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Samant Brara believes that in return for the price you pay, you have the right to get the value out of it. Sellers are not only those who give you your dream properties but want you to grow with them.
Samant Brara- There can be no growth if either of the parties does not properly carry out the duties. Therefore, to do justice with our part, we have compiled a list of rights and duties of the seller before and after completion of the sale under the Transfer of Property Act, 1882.
Samant Brara Talks about Rights and duties
Right to take rents and profits: The seller is qualified for the rents and benefits of the property till the responsibility passes to the purchaser. The deal is finished when the ownership is moved to the purchaser. Till the proprietorship is moved, the dealer keeps on being the proprietor of the property, and in that limit, he becomes qualified for the rents and benefits of the property. Till that time, the merchant has each privilege to partake in the benefits of the property.
To charge for price prepaid: At the point when the purchaser rejects to acknowledge delivery, he becomes qualified for refunding earnest booking money (assuming any) and for the expenses (assuming any) additionally granted to him in a suit to propel explicit execution of the agreement. The principle of natural justice, i.e., duty to act fairly, prevails.
To give possession: The vendor will undoubtedly give, on being so required, the purchaser or such individual as he coordinates, such ownership of the property as and when the eligibility is met. The vendor is to give ownership of a property either to the purchaser or his approved individual at whatever point the purchaser requires. If a case should arise over tangible moveable property, the actual and physical control is to be given over property.
To deliver title deeds on receipt of price: Where the booking money has been paid to the vendor, he will undoubtedly convey to the purchaser all records of title identifying with the property in the dealer's possession or control.
After fulfilling the contract, when the responsibility is given to the purchaser, and he pays the cost of the property, the dealer becomes bound to transfer all the title deeds conferring the purchaser with the title of the owner of the property.
Charge upon the property for unpaid price: where the responsibility for property has passed to the purchaser before payment of entire booking money, a charge upon the property is levied.
- in possession of the purchaser,
- any transferee without consideration, or
- any transferee with notice of the non-payment,
- equivalent to booking money, or any part thereof staying unpaid
- and for premium on such sum or part from the date on which ownership has been delivered
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Updated on October 25, 2021
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