Under the Transfer of Property Act, 1882, which of the following propositions concerning the seller’s…
All three choices identify duties of the seller under section 55(1), subject to the statutory qualifications and any contract to the contrary. Disclosure concerns a material…
Choose your answer
Under the Transfer of Property Act, 1882, which of the following propositions concerning the seller’s duties is correct?
Answer and explanation
Correct answer D
All three choices identify duties of the seller under section 55(1), subject to the statutory qualifications and any contract to the contrary. Disclosure concerns a material defect known to the seller, unknown to the buyer and not discoverable by ordinary care; production concerns title documents within the seller’s possession or power. The seller must also meet the public charges and rent accrued up to the sale. These are categories of duties, rather than a finding that every seller possesses every document or must disclose a defect already known to the buyer.
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