A sale agreement and a registered sale deed

At a glance

An agreement to sell and a completed sale perform different legal functions. Payment or possession alone should not be described as a registered conveyance.

Law and context

Section 54 of the Transfer of Property Act distinguishes sale from a contract for sale and states that the latter does not itself create an interest or charge. Registration and other applicable requirements must also be checked for the particular instrument.

Practical next step

Read the document’s actual terms, execution and registration status. Identify the promised completion steps, payments, possession and any breach before choosing a legal remedy.

Important qualifications

Special tenure, local requirements and statutory exceptions can affect the analysis. Do not infer title from the label agreement, receipt or possession letter.

Document checklist

• Complete agreement or deed
• Registration particulars
• Payment schedule
• Possession and completion record

Sources

• The Transfer of Property Act, 1882 — 54
• The Registration Act, 1908 — 17,49

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.