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Transfer of Property Act

AnonymousLLB 18 Dec 2011, 09:37

Sale deed mentions only plot. It does not have reference to building

constructed on the plot. Whether the buyer would acquire title only on

the land or land and building. As per Sec 8 of T.P. Act, when the land

is transferred all the things attached to land also get transferred

unless different intention appears. Therefore building also gets

transferred along with land. A per Sec 54 of T.P. Act and Sec 17 of

Registration Act sale of immovable property of rupees hundred is to be

registered. Building is certainly immovable property worth more than

Rupees Hundred. Hence sale of building requires registration. Moreover

there is maxim Expressio unis est exclusio alterius If Sec 8 is followed

if building is not shown in sale deed, it leads to evasion of tamp duty

On the ground of equity the vendor can not sell the plot alone when

there is house. As per ec. 55 of T.P. Act the buyer is bound to disclose

the true value of the property, of which the seller is not aware.

Consider these points and other point as you deem fit and render legal

opinion. Thank you

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