Transfer of Property Act, 1882

Section 40

Effect of contract to transfer immovable property subject to a charge

⚡ Quick Answer Reference: Section 40 TPA

Provision: Section 40 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 40 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 charge, 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 charge, 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 charge.

Indian StandardSection 40, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 40 (India)

Court Pleading StandardSection 40 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 40 TPA

What is Section 40 of TPA?

Section 40 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer immovable property subject to a charge". 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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