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In certain areas, the zamindar has a customary right to recover one-fourth of the sale consideration for a house sold by the riyaya. This is a customary right of antiquity mentioned in the wajibularz of the village. It is based not on contract or encumbrance, but arises only on sale. The riyaya has no saleable interest in a house in an agricultural village, but such a right is given to him on the understanding that if he leaves or abandons it, the zamindar gets one- fourth as zare chahorum. This custom was acknowledged because in settling the house, the zamindar had to make certain investments. The custom is not unreasonable or opposed to law. Which of the following statement will apply?
The transaction will attract provision of section 55 of the Transfer of Property Act, 1882
The transaction will be saved by section 2(c) of the Transfer of Property Act, 1882 from the operation of section 55 of the act
The transaction is in form of customs, and customs and usage supersede the provisions of the Transfer of Property Act, 1882
The transaction is in forms of customs, and provisions of the Transfer of Property Act, 1882 supersede the customs and usage
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