Under the provisions of the Transfer of Property Act, 1882, if there are patent defects in the property:
Under Section 55(1)(a) of the Transfer of Property Act, 1882, the seller is bound to disclose to the buyer any material defect in the property or in the seller's title…
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Under the provisions of the Transfer of Property Act, 1882, if there are patent defects in the property:
Answer and explanation
Correct answer A
Under Section 55(1)(a) of the Transfer of Property Act, 1882, the seller is bound to disclose to the buyer any material defect in the property or in the seller's title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover (latent defects). Consequently, in respect of patent defects—defects that are obvious and discoverable by the buyer with ordinary care—the maxim of caveat emptor ('let the buyer beware') applies.
Option feedback
Option A
A patent defect is discoverable by ordinary care. The seller's duty under section 55(1)(a) concerns material defects known to the seller and unknown to the buyer that ordinary care would not reveal.
Option B
Section 55(1)(a) imposes a specific duty to disclose qualifying latent material defects. It does not generally require the seller to point out patent defects.
Option C
Section 52 restricts dealings with immovable property during litigation in which rights to it are directly and specifically in question.
Option D
Section 53A concerns protection of possession in part performance of a transfer contract when its statutory conditions are met.
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