Sale of Immoveable Property as per Transfer of Property Act, 1882

The sale of immovable property is governed by the Transfer of Property Act, 1882 (TPA). The TPA defines a sale of immovable property as an agreement by which the seller transfers the ownership of immovable property to the buyer for a price.

Essentials for a valid sale of immovable property

The following are the essentials for a valid sale of immovable property:

  • There must be a valid agreement between the seller and the buyer.
  • The property must be clearly identified.
  • The price must be certain.
  • The transfer must be made for valuable consideration.
  • The sale must be registered in the prescribed manner, if required.

Kinds of sale of immovable property

The TPA recognizes the following kinds of sale of immovable property:

  • Absolute sale: This is the most common kind of sale. In an absolute sale, the seller transfers the entire ownership of the property to the buyer.
  • Conditional sale: In a conditional sale, the seller transfers the ownership of the property to the buyer subject to the fulfillment of a condition.
  • Sale with a right of repurchase: In a sale with a right of repurchase, the seller sells the property to the buyer but retains the right to repurchase the property from the buyer at a specified price.
  • Sale in execution of a decree: This is a sale that is made by a court of law in execution of a decree.

Registration of sale of immovable property

The registration of a sale of immovable property is a legal requirement in India. The sale must be registered in the Register of Sales maintained by the sub-registrar of the area where the property is located.

MCQs on Sale of Immovable Property

Here are some MCQs on the topic of Sale of Immovable Property as per the Transfer of Property Act, 1882:

  1. Which of the following is not an essential for a valid sale of immovable property?
    • There must be a valid agreement between the seller and the buyer.
    • The property must be clearly identified.
    • The price must be certain.
    • The transfer must be made for free.
  2. What is the kind of sale in which the seller transfers the entire ownership of the property to the buyer?
    • Absolute sale
    • Conditional sale
    • Sale with a right of repurchase
    • Sale in execution of a decree
  3. Is the registration of a sale of immovable property a legal requirement in India?
    • Yes
    • No
    • Only in certain cases
    • Only in certain states
  4. Where is the sale of immovable property registered?
    • In the Register of Sales maintained by the sub-registrar of the area where the property is located.
    • In the Register of Sales maintained by the Registrar of Companies.
    • In the Register of Sales maintained by the Collector of the district.
    • In the Register of Sales maintained by the High Court.

Answers to the MCQs:

  1. The answer is (d). The transfer must be made for valuable consideration, not for free.
  2. The answer is (a). An absolute sale is the most common kind of sale.
  3. The answer is (a). The registration of a sale of immovable property is a legal requirement in India.
  4. The answer is (a). The sale of immovable property is registered in the Register of Sales maintained by the sub-registrar of the area where the property is located.