ALLIANCE SCHOOL OF LAW

Property Law
RESEARCH PAPER

TITLE: Sale of Immovable Property under the

Transfer of Property Act
Submitted to:

Prof. Priyanka Sonowal

Submitted by: Sahiba Verma (2021BALH07ASL041)

Jaspreet Kaur(2021BALH07ASL001)
B.A. LL.B. (Hons.)
Batch 2021-2026

1|Page
 TABLE OF CONTENTS

1.1 Overview______________________________________________________3

1.2 Literature Review:_______________________________________________4

1.3) Statement of Problem_____________________________________________5

1.4) Scope of the Study_______________________________________________5

1.5) Objectives_____________________________________________________5

1.6) Research Questions______________________________________________5

1.7) Hypotheses____________________________________________________6

1.8) Methodology of the Study__________________________________________6

1.9) Chapterisation__________________________________________________6

2|Page
 SYNOPSIS

1.1 Overview

Immovable property can be transferred via a number of various methods. Property can be
transferred in a variety of ways, including through sales, mortgages, leases, gifts, exchanges,
and more. Each of the aforementioned methods for transferring real estate has unique
implications, benefits, and drawbacks.

The Chapter 2 Transfer of Property Act, 1882 deals with: -

a) various specific transfers relating to immovable property.

b) general principles relating to the transfer of movables and immovable property.

Section 54 and 55 of Transfer of Property Act, 1882 include sales of immovable property.

Now, sale is defined as a transfer of ownership in exchange for a price paid or promised or
part-paid and part-promised. Only the sale of real estate is governed by Section 54. Both
physical and immaterial items qualify as immovable property. A home, a tree, etc. are
examples of physical property, but a fishing licence, a right of way, etc. are examples of
intangible property because they cannot be touched. There is no need to sign an agreement on
the stamp papers to that effect if there is no sale.

The transfer may be made by means of lease, gift, mortgage, will or by any other mode
wherein the interest of the property is sought to be transferred. In another words it is an
absolute transfer of all rights in the property sold.

To make a sale there are also some essential elements, which we have discussed in our paper
together with breach of contract, Parties to Sale, Price or Consideration, Conditions of a
Valid Sale, transfer of ownership, burden of proof, scope of section 54 with rights and
liabilities of buyers and sellers and validity of the sale deeds etc.

3|Page
 1.2 Literature Review:

This research paper appreciates the work of many eminent legal thinkers around the world.
All the relevant information relied on this research paper is advanced from suitable books and
articles.

This research bases its idea and is conceptualized mostly from the works of

 S.N. Shukla, Transfer of Property Act, 28th edition, 2011, Allahabad Law
Agency.

The opportunity to revise a best-known author's original work is an honour. I was linked to
this book throughout my study because of its simplicity, clarity, and comprehensive
explanation of the concepts of property transfer. I think it's an honour to be connected to a
well-known piece by such an esteemed author. Very simple and understandable language was
used to write the book.

 Avtar Singh, Transfer of Property Act, 14th Ed., Eastern Book Company, 2016.

This book provides a clear, comprehensive, and systematic thematic discussion of the
difficult and complex subject of sale of immovable of property. This book has assisted me in
better understanding the concept of immovable property.

 Mulla, Transfer of Property Act 1882, 11th edition, 2012, LexisNexis.

Mulla The Transfer of Property Act is an analysis of the Transfer of Property Act, 1882,
section by section. It coherently and clearly explains complicated legal concepts. It explores
relevant specific law from several Indian courts as well as those in other nations, mainly
those in the Commonwealth.

 G.P. Tripathi, Transfer of Property Act, 7th edition, 2011, Allahabad Central
Law Publications.

The book includes every modification made to the Transfer of Property Act. In order to
clarify, interpret, & update the law's provisions, pertinent Supreme Court and High Court
rulings have also been included when required. The major elements of this work are its clarity
and simplicity of language.

 Vepa. P. Sarathi (Rev.) G.C.V. Subba Rao’s Law of Transfer of Property (3rd
ed., 2002)

4|Page
The Law of Transfer of Property by Vepa P. Sarathi is a well-respected commentary on the
subject of property law. The book has been extensively rewritten, edited, and updated with
the most recent judicial decisions. Easements, trusts, and wills, in addition to concerns
connected to the transfer of property, have all been thoroughly discussed.

1.3) Statement of Problem

Even though a laymen knows the basic to-do’s of how a sale is made but somehow still gets
corrupted sometimes. There are many property fraud cases reported in the Indian civil and
criminal courts every year.

In 2014, the commissioner of Delhi police said that 30 percent of the cases that comes to
them are related to property fraud. So, this research project will guide us about the legal
terminology of sale with the help of various case studies.

1.4) Scope of the Study

Scope is to interpret and research in detail about section 54 and section 55 of the Transfer of
Property Act.

1.5) Objectives

The objectives of this research paper are as follows –

1. To study how a sale is made.
2. To understand section 54 and section 55 of Transfer of Property Act thoroughly.
3. To examine several cases related to the topic.

1.6) Research Questions

1. What is the contribution of section 54 and section 55 under the TPA act?
2. How is a sale or transfer obtained under Indian legal system?

5|Page
 1.7) Hypotheses

1. Oral sale is only complete in the case of a tangible Immovable properties as soon as
the delivery of possession is effected.
2. The transfer of immovable property by a Mohammedan as dower or in lieu of dower
is sale,

1.8) Methodology of the Study

The study uses a descriptive approach from beginning to end. Both primary and secondary
data are used in the research. Statutes, cases, and books are some of the primary sources this
paper references. The publications and journals that have been used as secondary sources for
this study comprise a variety of them.
All the required and relevant information for the research is gathered from a variety of
sources, including books, articles, journals, reports. As a result, no field research is done
because the current work is mainly theoretical.

1.9) Chapterisation

The scheme of chapter of this research paper is as follows: -

1. Introduction
2. Section 54 of the Transfer of Property Act, 1882
3. Sale how made.
4. Transfer of ownership
5. Section 55 of the Transfer of the Property Act, 1882
6. Rights, Duties and Liabilities of Seller in case of Sale of Immovable Property:
7. Rights and Duties of Buyer in case of Sale of Immovable Property:

6|Page