Transfer of Property Act, 1882

Section 41

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

⚡ Quick Answer Reference: Section 41 TPA

Provision: Section 41 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India
Summary: This section states that if a contract is made to transfer one property in consideration of another, the contract is void unless the agreed property is transferred.

Statutory Content

What does Section 41 of TPA say?

Where a contract is made with a person as a consideration for the transfer of one property, and it is thereby agreed that the transfer shall be of another property, the contract is void, unless the property agreed to be transferred is transferred. The transfer of the first-mentioned property shall be void, unless the property agreed to be transferred is transferred.

Indian StandardSection 41, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 41 (India)

Court Pleading StandardSection 41 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 41 of TPA mean?

Plain English Explanation

This section states that if a contract is made to transfer one property in consideration of another, the contract is void unless the agreed property is transferred.

Practical Interpretation

In practice, this means that if the agreed property is not transferred, the transfer of the first property will also be considered void, highlighting the importance of fulfilling contractual obligations.

Core Legal Purpose

The core purpose of this provision is to ensure that contractual agreements regarding property transfers are honored, preventing fraudulent or deceitful practices by requiring the transfer of the agreed property.

Key Legal Elements

•A contract is made with a person as a consideration for the transfer of one property.
•It is agreed that the transfer shall be of another property.
•The transfer of the first-mentioned property shall be void unless the property agreed to be transferred is transferred.
•The contract is void unless the property agreed to be transferred is transferred.

Practical Example

Practical Example of Section 41 TPA

For instance, if Rajesh agrees to transfer his land in Mumbai to Priya in consideration of her transferring her house in Delhi, but Priya fails to transfer the house, the transfer of the land will be void. This illustrates how this section applies in everyday situations, emphasizing the necessity of fulfilling contractual obligations regarding property transfers.

Common Questions (FAQ)

Frequently Asked Questions about Section 41 TPA

Q: What is the consequence under Section 41 of Transfer of Property Act, 1882?

This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the contract and the transfer of the first property will be considered void if the agreed property is not transferred.

Q: Does this section apply to private individuals or public entities?

This section applies to any contract made between parties, regardless of whether they are private individuals or public entities, as long as the contract involves the transfer of property.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural/definitional provision and does not deal with criminal offences, thus it does not classify an offence as bailable or cognizable.

Common Questions about Section 41 TPA

What is Section 41 of TPA?

Section 41 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". In plain terms: This section states that if a contract is made to transfer one property in consideration of another, the contract is void unless the agreed property is transferred.

What are the elements of Section 41 of TPA?

The essential elements of Section 41 of TPA are: A contract is made with a person as a consideration for the transfer of one property.; It is agreed that the transfer shall be of another property.; The transfer of the first-mentioned property shall be void unless the property agreed to be transferred is transferred..

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