Section 12 TPA Explained: Definition of agreement to sell | Nyaya

Statutory Content

What does Section 12 of TPA say?

An agreement to sell immovable property is a contract whereby the seller agrees to transfer the property to the buyer for a price. The agreement must be in writing and registered. The property must be identified and the price must be agreed upon. The agreement can be oral, but it must be registered within a specified period. The agreement can be rescinded if the property is not transferred within the specified period. The agreement can also be rescinded if the buyer fails to pay the price within the specified period. The agreement can be assigned by the buyer to another person, but the assignment must be in writing and registered. The agreement can be novated by the buyer to another person, but the novation must be in writing and registered.

Indian StandardSection 12, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 12 (India)

Court Pleading StandardSection 12 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 12 TPA

What is Section 12 of TPA?

Section 12 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Definition of agreement to sell". The section states: An agreement to sell immovable property is a contract whereby the seller agrees to transfer the property to the buyer for a price. The agreement must be in writing and registered. ...

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