A contract of sale is a contract for the sale of real estate in the future. This agreement defines the conditions under which the property is transferred. The Transfer of Property Act 1882, which governs matters relating to the sale and transfer of immovable property, defines a contract of sale or a contract of sale as follows: if the promiser had received the consideration before the date of the promise, the consideration is called “past consideration”. That is a valid thought. Without a deposit, the buyer has not concluded his part of the real estate contract, thus creating a defective or defective contract. As the contract is considered defective or defective, the provisions of the contract are no longer binding on the seller. For the buyer, this may affect the standard clauses applicable to residential property inspections. The buyer may have the inspections carried out; Find a problem and then go to the seller for repairs or a reduction in the selling price. The seller may not want to solve the problems found during the inspection or benefit from a reduced purchase price. Since the consideration was not complete, which makes the contract deficient, the buyer does not resort to repairs made by the seller. The seller may still be willing to sell the property, but he will not reduce his contract price to repair the damage revealed by an inspection. If the buyer has put his heart on this property, he may have to buy the property without the seller going up to solve the inspection problems. Last but not least, it is important to mention that, in the above-mentioned judgment, Hon`ble Bench merely drew attention to the legal situation that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as transfers or transfers concluded.
However, they can still be treated as an existing sales contract. Nothing prevents the parties concerned from obtaining registered acts of transmission to supplement their title. This absolute rule is subject to the exception provided for in Section 53A of the Transfer of Ownership Act. Section 53A provides that the seller has no right to disturb the ownership thus granted to the buyer, which is the subject of the transfer, while fully aerating to its part of the obligation of the contract. It should be noted that Article 53A offers the proposed buyer protection against the contemptuous and pours out the contemptuous of the buyer`s troublesome property, but it does not heal the buyer`s ownership of the property. Ownership of the property remains in the hands of the seller. These terms are well known to everyone, we are all aware of their use in the sales procedure. Since there can be no sale through the execution of a power of attorney, nor transfer through the execution of a contract of sale, power of attorney and will. A certificate of sale is usually issued as an extension of a sales agreement and an MPA.
This is preferably the best way for the buyer to carefully inspect the sale property. But there are many hoaxes and misunderstandings about the validity or negative effect of these conditions. In Baijnath Singh v. Paltu et al., (1908) ILR 30, page 125 of Allahabad, the Bench Division of that court found that if the deed of sale indicates that the consideration has been paid but the court has found that no consideration has been paid, the non-payment of the purchase money does not prevent the seller from transferring ownership of the purchased property to the buyer and buyer. Notwithstanding this non-payment, an action for possession of the property may be maintained. . . .