Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property

Question

“… we had referred to the ill - effects of what is known as General Power of Attorney Sales (for short ‘GPA Sales’) or Sale Agreement/General Power of Attorney/Will transfers (for short ‘SA/GPA/WILL’ transfers). Both the descriptions are misnomers as there cannot be a sale by execution of a power of attorney nor can there be a transfer by execution of an agreement of sale and a power of attorney and will. As noticed in the earlier order, these kinds of transactions were evolved to avoid prohibitions/conditions regarding certain transfers, to avoid payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital gains on transfers, to invest unaccounted money … and to avoid payment of ‘unearned increases’ due to Development Authorities on transfer.
The modus operandi in such SA/GPA/WILL transactions is for the vendor or person claiming to be the owner to receive the agreed consideration, deliver possession of the property to the purchaser and execute the following documents or variations thereof:
(a) An Agreement of sale by the vendor in favour of the purchaser confirming the terms of sale, delivery of possession and payment of full consideration and undertaking to execute any document as and when required in future.
or
An agreement of sale agreeing to sell the property, with a separate affidavit confirming receipt of full price and delivery of possession and undertaking to execute sale deed whenever required.
or
(b) An Irrevocable General Power of Attorney by the vendor in favour of the purchaser or his nominee authorizing him to manage, deal with and dispose of the property without reference to the vendor
or
A General Power of Attorney by the vendor in favour of the purchaser or his nominee authorizing the attorney holder to sell or transfer the property and a Special Power of Attorney to manage the property
(c) A will bequeathing the property to the purchaser (as a safeguard against the consequences of death of the vendor before transfer is effected).
These transactions are not to be confused or equated with genuine transactions where the owner of a property grants a power of Attorney in favour of a family member or friend to manage or sell his property, as he is not able to manage the property or execute the sale, personally. These are transactions, where a purchaser pays the full price, but instead of getting a deed of conveyance gets a SA/GPA/WILL as a mode of transfer, either at the instance of the vendor or at his own instance.”
[Extracted from Suraj Lamp & Industries (P) Ltd v. State of Haryana (2012) 1 SCC 656].

Answer 1

The Transfer of Property Act separates the definition of a sale from the detailed obligations it creates.

Section 44 and Section 45: These concern transfers by co-owners and joint transferees respectively, unrelated to a straightforward buyer-seller sale.
Section 54: Defines what a sale is and how it is executed, but stops short of listing the parties' obligations.
Section 55: Picks up where Section 54 leaves off, spelling out in detail the specific rights and liabilities of both the buyer and the seller.

Since the question asks specifically about rights and liabilities rather than the definition of sale itself, the correct answer is 55.

Answer 2

A useful way to approach numbering questions like this is to recall how the Act is structured around the topic of sale, sections 54 to 57 all deal with sale of immovable property in sequence.

Section 54 opens the topic by defining sale and prescribing the mode of transfer.
Section 55 immediately follows and, true to its heading Rights and liabilities of buyer and seller, is the operative provision listing out each party's obligations, such as the seller's duty to disclose defects and the buyer's duty to pay the purchase price.
Section 44 appears earlier in the Act, in the part dealing with transfers by co-owners, well before the sale provisions begin, so it cannot be the answer.
Section 45 also falls within the joint-transfer provisions rather than the sale provisions.

Locating the question within the Act's own structure, immediately after the definition of sale, points to the section carrying the very heading the question describes.

Therefore, the correct answer is 55.

Answer 3

A useful way to approach numbering questions like this is to recall how the Act is structured around the topic of sale, sections 54 to 57 all deal with sale of immovable property in sequence.

Section 54 opens the topic by defining sale and prescribing the mode of transfer.
Section 55 immediately follows and, true to its heading Rights and liabilities of buyer and seller, is the operative provision listing out each party's obligations, such as the seller's duty to disclose defects and the buyer's duty to pay the purchase price.
Section 44 appears earlier in the Act, in the part dealing with transfers by co-owners, well before the sale provisions begin, so it cannot be the answer.
Section 45 also falls within the joint-transfer provisions rather than the sale provisions.

Locating the question within the Act's own structure, immediately after the definition of sale, points to the section carrying the very heading the question describes.

Therefore, the correct answer is 55.

Which Section under the Transfer of Property Act, 1882 discuss about the rights and liabilities of buyer and the seller of immovable property

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The Correct Option is C

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