In the absence of a contract to the contrary, how long is the seller entitled to the rents and profits…
Section 55(4)(a) makes the passage of ownership the cutoff for the seller's right to rents and profits in the absence of a contrary agreement. Section 55(4)(b) deals…
Choose your answer
In the absence of a contract to the contrary, how long is the seller entitled to the rents and profits of immovable property under section 55 of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer B
Section 55(4)(a) makes the passage of ownership the cutoff for the seller's right to rents and profits in the absence of a contrary agreement.
Section 55(4)(b) deals separately with a seller's charge for unpaid purchase money after ownership has passed.
Option feedback
Option A
Physical delivery is not the statutory cutoff. Ownership may already have passed while the seller remains in possession.
Option B
Section 55(4)(a) gives the seller the rents and profits until ownership passes to the buyer.
Option C
The signing of an agreement for sale need not transfer ownership.
Option D
The seller may have a charge for unpaid purchase money after ownership passes under section 55(4)(b), but the right to rents and profits has ended.
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