This document provides an overview of sale of immovable property under Section 54 of the Transfer of Property Act 1882 in India. Some key points:
- A sale is defined as the transfer of ownership of a property in exchange for a price paid, promised, or partly paid/promised. For immovable property valued over Rs. 100, transfer must be by registered instrument; under Rs. 100 it can be by delivery.
- Essentials of a valid sale include competent parties, immovable property as the subject matter, a money consideration that is paid, promised, partly paid or promised, and conveyance by registration or delivery as required.
- A contract for sale alone does not transfer ownership or create
(1) A void contract is one that is not enforceable by law, such as agreements made by incompetent parties or those with an unlawful object or consideration. A voidable contract remains valid until rescinded by the aggrieved party, such as those caused by coercion or fraud.
(2) Breach of utmost good faith in an insurance contract makes it voidable at the option of the aggrieved party.
(3) An enforceable contract can be enforced in a court, while a void contract cannot due to defects that make it unenforceable, such as lack of required writing or registration.
Section 118 & 119 of Topa, 1882- section 118/119DeliriumTooHigh
This document discusses the legal definition and requirements of an exchange transaction under Indian law. An exchange involves the mutual transfer of ownership of property, where neither money nor both things being exchanged are money. It requires two competent parties, mutual consent, and a transfer of ownership interest rather than payment. Remedies are available under Section 119 if one party does not receive proper title, including compensation or returning the originally transferred property. The document provides examples and case law rulings to illustrate exchanges and distinguishes exchanges from sales which involve payment of a price rather than transfer of property.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
The document discusses key concepts in contracts for the sale of goods under Indian law, including:
- A contract for the sale of goods involves the transfer of property in goods from a seller to a buyer for a price. It can be a sale (immediate transfer of property) or agreement to sell (future transfer).
- Essential elements are two parties (buyer and seller), goods to be transferred, and a price. The goods must be movable property.
- Conditions are essential terms, while warranties are collateral terms. Breach of a condition allows terminating the contract, while breach of a warranty only allows damages.
- Implied conditions include title, description, quality/fitness depending on context
SALE AS A MODE OF TRANSFER- Sections 54 to 57 of The Transfer of Property Act...Utkarsh Kumar
The document defines key concepts in property law like sale, tangible property, price, and discusses topics around contracts for sale, rights of buyers and sellers, and how ownership is transferred. It distinguishes between concepts such as sale vs exchange.
Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quas...Pawel Gautam
Quasi-contract is a binding obligation imposed by courts to prevent injustice or unjust enrichment where the technical requirements of a contract are not met. It involves a party being enriched at another's expense in an unjust manner. The document outlines 5 situations where quasi-contracts are recognized by law, including supplying necessities to incompetent persons, payment by an interested party, non-gratuitous acts, finder of goods responsibilities, and money/items paid by mistake or coercion. Examples are provided for each to illustrate how courts establish quasi-contractual obligations.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
(1) A void contract is one that is not enforceable by law, such as agreements made by incompetent parties or those with an unlawful object or consideration. A voidable contract remains valid until rescinded by the aggrieved party, such as those caused by coercion or fraud.
(2) Breach of utmost good faith in an insurance contract makes it voidable at the option of the aggrieved party.
(3) An enforceable contract can be enforced in a court, while a void contract cannot due to defects that make it unenforceable, such as lack of required writing or registration.
Section 118 & 119 of Topa, 1882- section 118/119DeliriumTooHigh
This document discusses the legal definition and requirements of an exchange transaction under Indian law. An exchange involves the mutual transfer of ownership of property, where neither money nor both things being exchanged are money. It requires two competent parties, mutual consent, and a transfer of ownership interest rather than payment. Remedies are available under Section 119 if one party does not receive proper title, including compensation or returning the originally transferred property. The document provides examples and case law rulings to illustrate exchanges and distinguishes exchanges from sales which involve payment of a price rather than transfer of property.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
The document discusses key concepts in contracts for the sale of goods under Indian law, including:
- A contract for the sale of goods involves the transfer of property in goods from a seller to a buyer for a price. It can be a sale (immediate transfer of property) or agreement to sell (future transfer).
- Essential elements are two parties (buyer and seller), goods to be transferred, and a price. The goods must be movable property.
- Conditions are essential terms, while warranties are collateral terms. Breach of a condition allows terminating the contract, while breach of a warranty only allows damages.
- Implied conditions include title, description, quality/fitness depending on context
SALE AS A MODE OF TRANSFER- Sections 54 to 57 of The Transfer of Property Act...Utkarsh Kumar
The document defines key concepts in property law like sale, tangible property, price, and discusses topics around contracts for sale, rights of buyers and sellers, and how ownership is transferred. It distinguishes between concepts such as sale vs exchange.
Introduction Of Quasi Contract , Meaning Of Quasi Contract ,Principle Of Quas...Pawel Gautam
Quasi-contract is a binding obligation imposed by courts to prevent injustice or unjust enrichment where the technical requirements of a contract are not met. It involves a party being enriched at another's expense in an unjust manner. The document outlines 5 situations where quasi-contracts are recognized by law, including supplying necessities to incompetent persons, payment by an interested party, non-gratuitous acts, finder of goods responsibilities, and money/items paid by mistake or coercion. Examples are provided for each to illustrate how courts establish quasi-contractual obligations.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
Looking to transfer a property? Property transfer is a complicated process and one shall be aware of the laws and practices. Additionally, one should know what kind of properties can be transferred and what kind of properties can not be transferred. Find out in this document.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
The document discusses the legal concept of consideration in contracts. It defines consideration according to Indian contract law as something given in exchange for a promise. Consideration must be real and lawful, and can be a benefit to the promisor or detriment to the promisee. There are some exceptions where consideration is not required, such as for natural love and affection between parties or compensation for past voluntary services. All agreements require consideration to be enforceable as contracts, unless they fall under one of the exceptions.
Contingent contracts are agreements that are dependent on the occurrence or non-occurrence of some future uncertain event, and performance under such contracts can only be enforced after the event in question has occurred or become impossible. The document outlines the essential elements and types of contingent contracts under Indian contract law, and explains the circumstances under which contingent contracts become void or enforceable.
The document discusses various aspects of consent and free consent as it relates to contracts under Indian law. It defines consent, free consent, and the effects of absence of consent and free consent. It also defines and discusses coercion, undue influence, fraud, misrepresentation, and mistake in the context of vitiating free consent in contracts. Specifically, it provides definitions from the Indian Contract Act, elements that constitute each concept, presumptions in certain cases, and effects on contracts, such as making them void or voidable.
The document provides definitions and explanations of key concepts in the Sales of Goods Act 1930 in India. It begins with a brief history of the Act and its origins in English law. It then defines important terms like buyer, seller, delivery, documents of title, goods, price and property. It discusses the formation of contracts of sale and agreements to sell. It also covers types of goods, modes of ascertaining price, conditions and warranties implied in contracts. Throughout it provides examples and explanations to clarify the concepts.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
This document provides an overview of Indian contract law, including definitions of key terms, sections of the Indian Contract Act of 1872, and types of contracts. It defines a contract, outlines essential elements like offer and acceptance, explains special contracts including indemnity, guarantee, and bailment. In under 3 sentences: The document discusses the basic concepts of contract law in India, summarizing definitions from the Indian Contract Act of 1872 and describing essential elements of a valid contract as well as special types of contracts relating to indemnity, guarantee, and bailment under Indian law.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
This document is a project paper submitted by Baby Ramya Muppirisetty to the Symbiosis Law School, NOIDA for their Law of Crimes II course. It provides an introduction and overview of the practice and procedure of framing criminal charges under the Code of Criminal Procedure of India.
The paper discusses the meaning and purpose of framing charges. It outlines the requirements for a valid criminal charge and compares the difference between the charge and the trial process. It also examines the scope of inquiry during charge framing, effects of errors in charges, rules regarding alteration and joinder of multiple charges. The document provides legal definitions and references court cases to support its analysis of the topic.
Essentials of acceptence and communication of offerMuneeb Ahsan
1. For a valid contract to be formed, there must be a lawful offer by one party and acceptance of that offer by the other party.
2. For an acceptance to be valid, it must meet several essential requirements - it must be given by the offeree, be absolute and unconditional, be communicated to the offeror, follow the terms of the offer if a manner of acceptance is prescribed, and be communicated within a reasonable time period if no time limit is specified.
3. A proposal involves making a willingness to do or abstain from doing something with the goal of obtaining agreement, and becomes an offer when proposed to another party. When the party receiving the proposal signifies agreement to it, this constitutes acceptance
The document summarizes the key aspects of the Registration Act of 1908 in India. It discusses (1) why the act was introduced - to record certain transactions and prevent fraud, (2) the classification of registrable documents into those requiring compulsory registration and those where registration is optional, (3) the time limits for registration, and (4) the effects of non-registration of documents that are required to be registered.
Performance of contract time and place of performacerichardkthomas
The document discusses rules regarding time and place of performance under the Indian Contract Act of 1872. It outlines 5 key sections:
1. When no time is specified, performance must be within a reasonable time.
2. If a specific day is set, performance can be done within business hours on that day without a request.
3. If a day is set and performance requires a request, the promisee must apply during business hours.
4. If no place is set and no request is needed, the promisor must contact the promisee to set a reasonable place.
5. Performance can be done in any manner prescribed by the promisee.
It also discusses circumstances when time
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
This document discusses the concept of marshalling assets, which allows a creditor to satisfy a debt from multiple properties mortgaged by a debtor in a specified order. It provides an example where a debtor mortgages two properties and sells one, so the creditor must satisfy the debt from the remaining property first before pursuing the property that was sold. The document emphasizes that marshalling is an equitable principle intended to protect buyers, and notes the conditions for it to apply, such as multiple properties mortgaged to the same creditor and at least one property being sold.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
A lease transfers the right to enjoy property for a certain time in exchange for consideration, creating an interest in the property. A license merely permits use of property without transferring interest, as legal possession remains with the owner. The key difference is whether the document intends to create an interest or merely permit use. While exclusive possession suggests a lease, the parties' intention determines if a lease or license is created based on the document's substance over form.
Sale of immovable property vaibhav goyalVaibhav Goyal
The document discusses sale of immovable property under the Transfer of Property Act in India. It defines sale as the transfer of ownership in exchange for a price, which can be paid upfront or promised to be paid. For a sale to be valid, it must be made through a registered sale deed if the property is worth Rs. 100 or more, or delivered if worth less. The rights and liabilities of buyers and sellers are also outlined, such as the seller's duty to disclose defects and deliver possession, and the buyer's duty to pay the purchase price. Contracts of sale are distinguished from final sales as they only confer certain equitable rights until a sale deed is executed and registered.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
1) Originally, sale and purchase of goods was regulated under the Indian Contract Act of 1872, but a separate Sale of Goods Act was passed in 1930 to overhaul the laws and meet modern needs.
2) The Sale of Goods Act defines a sale as a contract whereby the seller transfers ownership of goods to the buyer for a price. It distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers conditionally or at a future time.
3) For a contract of sale to be valid, there must be two parties, goods as the subject matter, transfer of
Looking to transfer a property? Property transfer is a complicated process and one shall be aware of the laws and practices. Additionally, one should know what kind of properties can be transferred and what kind of properties can not be transferred. Find out in this document.
This document provides an overview of the topics of Estoppel, Admission, and Confession under the Indian Evidence Act of 1872. It discusses key sections and case laws related to Estoppel (Sections 115-117), noting that Estoppel prevents contradicting prior statements in court. It defines Estoppel and examines the conditions for its application, including types of Estoppel. For Admission, it discusses relevant persons and Sections 21. For Confession, it discusses when confessions are irrelevant, to police, and in further discovery of facts, covering Sections 29-30.
The document discusses the legal concept of consideration in contracts. It defines consideration according to Indian contract law as something given in exchange for a promise. Consideration must be real and lawful, and can be a benefit to the promisor or detriment to the promisee. There are some exceptions where consideration is not required, such as for natural love and affection between parties or compensation for past voluntary services. All agreements require consideration to be enforceable as contracts, unless they fall under one of the exceptions.
Contingent contracts are agreements that are dependent on the occurrence or non-occurrence of some future uncertain event, and performance under such contracts can only be enforced after the event in question has occurred or become impossible. The document outlines the essential elements and types of contingent contracts under Indian contract law, and explains the circumstances under which contingent contracts become void or enforceable.
The document discusses various aspects of consent and free consent as it relates to contracts under Indian law. It defines consent, free consent, and the effects of absence of consent and free consent. It also defines and discusses coercion, undue influence, fraud, misrepresentation, and mistake in the context of vitiating free consent in contracts. Specifically, it provides definitions from the Indian Contract Act, elements that constitute each concept, presumptions in certain cases, and effects on contracts, such as making them void or voidable.
The document provides definitions and explanations of key concepts in the Sales of Goods Act 1930 in India. It begins with a brief history of the Act and its origins in English law. It then defines important terms like buyer, seller, delivery, documents of title, goods, price and property. It discusses the formation of contracts of sale and agreements to sell. It also covers types of goods, modes of ascertaining price, conditions and warranties implied in contracts. Throughout it provides examples and explanations to clarify the concepts.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
This document provides an overview of Indian contract law, including definitions of key terms, sections of the Indian Contract Act of 1872, and types of contracts. It defines a contract, outlines essential elements like offer and acceptance, explains special contracts including indemnity, guarantee, and bailment. In under 3 sentences: The document discusses the basic concepts of contract law in India, summarizing definitions from the Indian Contract Act of 1872 and describing essential elements of a valid contract as well as special types of contracts relating to indemnity, guarantee, and bailment under Indian law.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
This document is a project paper submitted by Baby Ramya Muppirisetty to the Symbiosis Law School, NOIDA for their Law of Crimes II course. It provides an introduction and overview of the practice and procedure of framing criminal charges under the Code of Criminal Procedure of India.
The paper discusses the meaning and purpose of framing charges. It outlines the requirements for a valid criminal charge and compares the difference between the charge and the trial process. It also examines the scope of inquiry during charge framing, effects of errors in charges, rules regarding alteration and joinder of multiple charges. The document provides legal definitions and references court cases to support its analysis of the topic.
Essentials of acceptence and communication of offerMuneeb Ahsan
1. For a valid contract to be formed, there must be a lawful offer by one party and acceptance of that offer by the other party.
2. For an acceptance to be valid, it must meet several essential requirements - it must be given by the offeree, be absolute and unconditional, be communicated to the offeror, follow the terms of the offer if a manner of acceptance is prescribed, and be communicated within a reasonable time period if no time limit is specified.
3. A proposal involves making a willingness to do or abstain from doing something with the goal of obtaining agreement, and becomes an offer when proposed to another party. When the party receiving the proposal signifies agreement to it, this constitutes acceptance
The document summarizes the key aspects of the Registration Act of 1908 in India. It discusses (1) why the act was introduced - to record certain transactions and prevent fraud, (2) the classification of registrable documents into those requiring compulsory registration and those where registration is optional, (3) the time limits for registration, and (4) the effects of non-registration of documents that are required to be registered.
Performance of contract time and place of performacerichardkthomas
The document discusses rules regarding time and place of performance under the Indian Contract Act of 1872. It outlines 5 key sections:
1. When no time is specified, performance must be within a reasonable time.
2. If a specific day is set, performance can be done within business hours on that day without a request.
3. If a day is set and performance requires a request, the promisee must apply during business hours.
4. If no place is set and no request is needed, the promisor must contact the promisee to set a reasonable place.
5. Performance can be done in any manner prescribed by the promisee.
It also discusses circumstances when time
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
This document discusses the concept of marshalling assets, which allows a creditor to satisfy a debt from multiple properties mortgaged by a debtor in a specified order. It provides an example where a debtor mortgages two properties and sells one, so the creditor must satisfy the debt from the remaining property first before pursuing the property that was sold. The document emphasizes that marshalling is an equitable principle intended to protect buyers, and notes the conditions for it to apply, such as multiple properties mortgaged to the same creditor and at least one property being sold.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
A lease transfers the right to enjoy property for a certain time in exchange for consideration, creating an interest in the property. A license merely permits use of property without transferring interest, as legal possession remains with the owner. The key difference is whether the document intends to create an interest or merely permit use. While exclusive possession suggests a lease, the parties' intention determines if a lease or license is created based on the document's substance over form.
Sale of immovable property vaibhav goyalVaibhav Goyal
The document discusses sale of immovable property under the Transfer of Property Act in India. It defines sale as the transfer of ownership in exchange for a price, which can be paid upfront or promised to be paid. For a sale to be valid, it must be made through a registered sale deed if the property is worth Rs. 100 or more, or delivered if worth less. The rights and liabilities of buyers and sellers are also outlined, such as the seller's duty to disclose defects and deliver possession, and the buyer's duty to pay the purchase price. Contracts of sale are distinguished from final sales as they only confer certain equitable rights until a sale deed is executed and registered.
The document provides an overview of the Sale of Goods Act of 1930 in India. Some key points:
1) Originally, sale and purchase of goods was regulated under the Indian Contract Act of 1872, but a separate Sale of Goods Act was passed in 1930 to overhaul the laws and meet modern needs.
2) The Sale of Goods Act defines a sale as a contract whereby the seller transfers ownership of goods to the buyer for a price. It distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers conditionally or at a future time.
3) For a contract of sale to be valid, there must be two parties, goods as the subject matter, transfer of
The document discusses key concepts in the Islamic economic system, including:
1) Tijarah (trade and commerce), the distribution of wealth, and the concepts of lawful (halal) and unlawful (haram) acts, which are guided by the Quran and hadith.
2) Several types of contracts and financial agreements recognized in Islamic law, such as sale transactions, contracts, partnership (including mudarabah), ijarah (leasing), and prohibitions against riba (usury).
3) Guidance on legitimate wealth and treatment of debt, including the concepts of amanah (trust), dayn (debt), and rahn (mortgage). Overall the system aims to
This document discusses key concepts relating to contracts for the sale of goods under Indian law. It begins by providing background on the Sale of Goods Act and then defines a contract of sale. The main elements of a contract of sale are that it involves the transfer of ownership of goods from a seller to a buyer in exchange for a price. The document goes on to distinguish between a sale, where ownership transfers immediately, and an agreement to sell, where transfer occurs later. It also discusses documents related to the sale of goods and implied conditions and warranties in contracts.
The document discusses key concepts from the Transfer of Property Act such as transfer of property, sale of immovable property, mortgage, lease, exchange, and actionable claim. It defines these terms and outlines some of the main provisions regarding transfer/registration requirements. For example, it notes that transfer of property is a concurrent subject, sale of immovable property over Rs. 100 must be by registered instrument, and mortgage allows a transferee to take possession of property in case of default in certain situations.
The document discusses various legal concepts related to property law and easements in India. It begins by defining an onerous gift as a gift subject to conditions imposed on the recipient. It then provides definitions for legal terms like charge, notice, ostensible owner, dominant and servient heritage. It also distinguishes between sale and contract of sale. The status of unborn children under property law is discussed, noting that an unborn child can own property and is considered a legal person for certain purposes like inheritance.
Special contracts,indemnity,guarantee,bailment,Pledge, agency, modes of creation of agency, sale of goods, hire purchase, rules of transfer of property in goods, delivery of goods, rights of an unpaid seller, auction sale, agency by estoppel,ratification,operation by law, express agreement, implied authority, agency by holding out, agency by necessity, Calicut MBA, MG University MBA
The document discusses key concepts from the Sale of Goods Act 1930 in India such as:
1. It defines goods, property, documents of title to goods, and distinguishes between sale and agreement to sell.
2. It outlines essential elements for a valid sale such as transfer of property, movable goods, price, and parties.
3. It explains differences between conditions and warranties, and remedies available to the buyer in case of a breach.
4. It provides details on formalities of a sales contract, subject matter that can form the basis of the contract, and effects of destruction of goods.
Saleof goods act, 1930,negotiable instrument,consumer protect actDr. Seema H. Kadam
The document discusses key concepts from the Sale of Goods Act 1930 in India. It defines goods, different types of goods, essential elements of a valid sale, differences between a sale and agreement to sell. It also covers implied warranties and conditions in a sale, exceptions to the caveat emptor rule, and circumstances where a non-owner can transfer valid title to goods.
This document outlines key concepts related to contracts of sale under Indian law. It defines important terms like buyer, seller, and goods. It explains the differences between a sale and agreement to sell, and distinguishes sales from other related concepts like hire purchase agreements, bailment, and contracts for work and materials. It also covers allowable subject matters for contracts of sale, relevant documents of title, and stipulations regarding time in sales contracts.
The document discusses key aspects of the Sale of Goods Act in India including:
- The Sale of Goods Act governs contracts for the sale of goods and was enacted in 1930. Previously, sale of goods was governed by the Indian Contract Act of 1872.
- A sale involves the transfer of ownership of goods from the seller to the buyer. An agreement to sell involves the future transfer of ownership subject to conditions.
- For a valid contract of sale there must be two competent parties (buyer and seller), goods must be movable property, consideration must be money in the form of a price, and ownership must be transferred from seller to buyer.
- The document outlines different types of goods like existing, future
This document provides an overview of key concepts in civil law related to sales, including definitions of sale, contract to sell, conditional sale, barter, dation in payment, and price. It defines a sale as a contract whereby one party transfers ownership of a determinate thing in exchange for a certain price paid by the other party. A contract to sell differs in that ownership is reserved by the seller until full payment of the purchase price. The document outlines essential elements, natural elements, and accidental elements of a sale, as well as characteristics such as being principal, consensual, bilateral, and onerous. It also distinguishes between a sale and related contracts such as agency to sell, contract for piece of work, and
This document provides an overview of key concepts in civil law related to sales, including definitions of sale, contract to sell, conditional sale, barter, dation in payment, and price. It defines a sale as a contract whereby one party transfers ownership of a determinate thing in exchange for a certain price paid by the other party. A contract to sell differs in that ownership is reserved by the seller until full payment of the purchase price. The document outlines essential elements, natural elements, and accidental elements of a sale, as well as characteristics such as being principal, consensual, bilateral, and onerous. It also distinguishes between a sale and related contracts such as agency to sell, contract for piece of work, and
The document discusses negotiable instruments under Indian law. It defines a negotiable instrument as one that is freely transferable from one person to another. The three main types of negotiable instruments specified in the Negotiable Instruments Act are promissory notes, bills of exchange, and cheques. Other instruments like railway receipts and pay orders have also become negotiable by custom. The key elements of a promissory note are also summarized, including that it must contain an unconditional promise to pay a sum of money to a specified person.
The document defines a sales agreement as a contract where property is transferred from the seller to the buyer for a fixed price. It distinguishes between a sale, where ownership transfers immediately, and an agreement to sell, where ownership transfers at a future time or upon fulfillment of conditions. A condition allows the aggrieved party to terminate the contract if breached, while a warranty only allows a claim for damages. The essential elements of a contract of sale are the parties, goods, transfer of property, price, and whether it is an absolute or conditional sale.
The document discusses various aspects of negotiable instruments law in India including:
1) It defines key negotiable instruments like promissory notes, bills of exchange, and cheques.
2) It explains the requirements for an instrument to be considered negotiable as well as distinguishing features of a holder versus a holder in due course.
3) It covers topics like negotiation, endorsements, crossings, liability of parties, and procedures for dishonour of bills.
This document provides an overview of the Sale of Goods Act 1930 in India. It defines key terms like "sale" and "agreement to sell" and outlines the essential elements of a contract of sale. A sale involves the immediate transfer of ownership of goods from the seller to the buyer in exchange for payment. An agreement to sell establishes that this transfer will occur at a future date or once certain conditions are met. The document compares and contrasts sales with agreements to sell on factors like the nature of the contract, transfer of risk/title, tax implications, and remedies available in a breach. It concludes with thanking the reader for their time.
Mortgage is French term which means ‘death contract’. The term death contract means that the pledge (promise, bailment, and guarantee) ends only when the loan is repaid, the obligation is fulfilled or when the borrower takes over and/or sells the collateral, the mortgaged property by way of foreclosure. According to the Bouvier’s Law Dictionary (8th) Edition, “Mortgage” is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance. Mortgage works as a security of the loan amount. It is way to secure profit for the bank and/ financial institutions and it is the way of getting loans for the common people, builder and/or company, firm etc.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
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This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
2. What is sale?
Property can be transferred through different
modes, that is through sale, mortgage, lease,
gift, exchange etc. Under the Transfer of
Property Act 1882, section 54 states that
sale is defined as the transfer of ownership
of a property in exchange for a price paid or
promised or partly paid or part promised.
3. To understand the word sale U/S 54 , some words are necessary to
interpret ….
Section 3 of the Act is the Interpretation-clause, which
provides for the meaning of key terminologies –
Immovable property – does not include standing timber,
growing crops or grass,
Instrument – means a non-testamentary instrument. The
instrument is a written document, a formal or legal document in
writing, such as a contract, deed, bond or lease or anything
reduced to writing.
Registered – register is a book containing a record of facts as
they occur, kept by public authority. A document cannot be said
to have been duly registered if the registration has been made in
contravention of the provisions of the Registration Act.(Nahar Lal
v. Brijnath 1928 AC 385)
Attached – is a term describing the physical union of two
otherwise independent structures or objects, or the relation
between two parts of a single structure, each having its
function.(National Brake & Electric Co. v. Christensen, CCA
Wis. 229 F 564, 570)
4. Section 5 – Transfer of property defined
“transfer of property” means an act by which a
living person conveys property, in present or
future, to one or more other living persons, or to
himself and one or more other living persons;
and “to transfer property” is to perform such act.
5. WHAT MAY BE TRANSFER U/S 6
The immovable property can be tangible or intangible. Under section 6 a property
of any kind may be transferred except the following-
1. A transfer of spes succession
2. The right of re-entry
3. Easement
4. Restricted interest which could be right to future maintenance
5. A right to sue
6. Public office
7. Pension or stipends allowed to the military, air force, naval and civil
pensioners of the government
8. A transfer for an unlawful purpose or consideration
9. Statutory prohibitions on transfer of interest
The Official Assignee Of Madras vs Sampath AIR 1933 Mad. 795
the court held that when a mortgage is executed by a heir is void eventhough the
heir subsequently acquires the property as spes succession. Hence a transfer of
property subject to spes succession is void.
6. Some of the means of transfer of property
from one person to another are – by sale, or
by exchange, or by gift, or by adverse
possession, and in some cases, even by a
decree of the Court.
Section 54 of the Act defines ‘sale’ and specifies
how a sale of immovable property may be made.
Herein, sale refers to the sale of immovable
property whether tangible or intangible.
Sale is a transfer of ownership for a money
consideration. It implies an absolute transfer of all
rights in the property sold. No rights in the
property sold are left in the transferor.
7. Section 54
‘Sale’ is a transfer of ownership in exchange for a price
paid or promised or part-paid and part-promised.
Sale how made – Such transfer, in the case of tangible
immovable property of the value of one hundred rupees
and upwards, or in the case of a reversion or other
intangible thing, can be made only by a registered
instrument.
In the case of tangible immovable property of a value
less than one hundred rupees, such transfer may be
made either by a registered instrument or by delivery of
the property.
Delivery of tangible immoveable property takes place
when the seller places the buyer, or such person as he
directs, in possession of the property.
8. Contract for sale – A contract for the sale of
immovable property is a contract that a sale of
such property shall take place on terms settled
between the parties.
It does not, of itself, create any interest in or
charge on such property.
9. Elements of Sale
Transfer of ownership – ownership is the aggregation of
all the rights and liabilities in a property. When there is the
transfer of ownership, the aggregation or total of all rights
and liabilities in a property are transferred from transferor
to the transferee.
Money consideration – the ‘price’ that is referred to in
section connotes to money consideration. Where the
ownership of property is transferred in consideration for
money it amounts to sale but if it is transferred for
anything else it amounts to exchange.
Section 54 Provides that contract for sale of itself does not
create any interest in or charge on such property
(Bhabani Sarma v. Narayan Sarma, AIR 2003 Gau 171.)
10. . Essentials of a sale
Parties
In a sale, there must be in the least two parties. The person who transfers
his/her property is known as the transferor/seller/vendor and the person to
whom the property is transferred is known as the transferee/buyer/vendee.
Competency
For a valid sale both the buyer and seller have to be competent on the date of
the sale.
a. Seller
The seller must have the ownership of the property which he is going to
sell.(Gangotri Bai v. Jeevarkhan Lal, AIR 2006 Chh. 88)
The seller must have a legal title to it only then he can sell the property.[Arjuna
Subramanya Reddy v. Arjuna China Thangavelu AIR 2006 AP 362)
The seller must be competent to contract.[N. Ramchandran v. M.
Nayanamalai, (2007) 3 MLJ 910)
He must not be a minor
He must not be of unsound mind.
He must not be statutorily incompetent – This refers to incompetency under the
law for example when a person is declared insolvent his property bestowed on
the person who recovers he is indebted to in this case the property is legally
reserved for the recovery of debt.
The seller may be a natural person/juristic person, for example, corporations or
another legal person.
11. Buyer
The buyer must be competent to receive the ownership of the
property.
The buyer should not be disqualified from buying the
immovable property by any law in force at the time of the sale
– for example under section 136 of the Act, a judge, e legal
practitioner or an official of the court is incompetent to
purchase actionable claims.
The seller may be a natural person/juristic person, for
example, corporations or other legal person.
Subject – matter
Sale under Transfer of Property Act, 1882 specifically deals
with sale of immovable property. Immovable property
includes the benefits arising out of the land and the things
attached to the earth except for standing timber, growing
crops and grass.
The right to catch and carry away fish is a ‘profit pendre’ and
construed as immovable property.
12. Money consideration
Price is an essential element of the sale.
Where, by the transfer, the vendor is getting rid of the
liability to pay a certain sum, it cannot be said that there is
no consideration for the sale.[.[Alama Chand v. Chhajju,
AIR 1923 All 530, 531, Col. 2 : ILR 45 All 559 : 74 IC
339.
An agreement between the parties cannot be rendered
nugatory on the ground that the consideration was not
adequate. Sheo Shankar Kr. Khetan v. Widow of Late
A. Prasad, (2007) 3 BLJR 2936 (Pat).
The price paid and price promised to stand on equal
footing as regards the transaction of a sale. There is
nothing illegal, or contrary to public policy if the parties
agree that the payment of the consideration shall be
postponed in certain events, or that it shall not be paid at
all if the property is lost.
13. Therefore, a stipulation in a sale-deed that the price will
be paid within one year, provided that possession is
obtained within that time, and that if possession is not
so obtained then the payment of the price will be
postponed, or that in the event of the vendee not
getting the property, the price will not be paid at all. In
all the above cases, the deed is a sale-deed within the
meaning of the section.[Umakanta Das v. Pradip
Kumar Ray, AIR 1983 Ori 196)
If from the recitals in the sale deed it appears that title
would pass after payment of full consideration, the
inference would be that until the consideration is paid,
there is no transfer.
14. The consideration for the sale must be paid,
promised, part paid or part promised
Price is a consideration paid for the transfer of
property. Therefore price is money but not
necessarily money immediately paid in notes and
coins, it includes money which might be already
due or payable at a future date.
A transfer is not a sale if no price is paid or
promised or partly paid or promised. The
transaction under sale without consideration will
not amount to gift unless evidence is adduced for
it nor can it be an exchange if the transferor does
not transfer ownership of the property.
15. A sale can be executed orally, there is no
mandatory requirement of being transferred
through a written document.[Official Assignee Of
Madras vs Sampath AIR 1933 Mad. 795)
In the case of Nalamathu Venkaiya v. B.S.
Neelkanta,[AIR 2005 AndhPra 535) The court
held that payment of consideration is of the
essence when a transfer of property is made
through a sale. The time of payment of
consideration is not material. Consideration may
be promised or paid at a future date.
16. Conveyance
Section 54 provides for two modes for transfer of
property –
Delivery of possession – Where the property us the
tangible immobile property of the value of one hundred
rupees and upwards transfer can be made only by a
registered instrument. Where the property is tangible
immovable property of a value of less than one
hundred rupees, its transfer may be made either by a
registered instrument or by delivery of property.
Delivery of tangible immovable property takes place
when the seller puts the buyer or such person as the
buyer directs in possession of the property.
Registration of sale deed – Where the value of the
tangible immovable property is Rs. 100 or more, the
sale of such property requires registration of the deed.
Where the property is intangible immovable property of
any valuation, it will require registration for completion
of sale.
17. Registration
A combined reading of section 8 and 54 of the Transfer of
property act, 1882 suggests that through execution and
registration of a sale deed, the ownership and all interests
in the property pass to the transferee, yet that would be
on terms and conditions embodied in the deed indicating
the intention of the parties. The intention of the parties can
be gathered from the averments in the sale deed itself or
by other attending circumstances.
Registration is the prima facie proof of the intention of
the seller that he wanted to transfer the ownership on
the date of the execution.
Where the sale is to be completed only by the registered
instrument, the ownership is deemed to pass on the
execution of the sale deed, not on the registration of the
deed. The sale deed transferring immovable property of
the value of 100 or more requires registration under Indian
Registration Act 1908.
18. Mode of execution of sale
A property must be transferred by sale when it is
executed by the transferor in writing and is attested and
registered. When a property is of a lower value the sale
can be completed by delivery of the property.
Due to minimal value, the formality of registration and
attestation is not mandatory, however, in a sale a property
of a value less than rupees hundred the formalities
required are optional. [Arjuna Reddy v. Arjuna C
Thanga, (2006) 7 SCC 756)
Hence a sale under the Act only pertains to immovable
property and not movable property.
Once registration, attestation and a document in writing
called as the sale deed is executed the transfer of
immovable property in form of sale is completed and will
be binding on both the parties to the sale.
19. Contract for Sale
A contract of sale must be based on a mutual agreement
between the seller and the buyer. Misabul Enterprises v.
V. Srivastava, AIR 2003 Del. 15.
Section 54 states that a contract for sale of immovable
property or an agreement to sell is a contract that a sale
of such property shall take place on terms settled between
the parties. It does not of itself create any interest in, or
charge on such property.[Raheja Universal Ltd. v. NAC
Ltd., 2012 4 SCC 148)
This is different in English law, wherein a contract for sale
transfers an equitable estate to the purchaser, but this rule
is not applicable in India. A contract for sale does not
confer any title in immovable property.
20. Sale Contract for sale
There is a transfer of ownership
There is merely an agreement
for the sale of property in terms
agreed between parties.
Conveys a legal title to the
buyer.
Does not create any interest in
the property.
Creates a right in rem Creates a right in personam
Mandates registration where
sale is of immovable property of
Rs. 100 or more.
Does not require registration.
/
21. Rights of the buyer [Section 55(6)]
Under section 55 (6)(b) before the completion of the sale the
buyer is entitled to the charge on the property for the
consideration paid by him in anticipation of the delivery.
He is further entitled to interest on the purchase money and also
to the earnest cost awarded to him in a suit to compel specific
performance of the contract or to obtain a decree for its
rescission in case he properly declines to accept the decree.
The buyer’s charge is a statutory charge and not
contractual.[P.Muthusamy vs K.Arumugam AIR 2016)
The agreement should be genuine to obtain a charge on the
property.[T.N. Hardas Vs. BabulalAIR 1973 SC 1363)
Such a charge is enforceable not only against the seller but
against all the people that are claiming under it.
Under section 55 (6)(a) after the completion of the sale, the
buyer is entitled to the benefit of any improvement or increase in
the value of the property. He is also entitled to the rents and
profits resulting from the property.
22. Rights of the seller [Section 55 (4)]
Under section 55(4)(a) before the completion
of the sale, the seller is entitled to all the rents
and profits before the ownership of the
property passes to the buyer.
However, after the completion of the sale, the
seller is entitled to charge upon the property
when the whole or a part of the purchase
money is unpaid and the ownership of the
property has passed to the buyer under
section 55(4)(b).
23. Liabilities of the buyer [Section 55 (5)]
The buyer is bound to disclose to the seller any fact as to
the nature or extent of the seller’s interest in the property
of which the buyer is aware and the seller is not aware
and which materially increases the value of such interest.
However, the omission to make such disclosure amounts
to fraud.
The buyer is entitled to pay the purchase money to the
seller or anyone else as he directs.
After the completion of the sale, the buyer is liable for the
loss arising from destruction, injury or decrease in the
value of the property.
The buyer is liable to pay public charges and rents arising
from the property. He is also liable to pay any principal
money due to any encumbrances subject to which the
property is sold and the interest resulting thereon.
24. Liabilities of the seller [Section 55]
The seller is bound to disclose any material defect in the
property or the title of which the buyer is not aware or with
ordinary care cannot discover.
The seller is liable to produce all documents of title
relating to the property to the buyer for examination.
The seller is further liable to answer all relevant questions
put to him by the buyer with respect to the property and its
title, and give answers to the best of his information.
The seller on receiving the purchase price from the buyer
has to execute a proper conveyance of the property at a
proper time and place.
The seller is liable to take proper care of the property and
all relating documents as a man of ordinary prudence
would take between the date of the contract of sale and
the delivery of the property.
25. Seller is also liable to pay all public charges, rents and
interests due up to the date of sale. He is also liable to
discharge all encumbrances on the property existing on
the property.
After the completion of the sale, the seller is liable to give
to the buyer the possession of the property.
Seller is further liable to deliver to the buyer all documents
of title relating to the property after the receipt of the
purchase money. However, when the seller retains the
part of a property he entitled to retain all documents.
When the property is sold in parts to different buyers, the
buyer of the highest value is entitled to retain the property
documents.
The seller is deemed to contract with the buyer that the
interest which the seller professes to transfer to the buyer
subsists and he has the power to transfer the same. That
is he is bound to give a covenant for the title of the
property.
26. In the case of Nathu Khan v. Burtonath Singh,[AIR
1922 PC 176) the court held that under section
55(1)(g) if a sale deed contains a declaration stating
the property is free from any encumbrances, when
the property is subject to a mortgage charge, the
buyer will be compelled to discharge the mortgage
debt to protect his property from the charge holders,
which is purchased by him. However, the seller will
be liable to pay the money paid by the buyer in lieu
of the charge.
27. Hence a sale of an immovable property
between competent parties is executed by a
registered instrument for a consideration in the
form of money which is paid, part paid,
promised or partly promised. There as several
rights and liabilities of the buyer and the seller
resulting from the sale of immovable property.