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Writer's pictureLead India
Nov 15, 20224 min read

WHAT TO DO IF I SOLD MY PROPERTY TO A CRIMINAL?

According to Section 54 of the Transfer of Property Act of 1882, the sale of transfer is "the exchange of ownership for a price paid or promised or part-paid or part-promised." In essence, a sale involves the complete transfer of all rights to the sold property. To understand the legal provisions involved with the sale of a property, it is advised to seek the legal advice from the property lawyers in Mumbai or your own city.


A sale is of two kinds-

  • In case the value of the tangible immovable property is Rs. 100 or more or in the case of an intangible thing, the sale has to be made through Registered Instrument.

  • In case the value of the tangible immovable property is less than Rs. 100, sale could be made by delivery of the possession, which could be understood as completed when the seller of the property handovers the possession of the property to the buyer or to the person he so directs.

In case you need to resolve the issues related to the property and understand the complexity of the matter, it is advised to seek the advice from top criminal lawyers in Delhi or the property lawyers in Mumbai or lawyers in your own city. Lead India offers you a team of experienced advocates who could help you with the same.

The elements required for the Transfer of Sale

  • The parties to the Contract- the parties to sale-

  1. The transferor

  2. The transferee

The transferor is the seller of the property while the transferee is the one who buys it. The contract of sale is based on mutual agreement between the seller and the buyer.

  • The Subject matter- of the contract should only be immovable property as provided under Section 54 of the Act. The immovable property could be tangible or intangible. A property which could be touched is called tangible property while the property which could not be touched is intangible property, for example right of fishery.

Kinds of sale transfer

The two kinds of sale transfer are-

  • Through a registered instrument

  • Delivery of possession.

Seller- rights and duties


The rights and duties of the seller are based on the contract. Section 55 of the Act provides for the rights and duties of the seller as well as the buyer, which have been mentioned as under-


Duties of seller prior to sale-

  • The seller of the property should disclose all the material defects to the buyer about the property which he may not be aware of.

  • The seller of the property is bound to produce all the documents related to the property to the one who is buying it if he asks for the documents not in the possession of the seller.

  • The seller should answer all the questions to the best of his knowledge, which have been asked by the buyer with respect to the property.

  • The seller has to take care of the property from the date of sale of property to the date of delivery of property as well as to take care of the documents of the property.

  • The seller should pay all the charges, rent or any government due on the property up to the date of the sale of property.

Duties of the seller post sale-

  • After the sale of the property, it is the duty of the seller to give possession of the property to the buyer.

  • The seller is bound to deliver all the documents related to the property to the buyer.

Seller’s rights before the sale-

  • The provision of Section 55(4) (a) of the Act, provides for the seller’s rights to receive all the rents and profits of the property.

Seller’s rights after the sale-

  • The seller of the property has the right to lien or charges on the property, if any amount is pending to be paid by the buyer. As provided under the Section 55 (4)(b), in case the price of the property has not been completely paid, the seller can refuse the delivery of the possession of the property or can also claim the possession of the property if he has already given it.

  • Also the seller has been given the right to recover unpaid money from or out of the property.

Conclusion-

Mentioned above are some of the rights and duties of the seller, as well as the correct procedure to be followed while selling a property. You can seek the advice of experienced rera lawyers in Chennai while selling your property.

Also, in case the property has been sold to a criminal, one can seek further assistance from the top criminal lawyers in Delhi so as to understand it in a better light if any legal provision has been violated. Lead India offers you an experienced team of property lawyers who have been successfully handling the cases related to property laws as well as the procedure involved with the buying or selling of the property.


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