Legal Question in Real Estate Law in India
Sale deed mentions only plot. It does not have reference to building constructed on the plot. Whether the buyer would acquire title only on the land or land and building. As per Sec 8 of T.P. Act, when the land is transferred all the things attached to land also get transferred unless different intention appears. Therefore building also gets transferred along with land.
A per Sec 54 of T.P. Act and Sec 17 of Registration Act sale of immovable property of rupees hundred is to be registered. Building is certainly immovable property worth more than Rupees Hundred. Hence sale of building requires registration.
Moreover there is maxim Expressio unis est exclusio alterius
If Sec 8 is followed if building is not shown in sale deed, it leads to evasion of tamp duty
On the ground of equity the vendor can not sell the plot alone when there is house.
As per ec. 55 of T.P. Act the buyer is bound to disclose the true value of the property, of which the seller is not aware.
Consider these points and other point as you deem fit and render legal opinion.
Thank you
2 Answers from Attorneys
State your questions clearly.
Dual ownership is recognised in India. Which means land may owned by one person and building by another.
Related Questions & Answers
-
Respected Sir/madam My father had purchased a revenue land in 1990 from a GPA... Asked 12/11/11, 10:38 pm in India Real Estate and Real Property
-
As per your guidance and advice in ref:yIwvs5q8Lw, i had issued notice to my... Asked 12/11/11, 4:41 am in India Real Estate and Real Property
-
Sir, I stay in the subject mentioned address. Earlier to my father's death this... Asked 12/11/11, 4:34 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
