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Transfer of Property Act

Shashank 
on 17 May 2019

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A entered into a contract with B for the sale of a property. As per the contract, A was required to pay six instalments of 100000 to B on 1st of every month starting from January to June. These instalments were required to be paid on the first day of each month without any failure. The payments from January to May were made on time. But, in June, A made the payment on 3rd June. Although B has accepted the payments and issued the receipts, but he refused the transfer of property’s title to A arguing that A has breached the agreement by not paying the instalment of time.

Which option is true in this case:

a) A is not entitled to the possession, because he failed to make the payment on time. 

b) Fine will be imposed on A for the breach of contract.

c) A will be entitled to possession of the property due to the existence of waiver.

d) None of the above


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