The Transfer of Property Act, 1882 provides for certain rights and liabilities of a seller in the absence of any contract to the contrary. Before the completion of the Sale, the seller is liable to disclose material defects in the property or in the seller’s title thereto, to produce title deeds, to answer questions as to title, to execute conveyance, to take care of the property and to pay outgoings. After the completion of the Sale, the seller is liable to give possession to the buyer, to covenant for title impliedly (since the covenant implies an absolute warranty of title) and to deliver title deeds on receipt of price. The seller shall be deemed to contract with the buyer that the interest which he transfers to the buyer subsists and that he has the power to transfer the same. If the buyer takes possession of the property before the completion of the sale, the seller is entitled to interest on the unpaid purchase money from the date on which the possession is taken.
