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Transfer of Property Act 1882

Kewal Krishan v. Rajesh Kumar

Transfer of Property Act, 1882 – Section 54 – a sale of an immovable property has to be for a price. The price may be payable in future. It may be partly paid and the remaining part can be made payable in future. The payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect. Therefore, such a sale will be void. It will not effect the transfer of the immovable property.

State of Kerala v. Joseph & Company

Transfer of Property Act 1882 – Ss. 111 (g) & 112 – Determination of Lease – Waiver of forfeiture – lessee has executed an absolute sale deed in respect of the leased land which belongs to the government – such breach cannot be condoned.