Question

Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property

• A. 45
• B. 54
• C. 55
• D. 44

Hint:

For the topic of 'Sale' in the Transfer of Property Act, remember Section 54 (Definition) and Section 55 (Rights/Liabilities) as a pair. Section 54 tells you *what* a sale is, and Section 55 tells you *what happens* between the parties during a sale.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the specific section in the Transfer of Property Act, 1882, that lays down the detailed duties and rights of the seller and buyer in a transaction involving the sale of immovable property.
Step 2: Key Formula or Approach:
Let's analyze the relevant sections:
- Section 54 of the TPA defines "Sale" as a transfer of ownership in exchange for a price paid or promised. It also specifies how a sale is made (i.e., by a registered instrument).
- Section 55 of the TPA is titled "Rights and liabilities of buyer and seller." This section is a comprehensive provision that details the obligations of the seller (e.g., to disclose material defects, produce title deeds, execute a proper conveyance) and the buyer (e.g., to disclose facts that increase the value of the property, to pay the purchase-money), as well as their respective rights.
- Section 44 deals with the transfer by a co-owner.
- Section 45 deals with joint transfers for consideration.
Step 3: Detailed Explanation:
While Section 54 defines what a sale is, it is Section 55 that explicitly and elaborately discusses the reciprocal rights and duties that arise between the buyer and the seller in such a transaction, both before and after the completion of the sale.
Step 4: Final Answer:
The section that discusses the rights and liabilities of the buyer and seller is Section 55.