ES 'विक्रय' एवं 'विक्रय हेतु संविदा' में अन्तर बताइए।

 

Distinction Between 'Sale' and 'Contract for Sale'

Basis of Difference	Sale	Contract for Sale
Definition	A sale is the absolute transfer of ownership of immovable property for a price paid or promised.	A contract for sale is an agreement to transfer ownership in the future upon fulfilling certain conditions.
Legal Provision	Defined under Section 54 of the Transfer of Property Act, 1882.	Recognized under Section 54 of the Transfer of Property Act, 1882, but does not itself transfer ownership.
Ownership Transfer	Immediate transfer of ownership from seller to buyer.	No immediate transfer; ownership remains with the seller until full execution.
Rights & Liabilities	The buyer gets full ownership rights, and the seller loses all rights over the property.	The seller retains ownership until the contract is executed. The buyer only gets a right to demand specific performance.
Registration Requirement	If the property value is ₹100 or more, registration of the sale deed is mandatory under the Registration Act, 1908.	Registration is not mandatory, but recommended for enforceability.
Possession of Property	Generally, possession is handed over to the buyer along with ownership.	Possession may or may not be transferred until the final sale is completed.
Legal Remedy for Breach	The aggrieved party can sue for damages or cancellation of the sale.	The buyer can file a suit for specific performance under the Specific Relief Act, 1963.
Example	A sells his house to B for ₹50 lakhs, executes a registered sale deed, and hands over possession.	A agrees to sell his land to B for ₹50 lakhs, but the ownership remains with A until full payment and execution of the final sale deed.

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Conclusion

A sale results in an immediate transfer of ownership, whereas a contract for sale is a promise to transfer ownership in the future. A sale is legally binding and enforceable, while a contract for sale only creates a right to future transfer.