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B pays part of the price in advance under an agreement to buy A's land. A is prepared to deliver…

Section 55(6)(b) protects properly paid advance purchase money through a charge on the property unless the buyer has improperly declined delivery. B's improper refusal…

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B pays part of the price in advance under an agreement to buy A's land. A is prepared to deliver possession when B performs, but B improperly refuses to accept delivery. Can B claim the statutory charge for the advance under section 55(6)(b) of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer B

Section 55(6)(b) protects properly paid advance purchase money through a charge on the property unless the buyer has improperly declined delivery.

B's improper refusal defeats this particular statutory charge.

Option feedback

Option A

The advance does not remove the express condition concerning delivery.

Option B

Improper refusal to accept delivery brings the facts within the statutory exclusion.

Option C

Lack of possession does not cure the buyer's improper refusal.

Option D

The subsection expressly deals with money properly paid in anticipation of delivery and does not impose this requirement.

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