SALE

Owner definition by Austin & Holland:

Section 54, Transfer of Property Act.

Sale defined as Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and
part-promised.
Sale how made—
Value- Rs. 100 and upwards- registration (Section 17, Registration Act)
less than Rs. 100- either by registration or by delivery of the property.
Delivery of tangible immoveable property takes place when the seller gives the possession of the
property to the buyer.

Sale Deed is the transfer of Absolute Title. Absolute ownership of a property.

3 essentials of Sale deed
 2 parties
 Immovable property
 consideration
Section 118 TPA. Exchange: When two persons mutually transfer the ownership of one thing for the
ownership of another without money
Section 55, TPA. Rights and liabilities of buyer and seller—
In the absence of a contract, the buyer and the seller of immoveable property respectively are subject to
the liabilities & rights in this section.
55(1)(d) Seller shall execute a conveyance on the payment of the amount in respect of the property.
Abstract Title- the brief chronological overview of all of the historical legal documentation associated
with a property or asset, including titles, transfers and claims against the property.
30 yrs of searching/ Investigation. Application to the Registrar office which has jurisdiction.
To find-
 Good Tile
 Marketable Value
Marketable Title- enables an owner to sell his property freely to others and which others will accept
without objection.
Section 7 TPA. Persons competent to transfer-
Every person competent to contract and entitled to transferable property or authorised to dispose of
transferable property not his own, wholly/ partly & absolutely/conditionally.
Section 11, ICA. Who are competent to contract.—
Every person is competent to contract who is of the age of majority according to the law to which he is
subject, and who is of sound mind and is not disqualified from contracting by any law to which he is
subject.
Section 15 Coercion
16 Undue Influence
17 Fraud
18 Misrepresentation
19 Without free consent
19A Power to set aside contract induced by undue influence
20 Agreement void where both parties are under mistake as to matter of fact
21 Effect of mistakes as to law
Mutual Value; Price decided by the parties.
Government Value- the minimum value below which a property cannot be sold in a particular area-
Stamp Duty. Mutual value need not always be greater than Govt. Value.
Marketable Value- price an asset gets in a market place.
Section 25, ICA- Agreement without consideration is void. Exception- Gift, Section 13 ICA- Consent,
Concept of Delivery
Taken form UK Conveyance Act, 1881
Types of Delivery-
 Good title
 Peaceful possession
  Encumbrance
 Further Assurance

GIFT
Section 122, TPA
Gift is the transfer of certain existing moveable or immoveable property made voluntarily and without
consideration, by one person, called the donor, to another, called the donee, and accepted by or on
behalf of the donee.
Acceptance when to be made.—Such acceptance must be made during the lifetime of the donor and
while he is till capable of giving, If the donee dies before acceptance, the gift is void.
5 essentials of GIFT
 Transfer of Property – Section 5, TPA
 Property shall be existing – Section 124, TPA
 Voluntary transfer
 Trtansfer should be without consideration – Section 25, ICA
 Acceptance of the property
Section 123, TPA. Transfer how effected
Value- Rs. 100 and upwards- registration (Section 17, Registration Act) + attested by at least two
witnesses
less than Rs. 100- either by registration or by delivery of the property.
Section 124, TPA. Gift of existing and future property.—A girt comprising both existing and future
property is void as to the latter.
Section 125, TPA. Gift to several, of whom one does not accept.—A gift of a thing to two or more
donees, of whom one does not accept it, is void as to the interest which he would have taken had he
accepted.
Section 126, TPA. When gift may be suspended or revoked.—The donor and done may agree that on the
happening of any specified event which does not depend on the will of the donor
Section 127, TPA. Onerous gifts- There are more than one property and some properties have some
liabilities. The properties are to be gifted to a person. If the person refuses to accept the properties with
liabilities and want to accept the other properties, he cannot do so. Either all properties with or without
liabilities or none.
Section 13, TPA. Transfer for benefit of unborn person valid
CIVIL SUIT
O6 R1 “Pleading” shall mean plaint or written statement.
Paint- claim statement filed by plaintiff
WS- reply to the Plaint

O7 R1- Particulars to be contained in plaint.—

 the name of the Court in which the suit is brought;
 the name, description and place of residence of the plaintiff
 the name, description and place of residence of the defendant
 the facts constituting the cause of action
 the facts showing that the Court has jurisdiction
 the relief which the plaintiff claims
 a statement of the value of the subject-matter of the suit for the purposes of jurisdiction
and of court-fees
Section 15, CPC. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the
lowest grade competent to try it.
Section 26, cpc. Institution of suits. — Every suit shall be instituted by the presentation of a plaint or in
such other manner as may be prescribed.
In every plaint, facts shall be proved by affidavit.
Affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A, Verification of
pleadings in a commercial dispute.
O4 R1- Suit to be commenced by plaint.—Every suit shall be instituted by presenting plaint in duplicate
to the Court or officer as it appoints in this behalf.
O1 R8- Representative suit - One person may sue or defend on behalf of all in same interest
O32 SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
Schedule A – O20 R9, Decree for recovery of immovable property.—Where the subject-matter of the suit
is immovable property, the decree shall contain a description of such property sufficient to identify the
same, and where such property can be identified by boundaries or by numbers in a record of settlement
or survey, the decree shall specify such boundaries or numbers.
Court Fee
Ad valorem- Proportionate to value of suit
Unspecified Court fee u/s 7 Court Fee Act
Rejection of plaint
Section 3 Limitation Act- Barred by limitation
O7 R11- no cause of action mentioned, unstamped, accurate no. of copies not supplied, O7 R9 not
followed, statement in the plaint to be barred by any law.
O7 R9 Procedure for admission of plaint- Summons not send to the parties in accordance with O5 R9.