Transfer of Property Act, 1882

Section 38

Effect of contract to transfer immovable property subject to a mortgage or other lien

⚡ Quick Answer Reference: Section 38 TPA

Provision: Section 38 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 38 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 the property is subject to a mortgage or other lien, the contract shall be void in the hands of any person to whom the transferee derives title (otherwise than under a will) except where the transferee has, at the time of the contract, a good title to the property free from the mortgage or other lien, or where the transferee has, at the time of the contract, a right to call for a conveyance of the whole property free from the mortgage or other lien.

Indian StandardSection 38, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 38 (India)

Court Pleading StandardSection 38 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 38 TPA

What is Section 38 of TPA?

Section 38 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer immovable property subject to a mortgage or other lien". 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 the property is subject to a...

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