(c) “sales contract,” a sale agreement and a sale; In the case of a sale, when the goods are destroyed, the loss falls on the buyer, even if he does not have effective possession of the goods. In cases where you have acquired and taken possession of a property under a sale agreement, the title to the land will still remain with the developer, unless a sales record has been subsequently executed and registered under the Indian Registration Act. Thus, it is clear that a security in a property can only be transferred by a deed of sale. In the absence of a deed of sale duly stamped and registered, no right, property or interest for a property, the buyer of the property. 4. If the seller expressly reserves a resale right in the event of a buyer`s delay and the buyer sells the goods in the event of a delay, the original sales contract is revoked, without prejudice to any claims made by the seller. R.S., circa 408, 49. 43 Where an unpaid seller has partially delivered the goods, he may exercise his right of bet or residual reserve on the rest, unless that partial delivery has been made in the circumstances justifying an agreement to waive the right of pledge or withholding. R.S., about 408, 43. The sale contract may or may not lead to an effective sale of the property in question.
Some stamp tax laws, such as the Maharashtra Stamp Act, consider that an agreement to sell a property on the same basis as a proper transport record, as well as a proper transport record, are subject to the same stamp duty as the one in force for the proper sale of a property. Under these provisions, which require the payment of stamp duty on a sales contract, a sale agreement is wrongly considered a good act of sale. A sale agreement is an instrument by which the seller agrees to transfer the property to a buyer if certain conditions are required, but does not create the buyer`s property on the property. Although the RERA Act of 2016 provides for a non-fruit clause in Section 89 and applies as a result of the same RERA through the Registration Act 1908. On the other hand, it also raises another question as to whether a sale agreement creates a right, title or interest in the property? According to Section 2 (7) of the Property Sales Act,1930, “goods are all goods other than opposable receivables and money; includes electricity, water, gas, stocks and shares, crops, grass and items that are domestic-related or intended to be exploited before the sale or as part of the sales contract. In the sales contract, there would be property in the form of personal property. Literally, the sale means “an act or process of selling something” is called sale. 2. If the price under a sales contract is payable on a specified date regardless of the delivery and the buyer unduly neglects the price or refuses to pay it, the seller may maintain a price action when the ownership of the goods has not been transferred and the goods are not attributable to the contract.
R.S., about 408, 50. Article 4. If the goods are delivered to the buyer after authorization or “for sale or restitution” or similar conditions, the resulting property is transferred to the buyer in the rule2. If there is a contract to sell certain goods and the seller is obliged to do something with the goods to put it in delivery, the property only flows once it has been done and the buyer is aware of it. 19 If there is a contract for the sale of non-fixed goods, no ownership of the goods is given to the purchaser unless the goods are established. R.S., about 408, 19. (2) If a person who has sold the goods continuously or owns the goods or documents of ownership of the goods, the delivery or transfer of the goods or supporting documents that he has for him is made in connection with a sale, collateral or other transfer by that person having the same effect in good faith and without prior sale , as if the person holding the delivery or transfer had been expressly authorized to do so by the owner of the goods.