Sale and an agreement to sell
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A sale transfers ownership for a price. A contract for sale does not, by itself, create an interest or charge in the property.
Section 54 permits a price paid, promised, or partly paid and partly promised. The distinction is between transferring ownership and agreeing that a later sale will occur on settled terms. A receipt, advance payment or possession is not a universal substitute for the required instrument.
The central text requires a registered instrument for tangible immovable property valued at one hundred rupees and upwards and for a reversion or other intangible thing. That historical statutory threshold must not be treated as a modern stamp-duty or registration-fee calculation; state amendments and registration law matter.
Section 55 sets out default rights and duties of seller and buyer, including disclosure, documents, possession and payment, unless there is a contract to the contrary. Sections 56 and 57 address marshalling for a subsequent purchaser and court arrangements for encumbrances; they are not an automatic guarantee that a property is unencumbered.
Fictional example
Meera pays an advance under an agreement promising a later registered sale. Section 54 requires her to distinguish the agreement from the completed conveyance: the agreement alone does not create an interest or charge.
Read the provisions
Read the full chapter →Limits and cautions
- A sale page cannot determine title, applicable stamp duty, tax, permissions or registration procedure for a particular transaction.
Study check
Chapter 3: study check
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Connect with contract law
Read the Indian Contract Act on capacity, consent and lawful objects alongside the property provisions.
Original educational explanations and fictional examples; not individual legal advice or property-title verification.
Official statutory reference: Government of India reference, hosted by Andhra Pradesh High Court