Sections 8 and 9 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 8 says what passes to a buyer or other transferee along with the property itself. Section 9 says a transfer can be made without writing wherever the law does not expressly require a writing. This article reads both as per the text of the Act consulted.
Unless a different intention is expressed or necessarily implied, a transfer passes forthwith to the transferee all the interest the transferor is then capable of passing, together with its legal incidents. For land that includes annexed easements, rents and profits accruing after the transfer, and things attached to the earth; for a house, easements, rent accruing after the transfer, and locks, keys, bars, doors, windows and other things provided for permanent use; for a debt, the securities (but not arrears of interest accrued before the transfer); for money or income-yielding property, the interest or income accruing after the transfer takes effect. Under section 9, a transfer may be made without writing in every case where a writing is not expressly required by law.
Section 8: what moves with the property
Section 8 begins with a default rule: "Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof."
Three points come out of that sentence:
- "Forthwith": the transfer operates at once, subject to what the parties say.
- "Which the transferor is then capable of passing": the buyer gets what the seller actually has and can pass, no more. That is why checking the seller's title matters.
- "Unless a different intention is expressed or necessarily implied": the parties can agree otherwise. Because the default is clear, a seller who wants to keep, say, the fixed cupboards should say so in the document.
If you are drafting the property description and the list of what is included or excluded, agreement drafting support helps you write it in a way that matches section 8.
The incidents listed in section 8
The section then lists "such incidents" by type of property.
| Type of property | Legal incidents that pass |
|---|---|
| Land | The easements annexed to it; the rents and profits accruing after the transfer; and all things attached to the earth |
| Machinery attached to the earth | The movable parts of the machinery |
| A house | The easements annexed; the rent accruing after the transfer; and the locks, keys, bars, doors, windows and all other things provided for permanent use with the house |
| A debt or other actionable claim | The securities for it (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer |
| Money or other property yielding income | The interest or income accruing after the transfer takes effect |
Land
The easements annexed to land pass with it. See our guide on easements under the Transfer of Property Act. Rents and profits that accrue after the transfer go to the transferee, which is a useful rule for a rented plot. Things attached to the earth also pass, and section 3 explains that phrase; see our article on section 3, immovable property, instrument and attached to the earth.
Machinery attached to the earth
Where the property is machinery attached to the earth, the movable parts pass with it. A plant bolted to the factory floor is transferred together with its movable parts.
A house
Easements annexed to the house, rent accruing after the transfer, and "the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith" pass. Example: Pooja Bhatt sells her house to Arvind Kulkarni. The doors, windows, bars and fixed locks are things provided for permanent use with the house, so the Act treats them as passing unless the document says otherwise.
A debt or other actionable claim
On transfer of a debt, the securities for it go with it, but only to the extent they are not also securing other debts or claims that were not transferred. And arrears of interest accrued before the transfer do not pass. For the meaning of actionable claim, see our article on section 3, attested, registered and actionable claim, and for the rules on transferring such claims see our post on section 130.
Example: Sheetal Dave is owed Rs. 2,00,000 by a trader, backed by a pledge of goods that also secures another loan from Sheetal to the same trader. She transfers only the first debt to Jatin Shah. Under section 8, the security passes only as far as it is not also for the debt not transferred. Interest that had built up before the transfer stays with Sheetal unless the document says otherwise.
Money or income-yielding property
Interest or income accruing after the transfer takes effect belongs to the transferee.
Practical use of section 8
- Describe what is included. Fixtures, fittings, trees, machinery parts and rent arrears should be named so that no one has to rely on the default rule.
- State the date. Because rent, profits and income are split by the date of transfer, the date of possession and the date of the document should be recorded.
- Use the intention clause. If you want something to stay with the seller, write it down. Section 8 gives way to a different intention that is expressed or necessarily implied.
- Check seller's capacity. The buyer gets only the interest the seller can pass at the time.
Our guide to a specimen sale deed of immovable property shows how property descriptions are commonly set out. The authority of the person transferring is covered in the article on section 7, persons competent to transfer property.
Section 9: oral transfer
Section 9 is one sentence: "A transfer of property may be made without writing in every case in which a writing is not expressly required by law."
The default is that no writing is needed, unless a law expressly requires one. This Act itself requires writing in some places, for instance for a sale of tangible immovable property above the value stated in section 54, for mortgages (section 59), certain leases (section 107) and gifts of immovable property (section 123). Check each section and the registration law for the exact rule. See our post on sale of immovable property under section 54.
Example: Lata Menon hands over a movable item such as a bicycle to her nephew as a gift. Section 9 says a transfer may be made without writing in every case in which a writing is not expressly required by law. Whether any other rule applies to a gift of a movable item should be checked separately.
Section 9 does not say how to prove an oral transfer, and the text is silent on evidence. Even where writing is not required, a short written record is sensible.
Need help drafting what is included in a transfer?
A clear list of included and excluded items, with the date of transfer, avoids arguments about fittings, rent and interest. Our team can prepare or review your transfer documents through agreement drafting.
Key takeaways
- A transfer passes forthwith all the interest the transferor can then pass, with its legal incidents, unless a different intention is expressed or necessarily implied.
- For land, a house, machinery, a debt and money, section 8 lists the incidents that pass.
- Rent, profits and income accruing after the transfer go to the transferee; arrears of interest accrued before the transfer on a debt do not.
- Section 9 allows a transfer without writing wherever the law does not expressly require writing.
- Where this Act or another law requires writing or registration, that rule applies.
- Later amendments and State changes should be checked.
Read next
- Section 6: what property can and cannot be transferred
- Section 7: persons competent to transfer property
- Sections 10 to 12: conditions restraining alienation and enjoyment
- Sale of Immovable Property -- Section 54
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.