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Section 55 in the transfer of property act, 1882, 55. rights and liabilities of buyer and seller.—.

Transfer of Property Act

Home / transfer of property act, rights and liabilities of buyer and seller,  24-nov-2023.

  • Transfer of Property Act, 1882 (TOPA)

Introduction

In a sale, there is transfer of ownership in a property in exchange of price. The price can be a price paid, or promised, part-paid or part-promised. The transferor is called the seller , and the transferee is called the buyer.

Right and Liabilities of Buyer and Seller (Section 55)

  • Section 55 of the Transfer of Property Act, 1882 (TPA) . confers certain rights and liabilities on the Seller and the Buyer.
  • The rights and liabilities before the Sale.
  • The rights and liabilities after the Sale.

Seller ‘s Liabilities

Seller’s Liabilities Before Completion of Sale

  • Before completion of sale, the seller is bound to disclose to the buyer and latent material defect in the property or any defect in his own title (ownership rights).
  • If the buyer requests the seller for the title-deeds for the inspection, the seller has a duty to produce not only those documents which are in his possession but also to make arrangements for the inspectio n of those documents which are within his power.
  • The Seller’s duty is to answer all questions put by the buyer which are relevant for passing of the title.
  • The seller’s duty is to execute the conveyance. That is to say, he must effect the transfer of ownership. This is done by signing or affixing thumb –impression on the sale-deed by the seller.
  • After execution of the conveyance, the next duty of the seller is to take care of the property and the documents of title . They are to be handed over to the buyer after the sale.
  • Before completion of the sale, the seller continues to be the owner of the property. Therefore, the government dues etc. are to be paid by him . The seller's last duty before completion of the sale is to pay all the outgoings.

Seller’s Liabilities After Completion of Sale

  • On being required by the buyer, the seller has a duty to give possession of the property to buyer or to such person as he (buyer) directs . There is an implied contract to give the possession of the property to buyer.
  • In every sale, the seller impliedly undertakes a guarantee that the interest which he is transferring subsists and he has authority to transfer the same. Technically, this is known as implied covenant for title.
  • The seller has to deliver the title-deeds of the property to the purchaser after completion of the sale.
  • After sale, the title-deeds are to be passed on to the buyer as a natural consequences of the transfer of ownership.
  • The seller is liable to hand over not only those documents which are in his possession but also those which are important and within his power.

Seller’s Rights

Seller’s Right Before Completion of Sale [Section 55(4) (a)]

  • Before completion of Sale, the seller is entitled to all the rents, profits, or other beneficial interests of the property.
  • Until ownership is transferred, the seller continues to be owner and as such he has every right to enjoy the profits of the property.
  • The contract of sale does not create any proprietary interest in favour of the buyer.

Seller’s Right After Completion of Sale [Section 55(4)(b)]

  • After the completion of sale, if the price or any part of it remains unpaid, the seller acquires a lien or charges on the property.
  • The completion of sale of an immovable property does not depend on the payment of price, the price or part of it may also be paid after the sale. Therefore, under Section 55(4) (b) the seller is given a right to recover the unpaid purchase - money from out of the property . This is called as a statutory charge of the seller for unpaid price.

Buyer's Liabilities

Buyer's Liabilities Before Completion of Sale

  • The buyer is liable to disclose to the seller the facts (Kind of Property, its location etc.) which materially increases the value of property. This liability is limited to disclosure of only those facts which relate to title or interest of the buyer.
  • The completion of sale in favour of buyer, the seller has the duty of execution of deed and buyer has corresponding duty of payment of price. But, the buyer is not bound to pay the full amount before transfer of ownership.

Buyer’s Liabilities After Completion of Sale

  • If there is any loss to property subsequent to sale, it is the buyer who shall suffer that loss as owner of property. He cannot hold the seller to bear the loss unless it is proved that loss was caused by seller himself.
  • After completion of Sale, since the buyer becomes owner of the property, he is liable to pay the outgoings e.g., Government dues, rents, revenue or taxes.

Buyer's Rights

Buyer's Right Before Completion of Sale [Sec. 55(6)]

  • But if due to the fault of the buyer, the sale doesn’t execute, then the buyer doesn’t have a charge on it and can’t claim his money back.

Buyer’s Right After Completion of Sale [Section 55 (6) (a)]

  • According to Section 55 (6) (a) of the Act, the buyer is entitled to get all the rights over the property inclusive of all rents, profits, and also any other benefits over the property.
  • The buyer becomes the property owner after completion of the sale or , in other words, after the transfer of ownership, and he/she is entitled to all the benefits from the date of transfer of ownership.

Latest Law and Tax Magazine and Books.

Right and liabilities of buyer and seller in Immovable property ||Section 55 of transfer of property act 1882

Print pdf ebookright and liabilities of buyer and seller in immovable property section 55 of transfer of property act 1882 describes right and liabilities of buyer and seller. in any property transaction, buyers and sellers are subject to right and liabilities. in the absence of..., right and liabilities of buyer and seller in immovable property.

Section 55 of transfer of property act 1882 describes right and liabilities of buyer and seller.

transfer of property section 55

Liabilities of  buyer :-

According to section 55(5) of transfer of property act 1882

  • Liability to disclose facts – To disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest. In  the case of  Hazi isha V/s Daya Bhai (A.I.R 1896 mumbai 522) it has been held that it is the duty of the buyer that he should provide all information related to ownership which he is in know, to the seller. This arrangement is based on the principle of equity and relations of believe between buyer and seller.
  • Liability of payment of purchase money- To pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto.
  • Liability to bear damages – where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller.
  • Liability to pay due amount- where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due. In the case of Gangi V/s Govinda it was held that the buyer is liable to pay all the charges after sale. Due amount includes revenue, principal, interest etc.

Right of Buyer:-

According to section 55(6) of transfer of property act 1882

  • Right to get Benefits, Rents- where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof; in “Achtak V/s Parmeshwar” it was decided that the buyer is entitled to get benefits of the maintenance done by seller.
  • Right to get Interest- unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, to the extent of the seller’s interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

Liabilities of seller:-

According to section 55(1) of transfer of property act 1882

  • Liability to Reveal Fault:- to disclose to the buyer any material defect in the property 1[or in the seller’s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover; In the Case “Ganpat Ranglal V/s Mangilal Hiralal” High Court held  that the seller is not bound to disclose such faults which is really known by buyer or otherwise he is in know of the information.
  • Liability to Submit Document:- to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;
  • Liability to Submit Document as to Entitlement:- to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto; in the case of Laxmidas & Company V/s D.J. Tata it has been held by the Mumbai high court that if the seller does not answer for such questions then the contract may be rescinded by the buyer.
  • Liability to Excecute Conveyance:- on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;
  • Liability to Protect Document:- between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents.
  • Liability to Deliver up Occupation:- to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; in the case Darpan V/s Kedar Nath it has been held that if Seller does mistakes in delivering up to possession the buyer can file a suit against seller.
  • to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.

Right to Seller:-

According to section 55(4) of transfer of property act 1882

  • Right to get Rent and Profit:- to the rents and profits of the property till the ownership thereof passes to the buyer.
  • Right to get Interest on Unpaid buying money:- where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, any transferee without consideration or any transferee with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part from the date on which possession has been delivered. In “Subba Rao V/s Vasudev Shastri ” the A.P High Court decided that the seller is entitled to get interest on selling-money only when the possession of sold property is given to buyer.

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क्या किसी दुसरे पुरुष की पत्नी के साथ नाजायज रिश्ता रखना अपराध है ?

यदि कोई पुलिस अधिकारी किसी व्यक्ति को गिरफ्त्तार कर ले, तो इसकी जानकारी गिरफ्तार व्यक्ति के मित्र या रिश्तेदार को देनी चाहिए या नहीं? 

क्या एक निगम या कंपनी पर आपराधिक दायित्व का मुकदमा दर्ज हो सकता है ? 

क्या एक मजिस्ट्रेट को किसी मामले की सीबीआई जांच करवाने का आदेश देने की शक्ति है ?

टेलीफोन के द्वारा FIR दर्ज की जा सकती है या नहीं

झूठी FIR दर्ज होने पर क्या करे || झूठी FIR होने पर पुलिस कार्यवाही से कैसे बचे (CrPC Section 482)

जीरो FIR I जीरो FIR क्या होती है I ZERO FIR के बारे में साधारण जानकारी

F.I.R (प्रथम सूचना रिपोर्ट) से जुड़ी कुछ महत्वपूर्ण जानकारी

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Section 55 The Transfer of Property Act, 1882

 Section 55 The Transfer of Property Act, 1882: 

“Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made.—3Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. 1In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property.

(1) The seller is bound—

(a) to disclose to the buyer any material defect in the property 1[or in the seller’s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;

(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;

(c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;

(d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;

(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents;

(f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;

(g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.

(2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same: Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it. The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power: Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers, the buye of the lot of greatest value is entitled to such documents. But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.

(4) The seller is entitled—

(a) to the rents and profits of the property till the ownership thereof passes to the buyer;

(b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, 1[any transferee without consideration or any transferee with notice of the non-payment], for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered].

(5) The buyer is bound—

(a) to disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

(b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;

(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;

(d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.

(6) The buyer is entitled—

(a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;

(b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, 2[* * *] to the extent of the seller’s interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission. An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 55 The Transfer of Property Act, 1882: 

Videocon Properties Ltd vs Dr. Bhalchandra Laboratories & on 19 December, 2003

A.K. Lakshmipathy (D) & Ors vs Rai Saheb Pannalal H. Lahoti C.T. & on 28 October, 2009

Babu Lal vs Hazari Lal Klshori Lal & Ors on 29 January, 1982

Brij Mohan And Ors vs Smt. Sugra Begum And Ors on 19 July, 1990

Asgar S. Patel & Ors vs U.O.I. & Ors on 25 April, 2000

Saradamani Kandappan vs S. Rajalakshmi & Ors on 4 July, 2011

Haryana Financial Corporation & vs Rajesh Gupta on 15 December, 2009

Delhi Development Authority vs Skipper Construction Co.(P) Ltd.  on 17 December, 1999

Ai Champday Industries Ltd vs Official Liquidator & Anr on 19 February, 2009

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Category SideBar

  • Section 1. TPA, Short title.
  • Section 2. TPA, Repeal of Acts.
  • Section 3. TPA, Interpretation clause.
  • Section 4. TPA, Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
  • Section 54. TPA, “Sale” defined.

Section 55. TPA, Rights and liabilities of buyer and seller.

  • Section 56. TPA, Marshalling by subsequent purchaser.
  • Section 57. TPA, Provision by Court for encumbrances and sale freed therefrom.
  • Section 58. TPA, “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
  • Section 59. TPA, Mortgage when to be by assurance
  • Section 59A. TPA, References to mortgagors and mortgagees to include persons deriving title from them.
  • Section 60. TPA, Right of mortgagor to redeem.
  • Section 60A. TPA, Obligation to transfer to third party instead of re-transference to mortgagor.
  • Section 60B. TPA, Right to inspection and production of documents.
  • Section 61. TPA, Right to redeem separately or simultaneously.
  • Section 62. TPA, Right of usufructuary mortgagor to recover possession.
  • Section 63. TPA, Accession to mortgaged property.
  • Section 63A. TPA, Improvements to mortgaged property.
  • Section 64. TPA, Renewal of mortgaged lease.
  • Section 65. TPA, Implied contracts by mortgagor.
  • Section 65A. TPA, Mortgagor’s power to lease.
  • Section 66. TPA, Waste by mortgagor in possession.
  • Section 67. TPA, Right to fore-closure or sale.
  • Section 67A. TPA, Mortgagee when bound to bring one suit on several mortgages.
  • Section 68. TPA, Right to sue for mortgage-money.
  • Section 69. TPA, Power of sale when valid.
  • Section 69A. TPA, Appointment of receiver.
  • Section 70. TPA, Accession to mortgaged property.
  • Section 71. TPA, Renewal of mortgaged lease.
  • Section 72. TPA, Right of mortgagee in possession.
  • Section 73. TPA, Right to proceeds of revenue sale or compensation on acquisition.
  • Section 74. TPA, Right of subsequent mortgagee to pay off prior mortgagee.
  • Section 75. TPA, Rights of mesne mortgagee against prior and subsequent mortgagees.
  • Section 76. TPA, Liabilities of mortgagee in possession.
  • Section 77. TPA, Receipts in lieu of interest.
  • Section 78. TPA, Postponement of prior mortgagee.
  • Section 79. TPA, Mortgage to secure uncertain amount when maximum is expressed.
  • Section 80. TPA, Tacking abolished.
  • Section 81. TPA, Marshalling, securities.
  • Section 82. TPA, Contribution to mortgage-debt.
  • Section 83. TPA, Power to deposit in Court money due on mortgage.
  • Section 84. TPA, Cessation of interest.
  • Section 85. TPA, Parties to suits for foreclosure, sale and redemption.
  • Section 86 to Section 90, TPA
  • Section 92. TPA, Subrogation.
  • Section 93. TPA, Prohibition of tacking.
  • Section 94. TPA, Rights of mesne mortgagee.
  • Section 95. TPA, Right of redeeming co-mortgagor to expenses.
  • Section 96. TPA, Mortgage by deposit of title-deeds.
  • Section 98. TPA,Rights and liabilities of parties to anomalous mortgages.
  • Section 99. TPA, Attachment of mortgaged property.
  • Section 100. TPA, Charges.
  • Section 101. TPA, No merger in case of subsequent encumbrance.
  • Section 102. TPA, Service or tender on or to agent.
  • Section 103. TPA, Notice, etc., to or by person incompetent to contract.
  • Section 104. TPA, Power to make rules.
  • Section 41. TPA,Transfer by ostensible owner.
  • Section 42. TPA, Transfer by person having authority to revoke former transfer.
  • Section 43. TPA, Transfer by unauthorised person who subsequently acquires interest in property transferred.
  • Section 44. TPA, Transfer by one co-owner.
  • Section 45. TPA, Joint transfer for consideration.
  • Section 46. TPA, Transfer for consideration by persons having distinct interests.
  • Section 47. TPA, Transfer by co-owners of share in common property.
  • Section 48. TPA, Priority of rights created by transfer.
  • Section 49. TPA, Transferee’s right under policy.
  • Section 50. TPA, Rent bona fide paid to holder under defective title.
  • Section 51. TPA, Improvements made by bona fide holders under defective titles.
  • Section 52. TPA, Transfer of property pending suit relating thereto.
  • Section 53. TPA, Fraudulent transfer.
  • Section 53A. TPA Part performance.
  • Section 5. TPA, “Transfer of property” defined.
  • Section 6. TPA, What may be transferred.
  • Section 7. TPA Persons competent to transfer.
  • Section 8. TPA, Operation of transfer.
  • Section 9. TPA, Oral transfer.
  • Section 10. TPA, Condition restraining alienation.
  • Section 11. TPA, Restriction repugnant to interest created.
  • Section 12. TPA, Condition making interest determinable on insolvency or attempted alienation.
  • Section 13. TPA, Transfer for benefit of unborn person.
  • Section 14. TPA, Rule against perpetuity.
  • Section 15. TPA, Transfer to class some of whom come under sections 13 and 14.
  • Section 16. TPA, Transfer to take effect on failure of prior interest.
  • Section 17. TPA, Direction for accumulation.
  • Section 18. TPA, Transfer in perpetuity for benefit of public.
  • Section 19. TPA, Vested interest.
  • Section 20. TPA, When unborn person acquires vested interest on transfer for his benefit.
  • Section 21. TPA, Contingent interest.
  • Section 22. TPA, Transfer to members of a class who attain a particular age.
  • Section 23. TPA, Transfer contingent on happening of specified uncertain event.
  • Section 24. TPA, Transfer to such of certain persons as survive at some period not specified.
  • Section 25. TPA, Conditional transfer.
  • Section 26. TPA, Fulfilment of condition precedent.
  • Section 27. TPA, Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
  • Section 28. TPA, Ulterior transfer conditional on happening or not happening of specified event.
  • Section 29. TPA, Fulfilment of condition subsequent.
  • Section 30. TPA, Prior disposition not affected by invalidity of ulterior disposition.
  • Section 31. TPA, Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
  • Section 32. TPA, Such condition must not be invalid.
  • Section 33. TPA, Transfer conditional on performance of act, no time being specified for performance.
  • Section 34. TPA, Transfer conditional on performance of act, time being specified.
  • Section 35. TPA, Election when necessary.
  • Section 36. TPA, Apportionment of periodical payments on determination of interest of person entitled.
  • Section 37. TPA, Apportionment of benefit of obligation on severance.
  • Section 38. TPA, Transfer by person authorised only under certain circumstances to transfer.
  • Section 39. TPA, Transfer where third person is entitled to maintenance.
  • Section 40. TPA, Burden of obligation imposing restriction on use of land
  • Section 105. TPA, Lease defined.
  • Section 106. TPA, Duration of certain leases in absence of written contract or local usage.
  • Section 107. TPA, Leases how made.
  • Section 108. TPA, Rights and liabilities of lessor and lessee.
  • Section 109. TPA, Rights of lessor’s transferee.
  • Section 110. TPA, Exclusion of day on which term commences.
  • Section 111. TPA, Determination of lease.
  • Section 112. TPA, Waiver of forfeiture.
  • Section 113. TPA,Waiver of notice to quit.
  • Section 114. TPA, Relief against forfeiture for non-payment of rent.
  • Section 114A. TPA, Relief against forfeiture in certain other cases.
  • Section 115. TPA, Effect of surrender and forfeiture on under-leases.
  • Section 116. TPA, Effect of holding over.
  • Section 117. TPA, Exemption of leases for agricultural purposes.
  • Section 118. TPA, “Exchange” defined.
  • Section 119. TPA, Right of party deprived of thing received in exchange.
  • Section 120. TPA, Rights and liabilities of parties.
  • Section 121. TPA, Exchange of money.
  • Section 122. TPA, “Gift” defined.
  • Section 123. TPA, Transfer how effected.
  • Section 124. TPA, Gift of existing and future property.
  • Section 125. TPA, Gift to several of whom one does not accept.
  • Section 126. TPA, When gift may be suspended or revoked.
  • Section 127. TPA, Onerous gifts.
  • Section 128. TPA, Universal donee.
  • Section 129. TPA, Saving of donations mortis causa and Muhammadan Law.
  • Section 130. TPA, Transfer of actionable claim.
  • Section 130A. TPA, Transfer of policy of marine insurance.
  • Section 131. TPA, Notice to be in writing, signed.
  • Section 132. TPA, Liability of transferee of actionable claim.
  • Section 133. TPA, Warranty of solvency of debtor.
  • Section 134. TPA, Mortgaged debt.
  • Section 135. TPA, Assignment of rights under policy of insurance against fire.
  • Section 135A. TPA, Assignments of Rights under Policy of Marine Insurance
  • Section 136. TPA, Incapacity of officers connected with Courts of Justice.
  • Section 137. TPA, Saving of negotiable instruments, etc.
  • Central Acts and Rules
  • Property Laws
  • Transfer of Property Act, 1882
  • Chapter 3 TPA, Sales Of Immovable Property

<p>In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:<br /> (1) The seller is bound—<br /> (a) to disclose to the buyer any material defect in the property <strong><sup>1</sup></strong> or in the seller‟s title title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;<br /> (b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power;<br /> (c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;<br /> (d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;<br /> (e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession, as an owner of ordinary prudence would take of such property and documents;<br /> (f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;<br /> (g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incumbrances on the property then existing.<br /> (2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same .<br /> Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it.<br /> The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.<br /> (3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller‟s possession or power:<br /> Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers the buyers, of the lot of greatest value is entitled to such documents. But in case (a) the seller, and in case (b) the buyer of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer, of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.<br /> (4) The seller is entitled—<br /> (a) to the rents and profits of the property till the ownership thereof passes to the buyer; (b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, <strong><sup>2</sup></strong>any transferee without consideration or any transferee, with notice of the non-payment, for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part <sup>53 from the date on which possession has been delivered.<br /> (5) The buyer is bound—<br /> (a) to disclose to the seller any fact as to the nature or extent of the seller‟s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;<br /> (b) to pay or tender, at the time and place of completing the sale, the purchase -money to the seller or such person, as he directs: provided that, where the property is sold free from incumbrances, the buyer may retain out of the purchase-money the amount of any incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;<br /> (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;<br /> (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.<br /> (6) The buyer is entitled—<br /> (a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;<br /> (b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him <strong>3</strong>*** to the extent of the seller's interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.<br /> An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.</sup></p>

<hr /> <p><strong>1. Ins. by Act 20 of 1929, s. 17.<br /> 2. Ins. by Act 20 of 1929, s. 17.<br /> 3. The words “with notice of the payment” omitted by Act 20 of 1929, s. 17. </strong></p>  

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...427 in support of this contention. Accordingly, he contends that Section 55 ( 1 )( a ) of the Transfer of Property Act did not apply t.... 5. So far as the applicability of Section 55 ( 1 )( a ) of the Transfer of Property Act is concerned, the cont...Registrar. Section 55 ( 1 )( a ) of the Transfer of Property Act has, therefore, no application to the present case, 6. The altern...

.... The former gives rise to a charge, the latter does not.27. No wonder, the seller is by Section 55 ( 1 )( a ) of the Transfer of Property ... Section 55 of the Transfer of Property Act speaks of ‘Rights and Liabilities of buyer and seller’. Undoubtedly, t...owner should do. The provisions of Section 55 ( 1 ) of the Transfer of Property Act , 1882 enable the buyer, before completion of the sale transac...

...Financial Assets and Enforcement of Security Interest Act , 2002, contrary to Section 55 ( 1 )( a ) of the Transfer of Property Act , 1882, being illegal, arb.... Madhavi Rice Mill, D. No. 7-85, Kollur Road, Pedaravuru, Tenali, Guntur District, for recovery of an amount of Rs. 2,44,00,000/as Secured Debt under the Securitization and Reconstruction of ...secured asset of the 1 respondent i.e., immovable property to an extent of Ac.2.09 cents site along with RCC Building (Godown) and G.I. Sheet Roofed Rice Mill along with the Machinery situated at M/s...

...suit, the right to possession was not vested in him. He would acquire that right only on the execution of the deed of conveyance.”With reference to section 55 ( 1 )(...the Transfer of Property Act , Tyabji, J. at p. 701, observed thus:“In the absence of any express agreement to transfer possession independently of the registered conveyance...only the execution of the sale-deed as required by the Transfer of Property Act , but also putting the vendee in...

...payment of Rs. 1,000 set aside.The main ground on which the case for rescission of the conveyance is put is the duty of a seller [as laid down in section 55 ( 1 )( a ) ... section 55 ( 1 )( a ) of the Transfer of Property Act and the relevant provisions of the Indian Contract Act . Section 55 ...provisions of section 55 of the Transfer of Property Act , we consider the sections relating to fraud and misrepresentation...

...behalf by the court below, nor any finding given.6. On the first contention, the learned counsel relied upon clause ( a ) in sub- section ( 1 ) of Sec. 55 of the ...clause ( a ) in sub- section ( 1 ) of section 55 of the Transfer of Property ... Section 55 ( 1 )( a ) of the Transfer of Property Act , and held that the purchaser is bound in law to make reasonable enquiries before purchasing ...

...meaning of Section 55 clause 1 ( a ) of the Transfer of Property Act it is also alleged that the fact that the sale required sanction of...in Issue No. 4 consists of non-disclosure by the defendant with respect to certain matters which he should have disclosed under Section 55 Clause 1 of the Transfer of .... Sunder Lal on this point. It is well settled that where a buyer has the means of discovering the defects of title, there can be no breach of Section 55 Para ( 1 ) clause...

...executing two sale deeds on 8 July, 2011 and 13 July, 2011. Under such circumstances, as seller of the property , in view of Section 55 ( 1 ) ( a ) of the Transfer of ...unerringly indicates collusion between the plaintiffs and proforma-defendant no. 2 but both the Courts below failed to appreciate the provision of law as laid down under Section 55 ( 1 ) ( a ) of the... Transfer of Property Act , 1882, its infraction and consequential effect thereof.11. True it is a record of right is not a conclusive prove of possession. But this doc...

...to Sitaram, and claims damages against the vendors for breach of their covenants of title implied under Section 55 ( 1 )( a ) and (2) of the Transfer of Property ... 1 . This is a second appeal from a decision of the Assistant Judge of Dharwar. The facts giving rise to the suit are these. On 27th May 1921 defendants 1 to 3 agreed to sell five survey.... On 4th April 1923 the property was attached, and subsequently Sitaram got a decree against the defendants, and under that decree the attached property was sold by the Court in execution, and Sitaram...

...provisions of Section 55 ( 1 )( a ) of the Transfer of Property Act read with the Division Bench judgment of the Bombay High Court render...make such disclosures" on the part of the respondent would amount to a fraud under Section 55 (6) of the Transfer of Property Act and also under ...'buyer beware' requires the appellant also to take 'ordinary care' which even Section 55 (l)( a ) of Transfer of Property Act requires it to exercise while going for such ...

... Section 55 ( 1 )( a ) of the Transfer of Property Act (hereinafter referred to as ‘TP Act ’). It is submitted that the disclosures can be said to be fraudulent in vie...while exercising the powers provided under the SARFAESI Act failed to comply with Rule 8(6)( a ) and (f) of the Security Interest (Enforcement) Rules, 2002 (hereinafter referred to as Rules 2002) and... property pursuant to the order passed by the CJM, Manjeri in an application under Section 14 of the SARFAESI Act . That thereafter the plaintiff paid a total sale consideration in the month of October, 2007...

.... 7. The learned Counsel for the appellant argued, in the first place, that such a liability constituted a material defect in the property within Section 55 ( 1 )(...the Transfer of Property Act . The section runs as follows: "The seller is bound to disclose to the buyer any material defect in the property of which ... Section 3 of the Transfer of Property Act . I am not prepared to accept that argument. In the first place, I do not understand how t...

... AS.No.428/2000 5 to the property as per Section 55 ( 1 )( a ) of the ...to the respondent the material defect about the non-existence of the independent 3 'Karam' passage to the property . Therefore, the appellants/Corporation clearly acted in breach of Section 55 ( 1 )( a .../- which will carry interest at the rate of 6% per annum from the date of plaint till realisation. A charge decree in terms of Section 55 (6)(b) of the Transfer of Property Act , 1882 is not granted...

...petitioner purchased the house from Smt. Gayatri Devi she was obliged to make proper enquiry before the purchase. S”˜tion 55 ( 1 )( a ) of Transfer of Property Act , 1882 provides for ...the office of the Registrar. Section 55 ( 1 )( a ) of the Transfer of Property Act has, therefore no application to the present case.”...proposition in paragraph 5 of the judgment which is extracted below:—“(5) So far as the applicability of Sec. 55 ( 1 )( a ) of the Transfer of Property Act is ...

...offer made by him or would have sought some adjustment towards the electricity dues of TNEB.6. Section 55 ( 1 )( a ) of the Transfer of Property Act sa...then the responsibility of the intending purchaser as a prudent businessman and buyer to make relevant inquiries with respect to the property . Once the auction purchaser has purchased the property with...rejected the application made by the auction purchaser in which a prayer was sought that the DRT should pass order directing the Recovery Officer/Bank that the amount of Rs. 2,91,255/- out of Rs. 75...

... 11. As per Section 55 ( 1 ) ( a ) of the Transfer of Property Act , the seller is bound to disclose to the buyer any...taking into consideration the statement of DW- 1 - appellant No. 1 herein, the trial Court recorded that there was an admission that a sum of Rs. 55 lakhs had been received as earnest money and that the...liberty to avail appropriate civil remedy. The dispute as such was of civil nature and if the amount as such had been wrongly received, the same could be recovered. 4 of 7...

...etc, as was the case in Joseph George supra. The reliance placed by the counsel for the plaintiff on Section 6(d) and Section 55 ( 1 )( a ) of the Transfer of ...; (b) attention was next invited to Section 55 ( 1 )( a ) of the Transfer of ...: ( a ) that Section 6(d) of the Transfer of Property Act , 1882 provides that property of any kind may be transferred except as oth...

...purchasers, as required under Section 55 ( 1 )( a ), of Transfer of Property Act , 1882 (he...amount of dues of Bank to Plaintiffs- 1 and 2 though they were bound to do so, as required under Section 55 ( 1 )( a ) of T.P. Act , 1882, therefore, defendants cannot be allow...execution of contract for sale, this non disclosure by sellers cannot be said to be a violation of requirement of Section 55 ( 1 )( a ) of T.P. Act , 1882. Neither Plaintiffs-...

...statutory provisions contained in Rule 8( 1 )(f) of SARFAESI Act , 2002, as also Section 55 ( 1 )( a ) of the Transfer of Property ...the Informant dated 17.04.2013 is annexed as Annexure-5 series.8. Section 55 (5) of the Transfer of Property Act , 1882, defines about rights and liabilities of buyer. There is no...Officers for anything done or omitted to be done in good faith under this Act .”14. Section 55 (5)(c) of The Transfer of Property Act lays down that where the ownership of ...

... section 55 ( 1 )( a ) of the Transfer of Property Act to show that this was a material defect, the non-disclosure of which defect justifie... Transfer of Property Act at page 311, relying on re: Banister Bread v. Munton (1879) 12 Ch. D...which he had paid in advance as part of the purchase price. Relying on Mulla's Transfer of Property Act he submitted...

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Transfer of property act, 1882.

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w w w . L a w y e r S e r v i c e s . i n

55. Rights and liabilities of buyer and seller. —In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:—

(1) The seller is bound—

(a)     to disclose to the buyer any material defect in the property 1[or in the seller’s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;

(b)     to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;

(c)     to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;

(d)     on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;

(e)     between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents;

(f)     to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;

(g)     to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances  on  the property then existing.

(2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same:

Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it.

The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power :

Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers, the buye of the lot of greatest value is entitled to such documents.  But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.

(4) The seller is entitled—

(a)     to the rents and profits of the property till the ownership thereof passes to the buyer;

(b)     where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, 1[any transferee without consideration or any transferee with notice of the non-payment], for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part 1[from the date on which possession has been delivered].

(5) The buyer is bound—

(a)     to disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

(b)     to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;

(c)     where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;

(d)     where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.

(6) The buyer is entitled—

(a)     where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;

(b)     unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, 2[* * *] to the extent of the seller’s interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

------------------------

  1.   Ins. by Act 20 of 1929, sec. 17.

  2.   The words “with notice of the payment” omitted by Act 20 of 1929, sec. 17.

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Part 12 Miscellaneous

I1 234 transfer schemes in connection with regulations under section 233.

The Secretary of State may, in connection with regulations under section 233 (1) , make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).

A transfer scheme in connection with regulations under section 233 (1) may provide for the transfer of property, rights or liabilities to the new regulator from the Health and Safety Executive.

The things that may be transferred under a transfer scheme include—

property, rights and liabilities that could not otherwise be transferred;

property acquired, and rights and liabilities arising, after the making of the scheme;

criminal liabilities.

A transfer scheme may—

create rights, or impose liabilities, in relation to property or rights transferred;

make provision about the continuing effect of things done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the Health and Safety Executive in respect of anything transferred;

make provision for references to the Health and Safety Executive in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;

make provision for the shared ownership or use of property;

make provision which is the same as or similar to the TUPE regulations;

make other consequential, supplementary, incidental or transitional provision.

A transfer scheme may provide—

for modifications by agreement;

for modifications to have effect from the date when the original scheme came into effect.

In subsection (4)(f), “ the TUPE regulations ” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( S.I. 2006/246 ).

For the purposes of this section—

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.

For the purposes of subsection (7)(a)—

an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and

the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.

In this section “ new regulator ” has the meaning given in section 233 (1) .

  • 55 Rights and liabilities of buyer and seller

In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:

(1) The seller is bound--

(a) to disclose to the buyer any material defect in the property 1 [or in the seller's title title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;

(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power;

(c) to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto;

(d) on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place;

(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession, as an owner of ordinary prudence would take of such property and documents;

(f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;

(g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbrances on such property due on such date, and, except where the property is sold subject to incumbrances, to discharge all incumbrances on the property then existing.

(2) The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same .

Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is incumbered or whereby he is hindered from transferring it.

The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(3) Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller's possession or power:

Provided that, (a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and, (b) where the whole of such property is sold to different buyers the buyers, of the lot of greatest value is entitled to such documents. But in case (a) the seller, and in case (b) the buyer of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer, of the lot of greatest value, as the case may be, shall keep the said documents safe, uncancelled and undefaced, unless prevented from so doing by fire or other inevitable accident.

(4) The seller is entitled--

(a) to the rents and profits of the property till the ownership thereof passes to the buyer;

(b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, to a charge upon the property in the hands of the buyer, 2 [any transferee without consideration or any transferee, with notice of the non-payment], for the amount of the purchase-money, or any part thereof remaining unpaid, and for interest on such amount or part 2 [from the date on which possession has been delivered].

(5) The buyer is bound--

(a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

(b) to pay or tender, at the time and place of completing the sale, the purchase -money to the seller or such person, as he directs: provided that, where the property is sold free from incumbrances, the buyer may retain out of the purchase-money the amount of any incumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto;

(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;

(d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbrances subject to which the property is sold, and the interest thereon afterwards accruing due.

(6) The buyer is entitled--

(a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;

(b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him 3 *** to the extent of the seller's interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

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1. Ins. by Act 20 of 1929, s. 17.

2. Ins. by Act 20 of 1929, s. 17.

3. The words "with notice of the payment" omitted by Act 20 of 1929, s. 17.

  • 54 “Sale” defined
  • 56 Marshalling by subsequent purchaser

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Laser-induced acoustic pressure waves generated by irregularly shaped absorbing objects

Steven L. Jacques 1,2 , Guenther Paltauf 2,3

1 Oregon Medical Laser Center, Providence St. Vincent Medical Center, Portland, OR

2 Oregon Graduate Institute of Science and Techonology, Portland, OR

3 Institut für Experimentalphysik, Karl-Franzens-Universität Graz, Austria

Internet Poster, Saratov Fall Meeting, 2000

transfer of property section 55

Introduction

Mathematics of optoacoustics.

IMAGES

  1. Sale, section 54 and 55 of Transfer of property act,1882 संपत्ति अधिनियम, 1882

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  2. Modes of transfer of property

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  3. Sale, section 54 and 55 of Transfer of property act,1882 संपत्ति अधिनियम, 1882

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COMMENTS

  1. Section 55 in The Transfer Of Property Act, 1882

    (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

  2. Section 55 of the Transfer of Property Act, 1882

    Section 55 of the Transfer of Property Act, 1882 April 4, 2022 18729 0 This article is by Shivi Khanna, a student of the School of Law, Sushant University, Gurugram. This article examines the rights, duties, and liabilities of both, the buyer and seller in the 'sale of immovable property' under Section 55 of the Transfer of Property Act, 1882.

  3. India Code: Transfer of Property Act, 1882

    CHAPTER I PRELIMINARY CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of property, whether moveable or immoveable Election Apportionment (B) Transfer of immoveable property CHAPTER III CHAPTER V CHAPTER VI OF EXCHANGES CHAPTER VII OF GIFTS CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS Show entries Section 1. Short title .

  4. PDF THE TRANSFER OF PROPERTY ACT, 1882 ARRANGEMENT OF SECTIONS

    1. Short title. Commencement. Extent. 2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc. 3. Interpretation-clause. 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

  5. Section 55 of Transfer of Property Act, 1882: Rights and liabilities of

    IBC Laws - Section 55 of Transfer of Property Act, 1882: Rights and liabilities of buyer and seller Section 55 of Transfer of Property Act, 1882: Rights and liabilities of buyer and seller February 18, 2015 IBC Laws Editor The Transfer of Property Act, 1882 Chapter-III Of Sales of Immovable Property

  6. Rights and Liabilities of Buyer and Seller

    According to Section 55 (6) (a) of the Act, the buyer is entitled to get all the rights over the property inclusive of all rents, profits, and also any other benefits over the property. The buyer becomes the property owner after completion of the sale or , in other words, after the transfer of ownership, and he/she is entitled to all the ...

  7. Section 55 of Transfer of Property Act

    Section 55 of Transfer of Property Act - Rights and liabilities of buyer and seller Section 55 Transfer of Property Act Description

  8. PDF The Transfer of Property Act, 1882 Chapter-III Of Sales of Immovable

    The Transfer of Property Act, 1882 Chapter-III Of Sales of Immovable Property Section 55: Rights and liabilities of buyer and seller. 55. In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following,

  9. Right and liabilities of buyer and seller in Immovable property

    Liabilities of buyer :-According to section 55(5) of transfer of property act 1882. Liability to disclose facts- To disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest.

  10. Section 55 The Transfer of Property Act, 1882

    Section 55 The Transfer of Property Act, 1882: "Sale" defined.—''Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

  11. Section 55. Transfer of Property Act, Rights and liabilities of buyer

    Section 55. TPA, Rights and liabilities of buyer and seller. Next <p>In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:<br />

  12. Transfer of Property : concept and nature

    According to this section, transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and other living persons.

  13. section+55+transfer+of+property

    The provisions of Section 55 (1) of the Transfer of Property Act, 1882 enable the buyer, before completion of the sale transaction to a.... In Law, it is the "Caveat Emptor" [Purchaser Beware]. If the sale is vitiated by fraud, the buyer can sue the seller to set aside the sale and to recover the price.

  14. Section+55(1)(a)+of+transfer+of+property+act

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    The 40 percent flat GSTT is imposed on three triggering events: (1) a direct skip with no remaining GST exemption available under section 2612(c), (2) a taxable distribution from a trust with an inclusion ratio other than 0.000 under section 2612(b), and (3) a taxable termination of a trust with an inclusion ratio other than 0.000 under section ...

  16. Section 55 of the Transfer of Property Act, 1882

    55. Rights and liabilities of buyer and seller. —In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:— (1) The seller is bound—

  17. http://www.legislation.gov.uk/id/ukpga/2023/55

    The Secretary of State may, in connection with regulations under section 233, make one or more schemes for the transfer of property, rights and liabilities ("transfer schemes"). 2 A transfer scheme in connection with regulations under section 233 (1) may provide for the transfer of property, rights or liabilities to the new regulator from ...

  18. Saratov State Academy of Law

    In 1995 the Saratov Institute of Law was transformed into Saratov State Academy of Law. [1] The academy has 19 faculties and 32 departments. It has eight academic buildings, the largest scientific and legal library, postgraduate and doctoral programs, and four dissertation councils. [1] It enrolls 6,700 students, and has a staff of 590 educators.

  19. Section 55

    The Transfer of Property Act 55 Rights and liabilities of buyer and seller In the absence of a contract to the contrary, the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:

  20. PDF Documents on the Volga Germans History in the State Archive of Saratov

    Property Departments on various problems of colonies' life: on the order of giving land, financing, tax collection, transfer to another rank and confession, state of land, cattle breeding, bee-farming, silk-worm breeding, forestry, prices on lumber, bread, forage, and other goods. There is also material on appointments and transfer

  21. Saratov 2000: What is optoacoustic imaging?

    Saratov 2000: What is optoacoustic imaging? Laser-induced acoustic pressure waves generated by irregularly shaped absorbing objects. Steven L. Jacques 1,2, Guenther Paltauf 2,3. 1 Oregon Medical Laser Center, Providence St. Vincent Medical Center, Portland, OR. 2 Oregon Graduate Institute of Science and Techonology, Portland, OR.

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