1) Property: there must be transfer of general ownership of the goods, for example. B the transfer of ownership of the goods, not just the special property or special interest, from the seller to the buyer. 2) Mobile goods; The transfer of goods must be a pure motive. 3) Price: Price means cash service for the sale of goods [p. 2 (10)]. The price or consideration of the goods must be the money. When goods are exchanged for goods, it is not a sale. 4) Parties: There must be two parts, for example the buyer and the seller. The parties must be competent for contracts under the Indian Contracts Act of 1872.
The seller and buyer must be two different people. 5) Form: A sales contract does not require any particular form. A sales contract may be entered into in writing or by word of mouth, for example, explicitly.B. either because of the conduct of the parties or the conduct of transactions between the parties [Article 5 (20]). It can also be done in part in writing or partially by word of mouth. The proposal and adoption must be made. A sale immediately indicates the transfer of the property. This is done by a deed of sale, while a sales agreement indicates a future transfer. The risks associated with the sale are transferred immediately, while they remain with the seller in the event of a sale agreement. A sale is a contract executed, while the sale agreement is a will contract.
The sale contract may or may not lead to an effective sale of the property in question. Some stamp tax laws, such as the Maharashtra Stamp Act, consider that an agreement to sell a property on the same basis as a proper transport record, as well as a proper transport record, are subject to the same stamp duty as the one in force for the proper sale of a property. Under these provisions, which require the payment of stamp duty on a sales contract, a sale agreement is wrongly considered a good act of sale. The Supreme Court also reaffirmed the importance of the contract of sale between the owner and the purchaser, since it recently decided that the period of awarding a dwelling unit to a home buyer should be taken into account from the date of the owner-buyer agreement and not from the date of registration of the project under the Real Estate Act (regulation and development). , 2016. The court also ordered the rera authorities to order the payment of compensation by the contractor, in accordance with the sales contract whose unsealability was upheld by this decision. To be valid, an absolute sales note must clearly describe the transferred property, either by address or by other distinguishing features. The facts must also clearly state the seller and buyer, the date on which the transfer becomes final and the relevant information, such as the purchase price.
In modern real estate transactions, parties often walk around and try to put all this information into practice through an auxiliary contract to purchase Dener`s real estate. However, the facts must relate to the information contained in the contract.