Transfer of Property Act, 1882

Section 98

Effect of contract to transfer for consideration property which is not in existence at the time of the contract

⚡ Quick Answer Reference: Section 98 TPA

Provision: Section 98 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India

Statutory Content

What does Section 98 of TPA say?

Where a contract is made with a person as a consideration for the transfer of property to him, and it is thereby agreed that the property to be transferred is not in existence at the time of the contract, such contract is void, unless the property is actually brought into existence, or the consideration for such transfer is actually paid, or there is some other good consideration for the contract.

Indian StandardSection 98, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 98 (India)

Court Pleading StandardSection 98 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 98 TPA

What is Section 98 of TPA?

Section 98 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer for consideration property which is not in existence at the time of the contract". The section states: Where a contract is made with a person as a consideration for the transfer of property to him, and it is thereby agreed that the property to be transferred is not in existence at t...

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