ES विक्रय को परिभाषित कीजिए। अचल सम्पत्ति के विक्रय के कौन से आवश्यक तत्व हैं? बताइए।

Definition of Sale

Meaning of Sale (Section 54, Transfer of Property Act, 1882)

• Sale refers to the transfer of ownership of immovable property in exchange for a price paid or promised.
• It results in the absolute transfer of all rights, title, and interest from the seller to the buyer.

Legal Definition (Section 54, TPA, 1882)

"Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised."

Example:

A sells his house to B for ₹50 lakhs. Upon registration and payment, B becomes the absolute owner of the property.

---

Essentials of a Valid Sale of Immovable Property

For a sale of immovable property to be legally valid, the following conditions must be satisfied:

1. Transfer of Ownership

• There must be a complete transfer of ownership rights from the seller to the buyer.
• The seller must have a clear title to transfer.

2. Immovable Property

• The subject matter of the sale must be immovable property (e.g., land, buildings, houses).
• Movable property is governed by the Sale of Goods Act, 1930.

3. Sale Must Be for a Price

• The sale must be in exchange for a monetary price (fully paid, part-paid, or promised).
• Gift is not a sale, as it is made without consideration.

4. Competent Parties (Section 7, TPA)

• Seller and Buyer must be legally competent:
  ✔ Seller: Must be the lawful owner and have the right to transfer the property.
  ✔ Buyer: Must be capable of purchasing and accepting ownership.

5. Registration of Sale Deed (Section 54, TPA & Registration Act, 1908)

• If the value of the property is ₹100 or more, the sale must be registered through a written sale deed.
• Oral sale is not valid for immovable property.

6. Free Consent (As per Indian Contract Act, 1872)

• The sale must be made with free consent, without coercion, fraud, or undue influence.

7. Delivery of Possession

• Possession of the property must be handed over to the buyer after the sale.

---

Conclusion

A sale of immovable property must be a legally executed, registered, and compensated transfer. All essentials must be fulfilled to ensure a valid and enforceable transaction under the Transfer of Property Act, 1882.