Property Sale Dispute Resolution

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Summary

Under the Transfer of Property Act, 1882, Section 55 outlines the rights and liabilities of buyers and sellers. The seller must pay public charges up to the sale date, and the buyer is liable thereafter. If the sale deed explicitly states the buyers responsibility for taxes, the buyer must comply. The seller can initiate a civil suit for breach of contract and use the sale deed as evidence. The Doctrine of Election under Section 35 does not apply here as the buyer agreed to the liabilities.

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Lord Lyce
Hello Lord Lyce, it's nice to meet you. How can I assist you with your legal issue today?
Eg A created deed of property and sale to b the buyer now A explicitly mentioned if B wanted to purchase a property it had to took all liability for it too including loans and taxes and property expenses B agreed but after deal B refuse to pay taxes for the property he claim as A posses vested interest it's his domestic responsibility not mine I just purchase property now dispute arises in court solve it with using Transfer of Property Act, *?(* marks)
Under the Transfer of Property Act, *:
*. Section *(*)(g) states that the seller is bound to pay all public charges and rent accrued due up to the date of the sale, the buyer is liable henceforth.
*. According to Section *(*), the buyer is bound to bear the expenses of obtaining a proper conveyance of the property.
*. Any conditions contrary to the Act, if not accepted explicitly at the time of agreement, are invalid.
Hence, B is liable to pay the taxes after the property purchase.
what is section *
Section * of the Transfer of Property Act, *, pertains to the rights and liabilities of both buyer and seller during a property transfer. It covers aspects like payment of price, delivery of property, payment of public charges, and more. In essence, it outlines the responsibilities of both parties in the property sale.
what remedies A have?
A has the following legal remedies:
*. A can initiate a civil suit against B for breach of contract.
*. If the deed of sale explicitly states B's responsibility to pay taxes, A can use this as evidence.
*. A can also invoke Section * of the Transfer of Property Act, *, to argue B's liability.
Can B use Doctrine of election for justification?
The Doctrine of Election, under Section * of the Transfer of Property Act, *, refers to a situation where a person cannot accept and reject the same instrument. However, in this case, it may not apply as B has agreed to take over the liabilities during the property purchase. This doctrine is more applicable in cases of wills.