Transfer of Property Act, 1882

Section 109

Effect of contract to sell where seller is under disability

⚡ Quick Answer Reference: Section 109 TPA

Provision: Section 109 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 109 of TPA say?

Where a contract to sell immovable property is made by a person who is under a disability, the contract shall be voidable at the option of the buyer, if the seller has no authority to sell, and in such case the buyer shall be entitled to a return of the amount or consideration, with interest, paid by him on account of the purchase-money, and all costs incurred by him in reference to the contract.

Indian StandardSection 109, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 109 (India)

Court Pleading StandardSection 109 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

Common Questions about Section 109 TPA

What is Section 109 of TPA?

Section 109 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to sell where seller is under disability". The section states: Where a contract to sell immovable property is made by a person who is under a disability, the contract shall be voidable at the option of the buyer, if the seller has no authority...

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