THE TRANSFER OF PROPERTY ACT 485
- If property is sold free from incumbrances, the seller must discharge it. If sold, subject to incumbrances, then the interest on incumbrances upto sale must also be paid by the buyer— 26 Bom. S. R. 942.
RIGHTS OF BUYER AND SELLER
RIGHTS OF THE SELLER
I. B EFORE C ONVEYANCE
Section 55 (4) (a)— To take rents and profits.
Until conveyance, the seller continues to be the owner. Therefore, he has a right to take rents and profits of the property.
II. A FTER C ONVEYANCE
Section 55 (4) (b)— To claim charge on property for price not paid.
If the sale is completed by conveyance and the price or any part of it is unpaid, the seller has under this subsection a charge for the price or for the balance.
The charge is a non-possessory charge i. e. it does not give a right to retain possession. As the ownership has passed, the charge gives the seller no right to refuse possession— 30 Mad. 524 ; 43 Mad. 712 ; 23 Bom. 525 ; 34 Mad. 543.
The charge being on the property, it does not matter if there are several purchasers who had agreed among themselves to pay in a certain proportion.
The claim for a charge for unpaid price, not only subsists against the original buyer, but is also available against a transferee without consideration or a transferee with notice of non-payment.
The charge is not only for the purchase money but also for interest on the purchase money.
The right to a charge for interest commences only from the date on which possession has been delivered. The right to include interest for the purposes of a charge on the property before