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    Question

    Which of the following is NOT a duty of the seller as

    per the Transfer of Property Act?
    A To disclose any material defect in property Correct Answer Incorrect Answer
    B To answer questions in respect to title Correct Answer Incorrect Answer
    C To produce documents of title for examination Correct Answer Incorrect Answer
    D None of the above Correct Answer Incorrect Answer

    Solution

    All the above mentioned are duties of seller as per section 55 of TP Act: The seller is bound— a)      to disclose to the buyer any material defect in the property of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover; b)     to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power; c)      to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto; d)     on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place; e)      between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents; f)       to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits; to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.

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