Transfer of Property Act, 1882

Section 63

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

⚡ Quick Answer Reference: Section 63 TPA

Provision: Section 63 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 63 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 encumbrance, the contract shall be void in so far as it purports to operate as an absolute assignment of the property, and the transferee shall have no right to recover possession of the property from the transferor or any other person, unless the transferee has given notice in writing to the transferor and all persons claiming under him, of his claim to recover possession of the property, within a period of one year from the date of the contract.

Indian StandardSection 63, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 63 (India)

Court Pleading StandardSection 63 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 63 TPA

What is Section 63 of TPA?

Section 63 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer immovable property subject to a mortgage or other encumbrance". 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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