Examveda

The object of section 57 of the Transfer of Property Act, 1882 is to:

A. Facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

B. Is not to facilitate the sale of encumbered estates by taking the encumbrance off the title before sale

C. Only (B) is correct

D. None of the above

Answer: Option A

Solution (By Examveda Team)

Section 57 of the Transfer of Property Act, 1882, deals with the sale of encumbered property.

An encumbered estate is a property burdened with some charge or liability, such as a mortgage, lien, or other encumbrance that affects its ownership or transfer.

The primary objective of Section 57 is to facilitate the sale of such encumbered properties by providing a mechanism to deal with the existing encumbrances.

Option A correctly states the object of Section 57. The section aims to simplify the process by allowing the sale to proceed even with existing encumbrances, often by providing a way for the buyer to acquire a clear title, free from these burdens. This is done through procedures outlined in the Act, which deal with the payment or discharge of the encumbrances from the sale proceeds.

Option B is incorrect as it directly contradicts the purpose of Section 57.

Option C is incorrect because it incorrectly supports the false statement in Option B.

Option D is also incorrect as Option A accurately describes the object of Section 57.

This Question Belongs to Law >> Transfer Of Property Act

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