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Which is NOT an essential element of a lease of immovable property under section 105 of the Transfer of Property Act, 1882?

Question and options

Which is NOT an essential element of a lease of immovable property under section 105 of the Transfer of Property Act, 1882?

  1. A lessor and a lessee

  2. Identifiable immovable property

  3. Transfer of a right to enjoy the property

  4. Transfer of ownership of the property

Answer and explanation

Correct answer: D - Transfer of ownership of the property

Section 105 defines a lease as a transfer of a right to enjoy immovable property on the terms the section specifies. The lessor and lessee are the parties. Transfer of ownership for a price belongs to the definition of a sale in section 54.

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