Transfer of Property Act, 1882

Section 60

Recovery of property purchased in contravention of certain contracts

⚡ Quick Answer Reference: Section 60 TPA

Provision: Section 60 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India
Summary: If someone buys a property in a way that breaks a contract, which can be cancelled by the person who sold it, the buyer can get the property back from the person who bought it from them, unless the buyer paid a fair price and the seller accepted it.

Statutory Content

What does Section 60 of TPA say?

Where a person purchases any property in contravention of a contract, which, by reason of such contravention, is voidable at the option of the transferrer, the transferee shall be entitled to recover the property from the transferee, or from any person holding under him, unless the transferee has paid valuable consideration for the property, and the transferrer has accepted such consideration.

Indian StandardSection 60, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 60 (India)

Court Pleading StandardSection 60 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).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 60 of TPA mean?

Plain English Explanation

If someone buys a property in a way that breaks a contract, which can be cancelled by the person who sold it, the buyer can get the property back from the person who bought it from them, unless the buyer paid a fair price and the seller accepted it.

Practical Interpretation

This section helps to prevent people from buying properties in a way that breaks contracts, by allowing the original seller to get the property back if they want to. However, if the buyer paid a fair price and the seller accepted it, the buyer can keep the property.

Core Legal Purpose

The core purpose of this section is to protect the rights of the original seller in cases where a property is bought in a way that breaks a contract, while also ensuring that buyers who paid a fair price are not unfairly affected.

Key Legal Elements

•The property was bought in contravention of a contract.
•The contract is voidable at the option of the transferrer.
•The transferee has not paid valuable consideration for the property.
•The transferee is holding the property.

Practical Example

Practical Example of Section 60 TPA

Rajesh and Priya had a contract to sell a plot of land. However, Rajesh sold the plot to Amit without Priya's consent. Priya can now use Section 60 to get the plot back from Amit, as the sale was made in contravention of their contract. However, if Amit had paid a fair price to Rajesh and Rajesh had accepted it, Priya would not be able to get the plot back.

Common Questions (FAQ)

Frequently Asked Questions about Section 60 TPA

Q: What is the punishment or consequence under Section 60 of Transfer of Property Act, 1882?

This section is a procedural provision and does not prescribe a penal punishment.

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

This section applies to both private individuals and public entities.

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

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 60 TPA

What is Section 60 of TPA?

Section 60 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Recovery of property purchased in contravention of certain contracts". In plain terms: If someone buys a property in a way that breaks a contract, which can be cancelled by the person who sold it, the buyer can get the property back from the person who bought it from them, unless the buyer paid a fair price and the seller accepted it.

What are the elements of Section 60 of TPA?

The essential elements of Section 60 of TPA are: The property was bought in contravention of a contract.; The contract is voidable at the option of the transferrer.; The transferee has not paid valuable consideration for the property..

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