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Transfer of Property Act, 1882

Section 36

Effect of contract to transfer for consideration other property than intended to be transferred

Quick Answer Reference: Section 36 TPA

  • Provision: Section 36 of TPA
  • Act: Transfer of Property Act, 1882
  • Classification: property
  • Jurisdiction: India
Statutory Content

What does Section 36 of TPA say?

Where a contract is made with a person competent to transfer ownership in immovable property for the transfer of such property for a consideration, and it is agreed in the contract that such property or any other property dealt with by the contract shall be transferred, or that the contract shall be rescinded in case a specified event, or event of a specified description, does or does not happen, the transfer of such property or the rescission of the contract, as the case may be, shall take effect as if it had been made in the manner prescribed by sections 58 to 64, and not in the manner prescribed by section 54, and the provisions of those sections shall apply accordingly.

Indian StandardSection 36, Transfer of Property Act, 1882
Bluebook (21st ed.)Transfer of Property Act, 1882, § 36 (India)
Court Pleading StandardSection 36 of the Transfer of Property Act, 1882
Canonical Web linkhttps://nyaya.cloud/acts/transfer-of-property-act-1882/36

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

Common Questions about Section 36 TPA

What is Section 36 of TPA?

Section 36 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer for consideration other property than intended to be transferred". The section states: Where a contract is made with a person competent to transfer ownership in immovable property for the transfer of such property for a consideration, and it is agreed in the contract...

Landmark Case Laws

Landmark Judgments under Section 36 TPA

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 36

Related Concepts