Transfer of Property Act, 1882

Section 61

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

⚡ Quick Answer Reference: Section 61 TPA

Provision: Section 61 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 61 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property or any other property dealt with by the parties thereto shall be transferred, or that the contract shall be rescinded in case a specified event, or contingencies, happen, the property or the right referred to in the contract shall be transferred, or the contract shall be rescinded, according to the terms thereof, as if the property or right so referred to were the property or right intended to be transferred; and where a contract is made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property or any other property dealt with by the parties thereto shall be transferred, or that the contract shall be rescinded in case a specified event, or contingencies, happen, the property or the right referred to in the contract shall be transferred, or the contract shall be rescinded, according to the terms thereof, as if the property or right so referred to were the property or right intended to be transferred.

Indian StandardSection 61, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 61 (India)

Court Pleading StandardSection 61 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 61 TPA

What is Section 61 of TPA?

Section 61 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...

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