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Showing posts from October, 2016

The Chemistry of Section 55(6)(b) of T.O.P. Act, 1882, when r/w Article 62 of Limitation Act, 1963

The law is well settled that a Suit for Specific performance of a Contract, under Article 54 of the Indian Limitation Act, 1963, involving Sale of an immovable property, must be filed within three years from the date fixed for the performance of such contract, or, if no such date is fixed, when the Buyer has notice that performance is refused. Section 55(6)(b) of the Transfer of Property Act, 1882, lays down buyer’s rights before completion of Sale transaction. The Section, inter alia, mandates that buyer is entitled to a charge on the property, as against the seller and all persons claiming under him, to the extent of the seller's interest in the property, for the amount of any purchase-money properly paid by the buyer in anticipation of the delivery and for interest on such amount, except in cases where the Buyer has improperly declined to accept delivery of the property. Therefore, a careful reading of Section 55(6)(b) would infer that a statutory charge is created  up...