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Article: Indian Law governing the Hire Purchase agreement

Article: Indian Law governing the Hire Purchase agreement Hire Purchase Agreement Indian Law

Article: Indian Law governing the Hire Purchase agreement Hire Purchase Agreement Indian Law

Hire Purchase Agreement Indian Law

A hire contract, is governed and regulated by the provisions mentioned in Chapter IX of the Indian Contract Act. Various day to day purchases of consumer durables like Computers, Motor Vehicles, Household appliances like Televisions, Refrigerators, etc. are covered in this. Also, purchase of machinery in the industrial sector is covered by this method only.

The basic principle facilitating it is that the installment, which is determined becomes the Hire (rental) till the full installments are paid as part of the agreement. Once, the period is decided between the Hirer (purchaser) can pay a nominal amount to become the owner of the goods.

Salient features of Hire-Purchase Agreement

Kinds of Hire-Purchase Agreements

These are mainly of two types:

How the Nature of Agreement is determined?

It is the terms of the agreement which determines the true nature of the agreement. Also, the court unless prohibited by statute can go behind the document to determine the true nature of the documents.

If the hirer (purchaser) who desires to purchase the goods, but does not have sufficient money for purchasing the same, borrows the amount from the third party and pays it over to the vendor, the transaction between the purchaser and lender will be treated as a loan transaction. This does not change the nature of the transaction if the lender himself is the owner of the goods and the purchaser promises him to pay the balance money against the delivery of goods.

Ways in which Hire-purchase agreement can be terminated

Remedies available in case of breach of the contract

In case of breach of the hire-purchase agreement, the owner has the right to:

Is it mandatory to get the hire-purchase agreement registered?

It is not mandatory to get a hire-purchase agreement registered, as no immovable property is involved in this case.

 

 

 

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