Clarification on section 55 of Transfer of Property Act
17-Dec-2023 (In Property Law)
I sold my 1800 sq.ft. plot to two different buyers (800+1000). Whom should I give the original registry file (1800sq.ft)..I checked transfer of property act-1882, section 55. It says it will go to buyer with greatest value..Is it my understanding correct?
yes , you have to give original documents to the buyer of major portion . however you will have to provide gfor covenant of production title deeds i.e. in case and whenever original title deeds will be required by the buyer of small portion, he will provide for the same.
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What is Section 54 of the Transfer of Property Act?
The section 54 states that a tangible immovable asset cannot be sold without a document registered unless the value is less than 100 rupees. For tangible immovable properties with a value below Rs 100, either a registered document can be used or the property itself. 17-Jan-2023
Can a decree be transferred to another person?
The plaintiff can assign a court order granting him a certain amount of money to a third-party.
What is court decree for property?
Most often, the decree is issued to enforce a mortgage deed or charge or for the recovery of money, or any other type of encumbrance as determined by the court. 23-Nov-2019
What are the 5 types of Transfer of Property Act?
Types of Transfer
The Act allows for the following types of transfers: (1) sale, (2) mortgage, (3) lease, (4) exchange, and (5) gift.
Get a consent term or MoU drafted by a lawyer and get the parties signature on their mutual agreement for the possession of the applicable original papers in coherence with S.55 TOPA which will stand sustainable.
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