Transfer of Property Act
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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