Transfer of Property Act, 1882

Section 74

Effect of contract to transfer immovable property subject to a rent or other incumbrance

⚡ Quick Answer Reference: Section 74 TPA

Provision: Section 74 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 74 of TPA say?

Where a contract is made with a person for the transfer of immovable property subject to a rent or other incumbrance, the contract shall be void in the following cases:— (a) where the rent or other incumbrance is not discharged at the time when the property is transferred; (b) where the rent or other incumbrance is not discharged at the time when the property is transferred, and the transferee has not agreed to assume the rent or other incumbrance.

Indian StandardSection 74, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 74 (India)

Court Pleading StandardSection 74 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 74 TPA

What is Section 74 of TPA?

Section 74 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer immovable property subject to a rent or other incumbrance". The section states: Where a contract is made with a person for the transfer of immovable property subject to a rent or other incumbrance, the contract shall be void in the following cases:— (a) where ...

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