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Transfer of Property Act, 1882

Section 133

Effect of contract to transfer immovable property for a consideration to be paid in whole or in part only subsequently to the execution of the contract, when the party who is to pay the consideration is already in possession of the property

Quick Answer Reference: Section 133 TPA

  • Provision: Section 133 of TPA
  • Act: Transfer of Property Act, 1882
  • Classification: property
  • Jurisdiction: India
Statutory Content

What does Section 133 of TPA say?

Where a contract is made with a person for the transfer of immovable property to him for a consideration to be paid in whole or in part only subsequently to the execution of the contract, and the party who is to pay the consideration is already in possession of the property, such contract does not operate to create any interest in or right over such property, unless the consideration consists of monthly or periodical payments of a rent, in respect of the property, or of a share of the rents and profits of such property, or of a sum of money charged by way of rent on such property, and the contract is expressed to be a lease or sub-lease of such property, or unless the time when a part of the consideration is to be paid has been agreed upon, and the party who is to pay that part of the consideration has agreed to sell the property to some other person, and the terms on which such sale is to be made have been agreed upon, and the sale is completed, and the property is transferred to the person to whom it is sold.

Indian StandardSection 133, Transfer of Property Act, 1882
Bluebook (21st ed.)Transfer of Property Act, 1882, § 133 (India)
Court Pleading StandardSection 133 of the Transfer of Property Act, 1882
Canonical Web linkhttps://nyaya.cloud/acts/transfer-of-property-act-1882/133

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 133 TPA

What is Section 133 of TPA?

Section 133 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer immovable property for a consideration to be paid in whole or in part only subsequently to the execution of the contract, when the party who is to pay the consideration is already in possession of the property". The section states: Where a contract is made with a person for the transfer of immovable property to him for a consideration to be paid in whole or in part only subsequently to the execution of the co...

Landmark Case Laws

Landmark Judgments under Section 133 TPA

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 133

Related Concepts