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.

Answer 2

The question asks which section of the Transfer of Property Act, 1882 sets out the rights and liabilities of the buyer and seller of immovable property. Let's examine the candidate sections.

1. Section 45: This section deals with transfers made by several persons to several other persons for a single consideration, specifying how title and interest are apportioned among joint transferees; it has nothing to do with buyer-seller obligations in a sale.
2. Section 54: This section defines sale as a transfer of ownership for a price, and prescribes how a sale of tangible immovable property must be effected, for example, by registered instrument for property valued at one hundred rupees or more. It defines what a sale is but does not itself list the parties' mutual rights and duties.
3. Section 55: This section is titled Rights and liabilities of buyer and seller and comprehensively lists the seller's duties (disclosing material defects, delivering possession, producing title documents) and the buyer's duties (disclosing facts increasing the property's value, paying the price), along with their respective rights before and after completion.
4. Section 44: This section governs the effect of a transfer by one co-owner of their share in joint property; it does not concern a straightforward sale transaction between a buyer and seller.

Since only Section 55 is expressly framed around the mutual rights and liabilities arising in a sale, it is the provision the question is looking for.

Therefore, the correct answer is 55.