownership by sale, mortgage, lease, gift, or exchange, thereby standardising transactions across India. It was also designed to complement existing laws, such as the Indian Contract Act, 1872, and the Indian Easements Act, 1882, ensuring coherence in civil law.

    Types of Property Transferable Under the Transfer of Property Act in India

    Here are the sections that define the types of property transferable under the Transfer of Property Act.

    Sale (Section 54)

    A sale is the transfer of ownership of immovable property in exchange for a price paid or promised. For tangible immovable property valued at ₹100 or more, the law mandates execution through a registered instrument.

    Delivery of possession alone is insufficient for immovable property, though oral transfer is valid for property below ₹100. The section distinguishes between a contract for sale (which creates a right to obtain ownership but does not itself transfer property) and a sale deed (which transfers ownership).

    Lease (Sections 105–117)

    A lease is the transfer of a right to enjoy immovable property for a specified time, in consideration of rent or a premium. Section 105 clarifies that ownership is not transferred; only the right of enjoyment is conveyed. Leases exceeding one year must be executed by a registered instrument.

    The Act also codifies rights and liabilities of lessor and lessee, including repair obligations, rent payment, and eviction grounds. Importantly, leases can be perpetual or fixed-term, and oral leases are valid only for periods of less than one year.

    Exchange (Section 118)

    An exchange occurs when two persons mutually transfer ownership of one property for another, without monetary consideration. It applies to both movable and immovable property. Section 118 requires that if immovable property worth more than ₹100 is exchanged, the transaction must be executed through a registered instrument.

    Exchanges are distinct from sales because consideration is property rather than money. For example, swapping agricultural land for residential land constitutes an exchange.

    Gift (Sections 122–129)

    A gift is the voluntary transfer of property without consideration, made by one person (the donor) to another (the donee), and it must be accepted during the donor’s lifetime.

    For immovable property, Section 123 states that the gift must be executed by a registered instrument signed by the donor and attested by two witnesses, whereas movable property may be gifted by delivery alone.

    Section 126 permits revocation only under specific, mutually agreed conditions. Because of these clear rules, gifts are commonly used for family settlements, charitable purposes, and religious endowments.

    Note: Mortgage, mentioned under Sections 58–104, is another mode of transfer, which we have covered in detail below.

    Understanding Section 58 of the Transfer of Property Act in India

    Section 58 of the Transfer of Property Act, 1882, defines the concept of a ‘mortgage’ in Indian property law. As per the provisions, a mortgage is the transfer of an interest in specific immovable property for securing:

    • Payment of money advanced or to be advanced by way of a loan.
    • An existing or future debt.
    • Performance of an engagement that may give rise to pecuniary liability.

    The person transferring the interest is called the mortgagor, and the transferee is the mortgagee. The principal money and interest secured are collectively termed the mortgage money, and the instrument by which the transfer is effected is the mortgage deed.

    Also Read: What Is Gift Deed: Registration and Documents Required

    Types of Mortgage Under Section 58 of the Transfer of Property Act

    Section 58 classifies the mortgage into the following six types:

    Simple Mortgage

    Under Section 58(b), a simple mortgage occurs when the borrower personally promises to repay the loan. The property is used as security, but possession is not given to the lender. If the borrower fails to pay, the lender can approach the court and seek permission to sell the property to recover the loan amount.

    Mortgage by Conditional Sale

    Under Section 58(c), this type appears to be a sale but is actually given as security for a loan. The property is treated as sold only if the borrower fails to repay. If the borrower pays on time, the arrangement becomes void and the property remains with them. Courts often examine such cases closely to ensure it is not mistaken for a real sale.

    Usufructuary Mortgage

    As per Section 58(d), the lender receives possession of the property. Instead of the borrower paying interest or instalments, the lender collects rent or profits from the property. These earnings are applied to the loan or interest until repayment is complete. The borrower does not need to pay separately during this period.

    English Mortgage

    In an English mortgage, outlined in Section 58(e), the borrower promises to repay the loan on a fixed date. The property is fully transferred to the lender as security. Once the borrower repays in full, the lender transfers the property back. It gives the lender stronger security because the transfer is absolute till repayment.

    Mortgage by Deposit of Title Deeds (Equitable Mortgage)

    Under Section 58(f), this mortgage is created simply by handing over the property’s original title deeds to the lender with the intention to use them as security. No formal registration is needed. It is widely used in major cities such as Mumbai, Kolkata and Chennai because it is quicker and more convenient.

    Anomalous Mortgage

    An anomalous mortgage under Section 58(f) is any mortgage that does not clearly fit into the recognised categories. It may mix features of two or more mortgage types. The terms depend mainly on the agreement between the borrower and the lender, giving both parties flexibility.

    Also Read: Section 56 of Income Tax Act, 1961: Impact, Exemptions, and More

    Eligibility to Transfer Property

    Under the Transfer of Property Act, 1882, eligibility to transfer property is primarily governed by Section 7, but other provisions, such as Sections 5, 6, 8, 13, and 14, also define who can transfer, what can be transferred, and under what conditions. Below is a detailed breakdown:

    Section 5: Definition of Transfer of Property

    Section 5 defines a transfer as an act by which a living person conveys property to one or more living persons. Eligibility here requires that the transferor be a living person, including individuals, companies, associations, or bodies of individuals.

    Section 6: What May Be Transferred

    Section 6 states that property of any kind may be transferred unless specifically prohibited. For example, mere right to sue, public offices, pensions, and stipends cannot be transferred. Hence, eligibility depends not only on the transferor but also on whether the property itself is transferable under law.

    Section 7: Persons Competent to Transfer

    Section 7 explains who can legally transfer property. It states that a person must be competent to contract, meaning they should be of legal age, of sound mind, and not disqualified by law. They must also own the property or have the authority to transfer it.

    Section 8: Operation of Transfer

    Section 8 provides that unless a different intention is expressed, a transfer passes all interests the transferor is capable of passing. This means the transferor must have full ownership of, or limited rights to, the property being transferred. For example, a life estate holder can transfer rights only for their lifetime. Eligibility here is tied to the extent of interest held.

    Section 13: Transfer for the Benefit of an Unborn Person

    Section 13 allows property to be transferred for the benefit of an unborn person, but only through a prior interest created for a living person. The unborn person must come into existence before the interest vests. Here, eligibility is indirect. That means the transferor must structure the transfer legally so that the unborn beneficiary acquires rights upon birth.

    Section 14: Rule Against Perpetuity

    Section 14 prohibits transfers that create interests to take effect beyond the lifetime of one or more persons living at the date of transfer, plus the minority of an unborn beneficiary. This ensures that the property remains transferable and does not get locked indefinitely.

    Rights and Liabilities of Parties Involved in Property Transfers

    When transferring a property, both buyers and sellers must be aware of their rights and liabilities outlined under the Transfer of Property Act.

    Section 55(1)(a)

    As per this section, the seller must disclose to the buyer any material defect in the property or in the title that the buyer could not discover with ordinary care. This liability is crucial because the concealment of defects constitutes fraud under contract law.

    Section 55(1)(b)

    As per this section, the seller is bound to produce all title deeds in his possession for the buyer’s inspection. This ensures transparency and allows the buyer to verify ownership and encumbrances. The liability extends to providing certified copies if originals are unavailable.

    Section 55(1)(c)

    The seller must truthfully answer all relevant questions the buyer asks regarding the property or title. Misrepresentation or false answers can amount to fraud, giving the buyer grounds to rescind the contract.

    Section 55(1)(d)

    The seller must execute a proper conveyance deed when the buyer tenders the purchase money. Execution must comply with statutory requirements under the Registration Act, 1908. A defective deed may render the transfer void or voidable. The seller cannot delay execution once consideration is paid.

    Section 55(1)(e)

    Until ownership passes to the buyer, the seller must take reasonable care of the property and title documents. This liability prevents deterioration or damage before transfer. For example, if the property is agricultural land, the seller must maintain it until possession is delivered.

    Section 55(1)(f)

    The seller must deliver possession of the property to the buyer upon completion of the sale. Delivery may be actual or constructive, depending on the nature of the property. For immovable property, handing over keys or symbolic possession may suffice.

    Section 55(1)(g)

    The seller must pay all public charges, rents, and encumbrances due on the property up to the date of sale. This liability ensures that the buyer receives property free from arrears or liabilities. Courts have held that failure to discharge outgoings entitles the buyer to deduct those amounts from the purchase price or to claim damages.

    Section 55(2)(a)

    The buyer must disclose to the seller any fact about the property that materially increases its value and is unknown to the seller. This liability prevents unjust enrichment. For instance, if the buyer knows of a planned government project that will enhance property value, disclosure is mandatory.

    Section 55(2)(b)

    The buyer must pay or tender the purchase price at the time and place agreed. This liability is fundamental, as consideration is essential for a valid transfer. Failure to pay entitles the seller to rescind the contract or sue for specific performance.

    Section 55(2)(c)

    Once ownership passes, the buyer bears the risk of loss or destruction of the property, even if possession is not delivered. For example, if the property is damaged by fire after transfer, the buyer cannot claim compensation from the seller.

    Section 55(2)(d)

    After ownership passes, the buyer must pay all public charges, rents, and encumbrances accruing on the property to ensure continuity of obligations.

    Section 55(3)

    The buyer is entitled to receive all title documents relating to the property once the sale is completed. If the property is part of a larger estate, the buyer can demand copies at his expense.

    Section 55(4)(a)

    The buyer has the right to possession of the property upon completion of the sale. This right complements the seller’s liability to deliver possession. Courts recognise possession as a natural incident of ownership, enforceable through specific performance if denied.

    Section 55(4)(b)

    The buyer is entitled to the rents and profits of the property from the date of ownership transfer.

    Section 55(4)(c)

    The seller has the right to retain possession of the property until the purchase price is fully paid. This lien protects the seller against default.

    Types of Interest Under the Transfer of Property Act

    Here are some common types of interest under the Transfer of Property Act:

    Vested Interest

    A vested interest under Section 19 of the Transfer of Property Act, 1882 arises when property is transferred to a person without specifying a time for it to take effect, or when it is tied to an event that is certain to happen. The transferee acquires a present right, though actual possession may be deferred.

    Importantly, vested interest is not defeated by the death of the transferee before possession; it passes to his heirs. For example, if A transfers property to B upon B attaining majority, B has a vested interest even before turning 18.

    Contingent Interest

    A contingent interest, governed by Section 21 of the Transfer of Property Act, is conditional upon the occurrence of an uncertain event. Unlike vested interest, it does not create a present right but only a possibility. If the event never occurs, the interest fails. For instance, if A transfers property to B, provided B marries C, B’s interest is contingent until the marriage occurs. Once the condition is met, the contingent interest vests.

    Absolute Interest

    An absolute interest arises when property is transferred with full ownership rights, free from restrictions. Section 11 of the Transfer of Property Act, 1882, makes void any condition that restrains the transferee’s right to alienate or enjoy the property absolutely. Thus, once property is transferred absolutely, the transferee can sell, mortgage, lease, or gift it without interference. For example, if A transfers land to B with a condition that B cannot sell it, such a condition is void, and B holds an absolute interest.,

    Life Interest

    A life interest refers to ownership rights limited to the lifetime of the transferee. The holder enjoys possession, income, and use of the property but cannot transfer absolute ownership. Upon the transferee’s death, the property reverts to the transferor or passes to another beneficiary. Life interests are often created in settlement deeds or gifts, where the donor reserves rights during their lifetime.

    Future Interest

    A future interest is created when the enjoyment of property is postponed until the termination of a prior interest. It is often linked to doctrines such as the Rule Against Perpetuities, which prevents indefinite restrictions on property transfers. Future interests include remainders and reversions, where ownership rights arise only after the expiry of a life interest or another limited estate. For example, if A transfers property to B for life and then to C, C holds a future interest.

    Doctrine of Transfer Under the Transfer of Property Act

    The Transfer of Property Act sets key doctrines that guide how property is transferred in India:

    Doctrine of Notice (Section 3)

    The Doctrine of Notice ensures that a transferee cannot claim ignorance of prior rights or encumbrances if reasonable diligence would have revealed them. Notice can be actual, constructive, or imputed. Constructive notice arises when circumstances require inquiry, such as when possession is held by someone other than the transferor. Imputed notice applies when an agent knows facts binding the principal.

    Doctrine of Lis Pendens (Section 52)

    The Doctrine of Lis Pendens prevents parties from transferring property during litigation that directly concerns ownership or rights in that property. The rationale is to avoid multiplicity of suits and protect the integrity of judicial proceedings. Any transfer made during the pendency of litigation is not void but remains subject to the outcome of the case.

    Doctrine of Part Performance (Section 53A)

    The Doctrine of Part Performance protects transferees who have acted upon a contract for the transfer of immovable property even if the formal transfer deed is incomplete. If the transferee has taken possession and fulfilled obligations under the contract, the transferor is barred from enforcing rights inconsistent with the contract. However, the transferee cannot claim ownership until registration is complete.

    Doctrine of Election (Section 35)

    The Doctrine of Election arises when a property owner confers benefits under a transfer but simultaneously disposes of property not belonging to them. The beneficiary must elect either to accept the benefit and validate the transfer or reject it. For example, if A transfers property belonging to B but also gives B another benefit, B must choose between accepting the benefit and validating the transfer or rejecting both.

    Doctrine of Feeding the Grant by Estoppel (Section 43)

    This doctrine applies when a transferor conveys property without having ownership but later acquires title. The transferee can claim the benefit of the title once the transferor acquires it. For instance, if X sells land he does not own but later inherits it, the transferee can enforce the transfer.

    Doctrine of Fraudulent Transfer (Section 53)

    The Doctrine of Fraudulent Transfer invalidates transfers made with the intent to defeat or delay creditors. Such transfers are voidable at the option of the creditor. The doctrine ensures that debtors cannot escape liability by dishonestly alienating property. Transfers made without consideration or to close relatives often attract scrutiny under this provision.

    Doctrine of Priority (Section 48)

    The Doctrine of Priority governs situations where multiple rights are created over the same property. It establishes that earlier transfers take precedence over later ones unless otherwise agreed. For example, if a property is mortgaged twice, the first mortgagee has priority over the second.

    Recent Rulings Associated With the Transfer of Property

    Here are some recent rulings by the Indian judiciary related to property transfer:

    1. Supreme Court on Agreement to Sell, GPA, and Will (Ramesh Chand v. Suresh Chand, 2025)

    In Ramesh Chand v. Suresh Chand (September 2025), the Supreme Court clarified that instruments like an agreement to sell, a general power of attorney (GPA), or even a registered will cannot independently transfer ownership of immovable property. This ruling builds upon the earlier Suraj Lamp & Industries precedent but goes further by emphasising that even a registered will, if surrounded by suspicious circumstances, cannot establish title unless duly proved under the Indian Evidence Act.

    2. Registration Cannot Depend on Mutation Records (Samiullah v. State of Bihar, 2025)

    In Samiullah v. State of Bihar (November 2025), the Supreme Court struck down Bihar’s rule that required proof of mutation (jamabandi) before registering property transactions. The Court held that such a requirement was ultra vires the Registration Act, 1908 and inconsistent with the TPA, as mutation is merely a fiscal record and not proof of ownership.

    3. Interpretation of Section 53A – Part Performance (Giriyappa v. Kamalamma, 2024)

    In Giriyappa v. Kamalamma (December 2024), the Supreme Court revisited Section 53A of the TPA, which protects transferees in possession under part performance of a contract. The Court clarified that while Section 53A relaxes the strict requirements of registration, it must be strictly construed as an exception. The transferee can defend possession if they have acted upon the contract, but they cannot claim ownership without a registered deed.

    4. Digital Transformation and Blockchain-Based Titling (Policy Reform Linked to TPA, 2025)

    Although not a direct amendment to the TPA, the Supreme Court in Samiullah v. State of Bihar urged the government to adopt blockchain-based land records and conclusive titling mechanisms. This recommendation has significant implications for the TPA, as it would modernise the recognition of ownership and transfer. Blockchain ensures tamper-proof records, reducing disputes over fraudulent transfers, double sales, or forged deeds. If implemented, this reform would align the TPA with global best practices in property law.

    Rights, Rules, Remedies

    The Transfer of Property Act, 1882, provides a clear legal framework governing the transfer of property between living persons. It defines who may transfer and receive property, sets out forms such as sale, gift, lease, exchange and various mortgages, and fixes the rights and duties of buyers and sellers. Key doctrines — notice, lis pendens, part performance and rule against perpetuity — protect parties and prevent misuse.

    By requiring registration, disclosure of title and proper conveyance, the Act reduces fraud and uncertainty in transactions and guides fair outcomes in everyday property matters. Though rooted in colonial-era law, its provisions remain central to modern property dealings, offering certainty for individuals, lenders and courts when resolving disputes.

    Also Read: Property Ownership: Meaning, Types, Regulation and Laws

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    FAQS – FREQUENTLY ASKED QUESTIONS

    • What is the Transfer of Property Act, 1882?

      The Transfer of Property Act, 1882, governs the transfer of immovable property in India. It defines how property can be legally transferred between living persons, covering sale, mortgage, lease, gift, and exchange. It supplements the Indian Contract Act and Registration Act, ensuring clarity and enforceability.

    • Who can transfer property under the Act?

      Any person competent to contract, i.e., of sound mind, not disqualified by law, and holding transferable rights, can transfer property. Minors or insolvents cannot transfer property independently. Competence ensures that ownership rights are legally valid and enforceable.

    • What types of property can be transferred?

      The Act allows transfer of both movable and immovable property, provided it is legally transferable. Properties restricted by law, such as future maintenance rights or public offices, cannot be transferred. Immovable property includes land, buildings, and rights attached to land.

    • Is oral transfer valid under the Act?

      Yes, oral transfers are valid if not expressly required to be in writing. However, transactions like the sale of immovable property above ₹100, leases beyond one year, and mortgages must be registered in writing under the Registration Act, 1908.

    • What is the rule against perpetuity?

      The rule against perpetuity prevents property from being tied up indefinitely. Transfers cannot create interests that vest beyond the lifetime of living persons plus the minority of an unborn beneficiary. This ensures free circulation of property rights.

    • Can property be transferred to unborn persons?

      Yes, property can be transferred for the benefit of unborn persons, but only through a trust. The interest must vest after the birth, and prior interest must exist until then. Direct transfers to unborn persons are invalid.

    • What are the conditions restraining alienation?

      Any condition that absolutely restrains a transferee from transferring property is void. Partial restrictions, however, may be valid if reasonable. This ensures the property remains transferable and prevents perpetual restrictions.

    • What is the effect of insolvency on property transfer?

      Transfers made with the intent to defraud creditors or during insolvency proceedings can be declared void. Property interests determinable on insolvency are also invalid. This protects creditors and ensures fair distribution of assets.

    • What is the difference between sale and exchange?

      A sale involves the transfer of ownership for a price paid or promised. An exchange consists of the transfer of ownership of one property for another, without monetary consideration. Both require registration if immovable property is involved.

    • How are leases governed under the Act?

      Leases of immovable property are transfers for a specific time, in exchange for rent. Leases of more than one year must be registered. The Act defines rights and liabilities of lessor and lessee, ensuring legal enforceability.

     

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    You also agree that risks associated with any investment would be entirely yours and you would not hold ABCL and/or ABC Companies or any of its employees liable for any losses that may arise on account of any investments under taken basis the use of MoneyForLife Planner.

    All investment decisions shall be taken by you in your sole discretion. You are advised to read the respective offer documents carefully for more details on risk factors, terms and conditions before making any investment decision in any scheme or products or securities or loan product. All investments in any product / fund / securities etc. will be on the basis, subject to and as per the terms and conditions of the specific product’s / fund’s / security’s offer document, key information memorandum, risk disclosure document, product or sales brochure or any other related documents which are offered by the respective issuer of such product/securities. You can use execution platform/services with any third party as deem fit and proper, and there is no compulsion to use the execution services through this Website.

    Not an Investment Advisor, Planner, Broker or Tax Advisor

    The facilities on the Website are not intended to provide any legal, tax or financial or securities related advice. You agree and understand that the Website is not and shall never be construed as a financial planner, financial intermediary, investment advisor, broker or tax advisor. The facilities are intended only to assist you in your money needs and decision-making and is broad and general in scope. Your personal financial situation is unique, and any information and advice obtained through the facilities may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your advisor or other financial advisers who are fully aware of your individual circumstances. For more details, please also refer to the Legal Disclaimers provided on the Website.

    Financial Solutions

    We may provide you with various money solutions and options which are generally available basis your investment profile or those which are generally held by persons of similar investment profile. You authorize us to use/disseminate the information to provide the Financial Solutions however it is not necessarily for you to act on it. It only serves an indicative use of information which you may execute in the manner agreed by you.

    Password Protection

    You shall not be entitled to avail the facilities without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. You are requested to please notify www.adityabirlacapital.com immediately of any unauthorized use or access of your password or Account, or any other breach of security. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

    Intellectual Property Rights

    This Website contains information, materials, including text, images, graphics, videos and sound (“Materials”), which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in these Materials are either owned by ABCL or have been licensed to Facilities Provider, ABCL / ABC Companies by the owner(s) of those rights so that it can use these Materials as part of this Website. Other than those Materials which belong to Third Parties, ABC Companies retains copyright on all Information, including text, graphics and sound and all trademarks displayed on this Website which are either owned by or licensed to by ABCL and/or used under license by ABC Companies.

    You shall not (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Materials contained in the Website. These restrictions apply in relation to all or part of the Materials on the Website; (b) copy and distribute this information on any other server or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (c) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the web site; link to this Website; without our express written consent.

    No Warranty

    Although all efforts are made to ensure that information and content provided as part of this Website is correct at the time of inclusion on the Website, however there is no guarantee to the accuracy of the Information. This Website makes no representations or warranties as to the fairness, completeness or accuracy of Information. There is no commitment to update or correct any information that appears on the Internet or on this Website. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this Website or the information is at your own risk. Neither ABCL and ABC Companies, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information, or any website linked to this Website.

    No Liability

    This Website is provided to you on an "as is" and "where-is" basis, without any warranty. ABCL, for itself and any ABC Companies and third party providing information, Materials (defined later), facilities, or content to this Website, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third party rights, with respect to the website, the information or any products or facilities to which the information refers. ABCL will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if ABCL has previously been advised of the possibility of such damages. Any access to information hosted on third party websites of billers/banks/merchants/ABC Companies etc. is not intended and shall not be treated as an offer to sell or the solicitation of an offer to buy any product/offering of these ABC Companies or third parties.

    The Facilities Provider or ABCL or ABC Companies shall have absolutely no liability in connection with the information and Material posted on this Website including any liability for damage to your computer hardware, data, information, materials, or business resulting from the information and/or Material or the lack of information and/or Material available on the Website. In no event shall ABCL or ABC Companies shall be liable for any for any special, incidental, consequential, exemplary or punitive damages for any loss, arising out of or in connection with (a) the use, misuse or the inability to use this Website; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the site; or (d) any other matter whatever nature relating to this Website.

    Further, the Facilities Provider cannot always foresee or anticipate technical or other difficulties. The facilities may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other facilities interruptions. The Website does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

    The Facilities Provider, ABCL, ABC Companies and the providers of information shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained at this Website.

    Manner of Use of Personal Information

    All Personal Information including Sensitive Personal Information provided/related to you, shall be stored/used/processed/transmitted expressly for the Purpose or facilities indicated thereon at the time of collection and in accordance with the Privacy Policy. Other than those otherwise indicated and agreed by You, this Website do not collect or store or share your Personal Information. Aditya Birla Capital is the brand and accordingly all products and facilities are provided by respective ABC Companies as applicable. Therefore, for any of these Purposes, the Website will use ABC Companies their authorized third party vendors, agents, contractors, consultants or facilities providers (individually a ‘Third Party Service Provider’ and collectively, the “Third Party Service Providers”) and to that extent you understand and authorize the Facilities Provider to share/transmit such information to Third Party Service Providers. Such sharing of information will be solely for the purpose to fulfill / complete / authenticate your specific requests/transaction execution and for providing information about any ABC Companies product or facilities or services or for data analytics or to deliver to you any administrative notices, alerts or communications relevant to your Purpose (and which may include sending promotional emails or SMS or calls or any other mode permitted under law) or to analyze the usage and improve the facilities/solutions offered or for any research or troubleshooting problems, detecting and protecting against errors or to improve features, tailor the facilities on the Website to your interests, and to get in touch with you whenever necessary.

    Except in the manner as stated in the Privacy Policy, the Website will not disclose your Personal Information with any affiliated or unaffiliated third parties,

    You may receive e-mails /communications/notifications from the Third Party Services Providers regarding facilities updates, information/promotional e-mails/SMS and/or update on new product announcements/services in such mode as permitted under law.

    Use of Website in India

    This Website is controlled and operated from India and there is no representation that the Materials/information are appropriate or will be available for use in other locations. If you use this Website from outside the India, you are entirely responsible for compliance with all applicable local laws. There is no warranty or representation that a user in one region may obtain the facilities of this website in another region.

    Information published on the Website may contain references or cross references to products, programs and facilities offered by ABC Companies/third parties that are not announced or available in your country. Such references do not imply that it is intended to announce such products, programs or facilities in your country. You may consult your local advisors for information regarding the products, programs and services that may be available to you.

    In your use of the Website, you may enter correspondence with, purchase goods and/or facilities from, or participate in promotions of advertisers or members or sponsors of the web site, including those of ABC Companies. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or facilities, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable ABC Companies and/or third parties.

    You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.

    Third party websites

    This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).

    USE of APP

    In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.

    Postings and monitoring

    The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

    Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.

    We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.

    If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com

    Use of Cookies

    You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.  

    Facilities Changes and Discontinuation

    The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.

    ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.

    Compliance with the Law

    You agree that you will not:

    • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
    • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
    • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
    • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
    • You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

    Restrictions on Commercial Use or Resale

    Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.

    No Endorsements

    All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.

    Promotional Offers

    You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

    Charges for use of Website

    There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).

    No Endorsement

    You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.

    In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.

    Electronic Communications

    These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.

    Assignment

    You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.

    Legal Disclaimers

    The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.

    The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.

    Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.

    No Solicitation

    No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.

    The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an  amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.

    Statutory Disclosure

    ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF.  Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.

    Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.

    Force Majeure

    The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

    Indemnification

    You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

    No Waiver

    The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

    Exclusive Agreement

    You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.

    Termination

    Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.

    Governing Law and Jurisdiction

    The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.

    These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

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