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Under section 55 of the Transfer of Property Act, 1882, who ordinarily pays the public charges, rent…

In the absence of a contrary agreement, section 55(1)(g) makes the seller responsible for the amounts accrued or due on the sale date. The seller must also discharge…

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Under section 55 of the Transfer of Property Act, 1882, who ordinarily pays the public charges, rent and encumbrance interest due on immovable property up to the date of sale and discharges existing encumbrances if the property is sold free of them?

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Answer and explanation

Correct answer B

In the absence of a contrary agreement, section 55(1)(g) makes the seller responsible for the amounts accrued or due on the sale date.

The seller must also discharge existing encumbrances unless the property is sold subject to them.

Option feedback

Option A

The buyer's corresponding duties arise when ownership has passed, subject to section 55(5)(d).

Option B

The seller has the duties specified in section 55(1)(g), in the absence of a contract to the contrary.

Option C

The mortgagee may be owed interest, but section 55(1)(g) places the stated sale duties on the seller.

Option D

The tenant may have separate lease duties, but section 55(1)(g) allocates these sale duties to the seller.

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