CHANAKAYA NATIONAL LAW UNIVERSITY, PATNA

SUBJECT: TRANSFER OF PROPERTY ACT

TOPIC: RIGHTS AND LIABILITIES OF SELLER

ROUGH DRAFT

SUBMITTED TO:
Mr. B.R.N SHARMA
FACULTY OF LAW

SUBMITTED BY:
VISHWAN UPADHYAY
ROLL No. 1864
2ND YEAR
 INTRODUCTION

Transfer of property means an act by which a person conveys property, in present or in

future, to one or more other living persons, or to himself, and one or more other living
persons; and “to transfer of property” is to perform such act.

Section 54 of the Transfer of Property act defines “sale”.

According to section 54 of Transfer of Property act, “sale is a transfer of ownership in

exchange for a price paid or promised or part-paid and part-promised.

Therefore, sale is transfer of ownership for money considerations. It implies an absolute

transfer of all rights in the property sold. No rights in the property sod are left in the
transferor.

Essentials of sale:

1. Parties
2. Subject-matter
3. Money-consideration
4. Conveyance

The Transfer of Property Act, 1882 provides for certain rights and liabilities of a seller in the
absence of any contract to the contrary. Before the completion of the Sale, the seller is liable
to disclose material defects in the property or in the seller’s title thereto, to produce title
deeds, to answer questions as to title, to execute conveyance, to take care of the property and
to pay outgoings. After the completion of the Sale, the seller is liable to give possession to the
buyer, to covenant for title impliedly (since the covenant implies an absolute warranty of
title) and to deliver title deeds on receipt of price. The seller shall be deemed to contract with
the buyer that the interest which he transfers to the buyer subsists and that he has the power to
transfer the same. If the buyer takes possession of the property before the completion of the
sale, the seller is entitled to interest on the unpaid purchase money from the date on which the
possession is taken.
 HYPOTHESIS

1. The researcher presumes that the buyer has an upper hand in situations when the
parties go to court.

AIMS AND OBJECTIVES

1. The researcher tries to identify the rights and liabilities of seller.

2. The researcher will also try to find out whether the provisions related to rights and
liabilities of seller are at par with the rights and liabilities of buyer or not.
3. The researcher will try to find the impacts of various cases on the provisions related to
the topic.

TENTATIVE CHAPTERIZATION

1. Introduction
a. Transfer of property defined
b. Sale defined
c. Contract of sale of goods
2. Rights of seller
3. Liabilities of seller
4. Major case laws
5. Distinction between rights and liabilities of buyer and seller
6. Conclusion

BIBLIOGRAPHY

1. Textbook on The Transfer of Property Act by Dr. Avtar Singh

2. www.publishyourarticles.org
3. www.ricardobarraza.com