Examveda

Within the meaning of provrsions of the section 55(4)(b) of the Transfer of Property Act, 1882, where the title in the property has passed, but possession has not been delivered, the seller is not entitled to:

A. Interest on the purchase price

B. Possession of property

C. Only (B) is right

D. None of the above

Answer: Option B

Solution (By Examveda Team)

Section 55(4)(b) of the Transfer of Property Act, 1882: This section deals with the consequences when the ownership of property is transferred but the actual possession isn't handed over to the buyer. It essentially outlines the rights and liabilities of the seller in such a situation.

Defining Key Terms:
Title: Legal ownership or right to ownership of a property.
Possession: The actual control and physical occupancy of the property.

Explanation of the Correct Answer:
The correct answer is Option B: Possession of property.
Section 55(4)(b) states that when the title passes to the buyer but possession remains with the seller, the seller is not entitled to retain possession of the property. The seller's right to the property ceases once the title transfers, even if physical possession hasn't yet been delivered. The buyer, having become the legal owner, has the right to demand possession.

Why other options are incorrect:
Option A: Interest on the purchase price: The seller is entitled to interest on the purchase price if the buyer has not paid the price yet, even after the title has passed. Section 55(4)(b) doesn't negate this right. The right to interest arises from the buyer's delay in payment.
Option C: Only (B) is right: While Option B is correct, Option A is not necessarily wrong. Therefore, Option C is incorrect.
Option D: None of the above: This is incorrect as Option B is clearly the correct interpretation of the provision.

In essence, Section 55(4)(b) highlights that the transfer of title is distinct from the transfer of possession. The seller's right to the property ends with the transfer of title; only the buyer has the right to demand possession thereafter.

This Question Belongs to Law >> Transfer Of Property Act

Join The Discussion

Related Questions on Transfer of Property Act