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A landowner and a purchaser orally agree on the sale of a plot of land, including the price and other…

An agreement to sell land may be oral where no applicable law requires writing. In Aloka Bose v. Parmatma Devi, the Supreme Court held that a memorandum signed by the vendor…

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A landowner and a purchaser orally agree on the sale of a plot of land, including the price and other terms. No special law requires their agreement to be in writing. The vendor signs a memorandum recording the agreed terms, which the purchaser accepts without signing. Which statement is correct?

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Answer and explanation

Correct answer B

An agreement to sell land may be oral where no applicable law requires writing. In Aloka Bose v. Parmatma Devi, the Supreme Court held that a memorandum signed by the vendor and accepted by the purchaser may evidence their concluded agreement.

Section 54 of the Transfer of Property Act, 1882 distinguishes the contract for sale from the conveyance of ownership of the land.

Option feedback

Option A

The parties agreed orally, and on these facts no law requires the memorandum to bear both signatures.

Option B

The purchaser accepted the bargain. The vendor's signed memorandum can evidence the concluded agreement despite the purchaser's lack of signature.

Option C

Delivery of possession is unnecessary for formation of this oral agreement to sell land.

Option D

The memorandum records a contract for sale. It does not itself convey ownership of the land under section 54.

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