Deed of conveyance meaning1/25/2024 It is the duty of the buyer not only in the first instance to pay or tender the price but also to propose conveyance and tender it to the seller for execution. In an auction sale, the seller under Section 55 (1) (d) of T.P.A is statutorily obliged to execute Proper Conveyance of property. In the absence of an express term, the buyer has to pay the cost of the stamps. The Act makes no provision as to the cost of conveyance. Likewise, getting it duly registered, signing the sale deed, paying of stamp duty, getting all the relevant documents required in the transfer properly executed in favour of the buyer or the nominee whom the buyer nominates. This simply illustrates that the seller is bound to get the said Property entitlement transferred in the name of the buyer and perform the legal financial procedures involved. The phrase “ execute a proper conveyance” in section 55 (1) (d) of T.P.A means that the seller is bound by the law to follow relevant legal steps in order to complete the contract for sale. The clause (1) (d) of section 55 of T.P.A requires the seller to execute a Proper Conveyance of the property but only when the buyer tenders it to him for execution. On the contrary, the legislature has put on a revenue veil and served us with a gaudy piece of legislation that appears to be for the sole benefit of buyers but in fact serves the legislature’s intent. it clearly elucidates what the legislature intended by specifying the steps a seller should follow in case the transfer is subject to contrary and save the innocent junta from fraud, misleading, mischief after they have performed their part of contract like when they pay the said amount decided to the seller and the seller refuses to take any steps in the performance of his part of contract. Section 55 (1) (d) of the T.P.A places before us the liability of the seller i.e. It might be the case that the issue of terminology used in the said section for the phrase is central to all the perplexity which has driven the researcher to ponder and led him to elucidate on the terminology with the help of relevant case laws. This project research work shall throw light upon the phrase “ execute a proper conveyance” in section 55 (1) (d) of T.P.A which is not properly discussed or is not tacit in common legal fraternity. The phrase denotes the liability of the Seller to execute the documents, pay stamp duty, get the deed duly registered and signed and all other procedural requirements to duly transfer the property in favour of whomsoever and for which purpose the documents have been executed.” “ Editor’s Note: The paper deals with the meaning of the phrase “executing a proper conveyance” as used in Section 55(1)(d) of the Transfer of Property Act.
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