Section 128 TPA Explained: Effect of contract to transfer for consideration when a party thereto has not capacity to transfer, or where there is no right to transfer. | Nyaya

Statutory Content

What does Section 128 of TPA say?

Where a person having capacity to transfer, but not being competent to transfer, has contracted to transfer an immovable property, or where a person not competent to transfer has contracted to transfer an immovable property, or where there is no right to transfer, the contract does not create any right to such property.

Indian StandardSection 128, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 128 (India)

Court Pleading StandardSection 128 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 128 TPA

What is Section 128 of TPA?

Section 128 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer for consideration when a party thereto has not capacity to transfer, or where there is no right to transfer.". The section states: Where a person having capacity to transfer, but not being competent to transfer, has contracted to transfer an immovable property, or where a person not competent to transfer has c...

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