In a usufructuary mortgage: (1) The mortgagor has the right to recover the mortgaged property, deed, and documents when the mortgage money is paid from rents and profits as authorized. (2) The mortgagor also has this right when the term for paying the mortgage money has expired, and they pay or tender the remaining balance to the mortgagee or deposit it with the court.

1. 62. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of
the property together with the mortgage-deed and all documents relating to the mortgaged
property which are in the possession or power of the mortgage,-
(a) where the mortgagee is authorised to pay himself the mortgage-money from the rents
and profits of the property, - when such money is paid;
(b) where the mortgagee is authorised to pay himself from such rents and profits or any part
thereof a part only of the mortgage-money – when the term, if any, prescribed for the
payment of the mortgage-money has expired and the mortgagor pays or tenders to the
mortgagee the mortgage-money or the balance thereof or deposits it in Court as
hereinafter provided.
A ‘Contract of Sale‘ is a type of contract whereby one party (seller) either
transfers the ownership of goods or agrees to transfer it for money to the other
party (buyer). A contract of sale can be a sale or an agreement to sell. In a
contract of sale, when there is an actual sale of goods, it is known as Sale
whereas if there is an intention to sell the goods at a certain time in future or
some conditions are satisfied, it is called an Agreement to sell.
Both sale and agreement to sell are types of contract, wherein the former is an
executed contract whereas the latter represents an executory contract. Many
law students get confusedamidst these two terms, but these are not one and
the same. Here, in the article given below, we’ve explained the difference
between sale and agreement to sell, check it out.
A sale is a type of contract in which the seller transfers the ownership of goods
to the buyer for a money consideration. Here the relationship amidst the seller
and buyer is of creditor and debtor. It is the result of an agreement to sell
when the conditions are fulfilled and the specified time is over.
Definition of Agreement to Sell

2. An agreement to sell is also a contract of sale of goods, in which the seller
agrees to transfer goods to the buyer for a price at a later date or after the
fulfilment of a condition.
When there is a willingness of the both the parties to constitute a sale i.e. the
buyer agrees to buy, and the seller is ready to sell the goods for monetary
value. In an agreement to sell the performance of the contract is done at a
future date, i.e. when the time elapses or when the necessary conditions are
satisfied. After the contract is executed, it becomes a valid sale. All the
necessary conditions required at the time of sale shouldexist in the case of an
agreement to sell too.
BASIS FOR
COMPARISON
SALE AGREEMENT TO SELL
Meaning When in a
contract of
sale, the
exchange of
goods for
money
consideration
takes place
immediately, it
is known as
Sale.
When in a contract of sale the parties to
contract agree to exchange the goods for
a price at a future specified date is
known as an Agreement to Sell.
Nature Absolute Conditional
Type of Contract Executed
Contract
Executory Contract

3. BASIS FOR
COMPARISON
SALE AGREEMENT TO SELL
Transfer of risk Yes No
Title In sale, the
title of goods
transfers to the
buyer with the
transfer of
goods.
In an agreement to sell, the title of
goods remains with the seller as there is
no transfer of goods.
Right to sell Buyer Seller
Consequences of
subsequent loss
or damage to the
goods
Responsibility
of buyer
Responsibility of seller
Tax VAT is charged
at the time of
sale.
No tax is levied.
Suit for breach of
contract by the
seller
The buyercan
claim damages
from the seller
and
proprietary
remedy from
Here the buyerhas the right to claim
damages only.

4. BASIS FOR
COMPARISON
SALE AGREEMENT TO SELL
the party to
whom the
goods are sold.
Right of unpaid
seller
Right to sue
for the price.
Right to sue for damages.
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between-sale-and-agreement-to-
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