RIGHTS AND LIABILITIES OF BUYER

PROPOSAL MADE BY : MUKUL RATHORE

PROPOSAL SUBMITTED TO : Dr. B.R.N SARMA

RESEARCH PROPOSAL SUBMITTED ON PART AND FULFILMENT FOR THE

COURSE
TRANSFER OF PROPERTY ACT
FOR ATTAINING THE DEGREEE
B.A.LLB (HONS.)

AUGUST, 2018

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR
PATNA, 800001
 INTRODUCTION

Transfer of property means an act by which a person conveys property, in present or in

future, to one or more other living persons, or to himself, and one or more other living
persons; and “to transfer of property” is to perform such act.

Section 54 of the Transfer of Property act defines “sale”.According to section 54 of Transfer

of Property act, “sale is a transfer of ownership in exchange for a price paid or promised or
part-paid and part-promised.Therefore, sale is transfer of ownership for money
considerations. It implies an absolute transfer of all rights in the property sold. No rights in
the property sod are left in the transferor.

Essentials of sale:

1. Parties
2. Subject-matter
3. Money-consideration
4. Conveyance

The Transfer of Property Act, 1882 provides for certain rights and liabilities of a buyer in the
absence of any contract to the contrary. Before the completion of the SaleThe buyer is bound
to disclose to the seller any fact as to the nature or extent of the seller's interest in the property
of which the buyer is aware, but of which he has reason to believe that the seller is not aware,
and which materially increases the value of such interest; to pay or tender, at the time and
place of completing the sale, the purchase-money to the seller or such person as he directs:
where the ownership of the property has passed to the buyer, to bear any loss arising from the
destruction, injury or decrease in value of the property not caused by the seller;

The buyer is entitled where the ownership of the property has passed to him, to the benefit of
any improvement in, or increase in value of, the property, and to the rents and profits thereof;
unless he has improperly declined to accept delivery of the property, to a charge on the
property, as against the seller and all persons claiming under him, to the extent of the seller's
interest in the property, for the amount of any purchase-money properly paid by the buyer in
anticipation of the delivery and for interest on such amount; and, when he properly declines
to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of
a suit to compel specific performance of the contract or to obtain a decree for its rescission.

HYPOTHESIS

The researcher presumes that statues present are not appropriate to safeguards buyers
right in todays scinario.

AIMS AND OBJECTIVES

1. The researcher tries to identify the rights and liabilities of buyer.

2. The researcher will try to find the impacts of various cases on the provisions related to
the topic.

TENTATIVE CHAPTERIZATION

1. Introduction
a. Transfer of property defined
b. Sale defined
c. Contract of sale of goods
2. Rights of buyer
3. Liabilities of buyer
4. Major case laws
5. Distinction between rights and liabilities of buyer and seller
6. Conclusion

BIBLIOGRAPHY

1. Textbook on The Transfer of Property Act by Dr. Avtar Singh

2. www.publishyourarticles.org
3. www.ricardobarraza.com