Sale Under Transfer of Property Act
Sale Under Transfer of Property Act
Sale Under Transfer of Property Act
Sale under
Transfer of
Property Act
1. Immovable Property: –
Immovable property exclude
standing timber, growing crops
or grass
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 2/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 3/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
Section 54 of the
Transfer of Property Act
Section 54 of the Act defines the
meaning of the ‘sale’ and also
specifies how the sale of immovable
property can be done. Here, sale refers
to the sale of immovable property
whether tangible or intangible (For
example: – easement rights)
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 4/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 5/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
1. Transfer of Ownership: –
Ownership is the aggregation
of all rights and liabilities in a
property. When transfer of
ownership occurs, all rights and
liabilities in the property is
transferred from transferor to
transferee.
2. Money Consideration: –
Where the ownership of the
property is transferred for
money, it amounts to sale, but if
it is transferred for something
else, it amounts to exchange.
3. The seller must be a person
competent to transfer. The
seller should be either the
owner of the property or should
have the authority to dispose of
it.
4. The buyer must be a person
competent to the transferee.
5. The subject matter must be a
transferable immovable
property which can be tangible
or intangible.
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 6/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
Explanation: –
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 7/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
2. Seller: –
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 8/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
3. Buyer: –
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext%… 9/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
7. Conveyance: – Section 54
provides for two ways for
transfer of property: –
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 13/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 14/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 16/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
afterwards accruing
due.
interest on such
amount; and, when he
properly declines to
accept the delivery, also
for the earnest (if any)
and for the costs (if any)
awarded to him of a suit
to compel specific
performance of the
contractor to obtain a
decree for its rescission.
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 22/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 23/24
5/16/23, 7:51 AM Sale under Transfer of Property Act
read://https_legalpaathshala.com/?url=https%3A%2F%2Flegalpaathshala.com%2Fsale-under-transfer-of-property-act%2F%23%3A~%3Atext… 24/24