 So good evening, friends. Amongst us we have Mr. S. Mukan, a famous advocate, coupled with a very famous resource person. And we also have Adilak Chhmi from, there's a lot of, it is an important perspective under the transfer. I'm sorry for the, there is, yeah. And as I was saying that we have Mr. S. Mukan, a famous lawyer as well as an important resource person for enriching people, pan India with his knowledge and his sessions on the Transfer of Property Act. No audio. Is it audible, Mr. Mukan? Yes, it's audible. Somebody had written no audio. Maybe a previous message. Yeah, okay. And once we discuss of sale and once we are discussing about Transfer of Property Act, the lease mortgage are also important perspectives. But what are the contingencies for the lease, sale and mortgage are the broader as well as I can say the narrow contours which one will like to understand. And even a common man would like to understand these things because once if one takes a property, normally a person asked whether it is by a sale, a lease, or if you have done something with the bank or you have mortgage it. These are all important aspects, but since due to some technical snack, there was a difficulty with the audio. I will straight away ask Madam Adilak Chhmi, our knowledge partners from LegalEagleElites to take things and then we will request Mr. Mukan. As usual with his style and his style of explaining everything. He will always go well within this society at large. Thank you so much, Rika. Thank you. Thank you beyond our CLC team for inviting LegalEagleElites time and again in being your knowledge partner. And today is also a very special day and we have Advocate Mukunt who is predominantly practicing in Madras High Court and he is a specialist in property laws and he has taken many sessions on civil jurisprudence and nowadays he has started taking sessions on criminal laws also. So such is his interest and as Mr. Vikas told Mukunt has a smile and a smile that capitulates the audience and they will be really mesmerized by the way he takes the session forward. The serious topic is on sale, a very important topic, not only for the practicing lawyers, anyone from the public also if they are willing to join in, this is the best session to understand what is the transfer of property in particular sale. On this note, on behalf of Beyond Law CLC and LegalEagleElites, I welcome all the participants and today's guest faculty Mr. Mukunt to carry forward with the session. Welcome sir, welcome all. Welcome all my respects to Mr. Vikas as well as to Adilakshmi madam were consistently taking these type of series forward without any break with all agility and this shows their perseverance in carrying forward knowledge, sharing knowledge to others. Anyway, thanks for this nice opportunity to be with all in this session particularly about the concept of sale under the Transfer of Property Act. This concept that is sale and today's discussion will be concentrated on two main sections, section 54 and 55, that's all sale will be over. This is a very interesting chapter, chapter number three containing sale and day in and day out we will be coming across the transactions governing the rights of parties during sale or in agreement of sale. To understand the better, we shall go into the provision as found in the act, the viewers need not worry, I will read it from the act itself even if you don't have the book. This definition contains in five segments, sale definition is in five to six paragraphs. If we read this, it will be helpful for us to understand the rights and liabilities of the parties better. First segment is in just two lines, I will read it. Section 54, chapter three of sales of immovable property. Sale is a transfer of ownership in exchange for a price paid or part paid and part promised. So this is what is defined as sale, that is sale is transfer of exchange of ownership for a price paid or a price promised or it can be partly paid or partly promised. This is one segment contained in the act. Second deal or deals about sale, how can we make, we all know it deals about registration, that is less than 100 rupees. If the immovable property is less than 100 rupees, then registration is not compulsory, it can be by delivery. If it is above 100 rupees, then it should be only by registration. This is what our deals about in the second chart, which are second and third paragraphs. And fourth paragraph deals about delivery, delivery of property, that is it deals about possession of the property. And the fifth paragraph contains two segments. The fifth paragraph deals with contract for sale, this means agreement of sale, without sale agreement. And the next one says about the ingredients of the agreement of sale, that is to what extent it can be enforced, that is all it says. So it contains six segments, one deals with the definition. The second one deals about the registration part of it. The third portion deals about the delivery part of it. And the fourth portion deals about agreement of sale. And the fifth and the last portion deals about the validity, the enforceability of the agreement, whether it will create a charge or not. This is the thing. We will go one by one now in detail. See the definition as I read, it contained three to four important words, that is, one is transfer of ownership. The second one is exchange. The third one is price, either paid or party paid. These are all the things that we have seen in the definition column. Now, what is the ingredients of sale? Now, we shall go into the definition academically. What is the ingredient of sale? There are five things that is more important to constitute a sale. One, parties, a buyer and a seller, group. Second one, property. What is sold? So property is essential. The third one, mainly the ingredient, that is transfer of ownership. Whether the document, whether it transfers ownership, we have to see that. And the fourth one is consideration. That is the price component of it, whether it should be fully paid or half paid. Or what is the validity of, even if it is half paid, whether it will amount to sale or not, we will see. And last but not the least, registration. So these are all the five elements that are very essential to constitute a sale in the eye of law. Now, we shall break this and deal one by one about parties. Parties, we all know a buyer and a seller. As a lawyer, we must be vigilant about seeing the competence of the parties. It is not merely the parties alone. It is to see the competence of the parties. So the parties means competence of the parties. There can be two things. One, competency of the buyer and competency of the seller. So in this case, what is competency? We have to go for a moment to the contractor. Section 11 of the contractor. A person competent to contract alone can contract. So parties, even though under section 54, we may have to draw our attention to section 11 of the contractor. That is a party should not be a miner. He must not be upset. He must be of sound mind. And moreover, he should not be disqualified under law. What is disqualification under law? If a person becomes insolvent, the entire property goes to the official receiver. So he is automatically discharged as automatically becomes incapable of transacting with the property. Or if there is a court sale. So all these things have to be seen with regard to the competence of parties. This is not only for sale. This is a general thing. In any document, whatever we see, we must have to see first the competence of the parties. And so far, section 54 is concerned. We may also have to see the applicability of section 7 and section 6 of the same act. That is the transfer of property act. Section 7 of the transfer of property act says about competency of the sellers. The vendor, a person cannot sell more than what he possess. Nemo that quiet and have it. So if he sells over and above what he has, then that portion becomes invalid. Example, in a Hindu family comprising four members having all equal shares, all the members having equal shares. Then each one will be having one fourth share. If one party sells the entire property, then section 7 will apply. That is, that shareer can only sell one fourth of the property. So we have to see the competence of the parties. Whether he is competent enough to sell entirely or only in another one. See the competency by applying section 6 of the act. Special succession concept, he cannot sell even before he gets the property. Even though he may inherit it later. So a person cannot sell the chance of succeeding the property. Certain public offices cannot be sold. So all these things act as a bar in so far as the competence of parties are concerned. Another fact, apart from this section 54, we may have to see section 136 of the Transfer of Property Act. Which deals with actionable claims, actionable claims. If we go back to order 21 rule 73, that creates a bar on the purchaser. Both that is 136 and order 21 rule 73 speaks about the same thing. That is a buyer cannot be certain persons. That is an official receiver cannot buy the property. A judge who is dealing the property, dealing the case cannot buy the property. An advocate who is dealing the case cannot buy the property. So in substance we can say no officer who is conducting sale shall purchase the property directly or indirectly. So these are all some invisible inbuilt bar under section 54 of the TP Act. Even though that has not been exposed directly under section 54 when we have a plain reading of it. So we may have to see section 7, section 6, 136, order 21 rule 73 put together to see the competence. So the best example is minor sale. Is incompetent to contract section 11? So these are all the factors coming under the concept of parties to the transaction. Now we have read about the subject matter. You have seen about the subject matter. What are all the things that we have to visualize in the subject matter? See one thing, the property must be transferable, immovable property. The subject matter should be transferable. It is capable of being transferred. It should be tangible. It can also be intangible. Section 54 recognizes intangible property being sold. How? We will see it under the mode of transfer. Tangible properties are, we can see it, that is land, buildings, etc. What are all intangible properties which cannot be seen? Example, right to fishery. Pata writes, we can feel the trade but we cannot see the trade. Simple bank accounts. In the bank, you see the passbook alone. You don't see the money actually, physically. It is in numbers. It is in numerical terms. It is an intangible right. So these are all intangible properties. So this property must be a subject matter capable of being transferred. The next one is most important thing is transfer, that is conveyance. See in sale, one basic thing is it is a transfer of ownership. Mainly it is a transfer of ownership. So what happens here in section 54? A transfer of ownership happens. What is ownership? We may have to go to jurisprudence. So ownership is nothing but a relation. A relation that a person has with an object he owns. If you have a house, you can relate it to it. You feel it as if you own it. This right, we can exercise it against anyone in the world. It is your property. When you get the documentation of the deed, the better reference can be drawn from Austin's word. He says ownership is a right indefinite in point of user. Indefinite in point of user. You can use it any number of times because it is your property. Unrestricted in point of disposition. You can dispose it off. Nobody can curtail you. You are not restricted, prevented, nothing. Unrestricted in point of disposition. Unlimited in point of duration. All these components constitute ownership. So what does it mean? Ownership means an absolute right, an absolute interest in the property that is now getting transferred. And above all, transfer should be as prescribed by law. That is registration. This ownership can be in so many ways. That is corporeal ownership, incorporeal, trust and beneficial ownership, etc. Which I do not want to dwell into that because it will amount to a class in jurisprudence itself. The next point is consideration. That is price. What does it mean? A property is exchanged for a price. If a property is exchanged for another property, then it will amount to exchange under a different chapter under the same act. So here in sale, a property is exchanged for a price. This price can be fully paid or partly paid. Even if it is partly paid and a person has taken possession of the property, then even then it will amount to sale. Only thing that we have to see is whether on reading of the document or on the circumstances of the case, whether the ownership got transferred. If the ownership is transferred, then the property raises transfer even though amount is not fully paid. One example I can cite it from the judgment is 2020, 7 SCC, 366, a recent judgment, 7 SCC, 366. Dahi Ben v. Aravindbhai Kalyanji Bhanusali. That is, this judgment explains that the entire payment of sale consideration is not necessary. The title will pass to the buyer even if full payment is not made. Even if there is a part payment to be fulfilled, that will not invalidate the sale. So, full payment is not a sign who are known for completion of sale. So, now we relate it to the section, price paid or partly paid, even then it is same, one aspect. So, what happens if the seller sells the property? The seller can only recover the balance and he cannot get back the property because transfer of ownership has happened. So, the intention is most important. It should be gathered from the reciters and the conduct of the parties. Another factor, but we must also see the circumstances in some places. In so far as a direct impact on section 54, we have seen this judgment. Now we see a slight modification. The slight modification is if the parties have understood in such a manner that the sale will complete only if the entire price money is paid, then what happens? Then the sale is not complete. The sale is pending. In one case what happened is in Bihar that is 2011, 6 SCC, 6 SCC, 555, 2011, 6 SCC, 555, Janak Dural versus Kapidio Rai. In this case simply says that is fundamentally, you see the intention of the parties and they are prevailing custom. Then determine whether the sale has happened or not, whether the transfer of ownership has happened or not. In this case what happened was a sale deed was executed by receiving a part consideration. Now the balance amount was not given. The purchaser says you come and execute the, sorry, the purchaser is demanding possession. The seller says nothing doing, I will not grant you possession. The seller unilaterally cancelled the sale and executed another sale deed in this case or some other person. So what is the position now? The court went to the facts, analysed the situation and said that there is a practice in Bihar. There is a practice in Bihar called the Khubzul Badalim. I do not know the meaning of it but it means in English title passes only on exchange of equivalence. That is I give a property for 100 rupees X amount, you give the price equivalent to the X amount. Only then if the parties have contracted to that nature, in this case they have contracted like that. Then in such circumstances only on payment of full money the transfer of ownership happens. Else it will not happen. So here the court said it is not a sale. It cannot be constituted sale because intention of the party is that full money had to be paid. So there was an observation in this case that it says practice in Bihar is that sale deed will not operate as a transfer in presenting but post forms the actual transfer of title from execution under registration to exchange of equivalence. So only on exchange of equivalence that the transfer actually happens. So it is very essential to note down what is the intention of the parties even if there is a part payment made. All these cases come from one main case that is 1999, 3 SCC, 573, Vidyadar versus Manikyar Rao. Same thing that is the real test is to see the intention of the parties. So now we will go into the second segment of the definition that is mode of sale in Para 203 of the section 54. This says about registration. So what it says if a sale to constitute being properly made, it should be made by a registered instrument if the value is above 100 rupees. If it is below 100 rupees then there are two options. One it can be by a registered document or it should be by delivery. Now you can see an interesting case here. In 2020, this is a Madras case. 2020, one CTC 246, 2020, one CTC 246, K Kasinathan and another versus Umashankar, K Kasinathan and another versus an Umashankar. A sale was effected by payment of rupees 90. It is definitely a sale less than rupees 100. But what happened was it was done by a documentation. So interpreting section 54, the court said if you write it then it should be registered no other go. If there cannot be an unregistered document, if you write it then you should register it or you just give it by delivery. If it is just by delivery then it may not be in writing. If it is written then it should be by only by a registered document. This is the judgment and it has been followed from 1985 law weekly 906. VS Meenakshi Sundaram versus Kaliya Parumal VS Meenakshi Sundaram versus Kaliya Parumal. Even though this is a Madras judgment, persons from other states and noted them for a reason that to understand the concept of the sale being made less than 100 if it is documented. It will be deemed as an unregistered document. Then it becomes inadmissible. Now one aspect, the registration is a compulsory portion. Registration is a compulsory thing for a document of sale. That is 1969, 1969, 1 SCC, 1969, 1 SCC, 497, 497, Raghunath versus Ketharanath. In all these things once a sale deed is made then it had to be if there is some defect or the vendor questions the sale deed. In that case it can be cancelled only by it can be made only by cancellation. It can only be made by a suit for cancellation of the sale deed or another mode is he can ask the purchaser to sell it back with him. So what does it mean? A seller even if he is agitated or disturbed by the sale he cannot unilaterally cancel. So unilateral cancellation is not possible. So only two modes one, sell it back to me or go to the court get it nullified that is get it cancelled. 2010, 15 SCC, 2010, 15 SCC, 207, 207, Totta Ganga Lakshmi versus government of Andhra Pradesh. One aspect, in a particular case where a sale deed was effective, sale deed was executed. As naturally we will see in many cases practically the seller will not come on that particular day to execute to register the sale. In one case what happens? The buyer and seller negotiated they paid a price that is 90% of the money was paid. The buyer is waiting in the sub-register office at the final point the seller did not come. So the buyer he goes to the court asking for fresh execution of sale deed. A defence was raised. See the sale deed is an unregistered document it is inadmissible in law because he did not file a sale agreement. But he files the sale deed and unregistered sale deed because he was about to register it. The court then said in 2010, 5 SCC, in 2010, 5 SCC, 401, 401. Yes, Kaladevi versus VR Somosundar in Yes, Kaladevi versus VR Somosundar. It said this sale deed which was about to be registered can be construed as a sale agreement. So it may not be registered. Still the plaintiff can file a suit to seeking the defendant to execute a fresh sale deed. It is nothing like a specific performance suit. So the document is admissible. It can be received in evidence. So now one point we have to say. There is a sale. In sale transaction it can be preceded by another document that is a sale agreement. It is also called as contract for sale. See one distinguishable thing that we may have to notice is contract of sale and the contract for sale. Contract of sale is sale deed itself. Contract for sale is sale agreement. So sale deed is an executed contract whereas sale agreement is an executory contract. Which means some of the terms have to be fulfilled thereafter. That is after execution of the sale agreement some of the rights are still liable to be performed. After completion of these terms the final output is going to be the sale deed. So what this section says is contract for sale is a contract that a sale of such property shall take place on terms. That is a sale of such property shall take place on terms settled between the parties. That is it is an executory contract. The sale will take place on certain terms that is they are understanding the conditions if at all it is specified. Only on performance of those conditions the sale agreement becomes fulfilled and thereafter the sale deed will go through. So there is a distinction between a sale agreement and a sale deed. So sale deed is an executed document. Sale agreement is an executory contract. One case law will help the viewers to understand the distinction between the two. 2008-2008-14 SCC 517-2008-14 SCC 517-Dharmanayak versus Ramanaayak. That is agreement of sale is an executory contract and this will not create an interest or a charge in the property. That is the next sentence in this section. It does not by itself create interest or charge in such property. So it is an enforceable right. What this judgment says is it only creates an enforceable right between the parties to get it enforced through court of law. So with this we will complete section 54. So in section 54 we saw the ingredients. The parties transfer, ownership, price paid and partly paid registration concept of registration. See the intention of the parties when it should be registered. When a sale deed can be considered a sale agreement if it has not been performed fully and what is the intention between the parties. In Bihar case we saw that it should be completing the equivalence only then you can be considered as sale. Now we will go into the rights and liabilities of the parties. The rights and liabilities of the parties that is the buyer and seller are brought in section 55 of the act. It contains various subsections. So we can divide it as in two segments. One the rights and liabilities before sale and the rights and liabilities after sale. Once right will be others duty or a liability. So they are relative terms. It will interchange accordingly. So now the seller's liability is spelt in section 5512 and 3. These are all the liabilities of the seller. Seller must have to do these things. Simple. All these things are very very simple. Like we will go in elaborate but still I will just brush it. Like giving the documents on sale. Giving the possession to duty. Helping the buyer, proposed buyer to examine the documents. Giving the copies etc etc. Maintaining the property in good conditions. All these are his duties, his liabilities. So that is what is enumerated in section 55123. One aspect we must have to see. The seller is bound to do. He starts with the word bound to do. The seller is bound to do. Disclose all material defects in the property. That is whatever he knows that that is it will empower the value of the property. Then it is the duty of the seller to disclose it. This is one duty. Provided he must be aware of that defect. Now, see why it is said is in the last portion of section 55 it says, any omission to make such disclosure will amount to fraud. So, if there is a defect and with the defect any transaction has been made or any sale has happened then it will be deemed to be a fraud on the property. So, before sale the party should be aware of these defects being disclosed. Now, 55123, it says about production of document of title. He becomes his duty for examination. Whatever is in his possession or power the seller must have to give it. This is common. And in opinion cases we would have experienced it. While getting opinions we would have seen the documents and we would have asked the buyer to get some more details. Naturally, you must have to fall back to the seller requesting in the details. In such case 551c protects the seller has to answer all information regarding the title of the property. So, you must have to give the information. All queries raised you must have to answer. It becomes his duty. And another duty is you must have to come and execute the sale on payment of price. These things will come before sale. Certain other things comes after receipt of advance and till execution of sale. What are all there? It is to take care of the property from the date of agreement of sale to the actual execution of sale. It is his duty. Suppose one year period the seller neglects it then he is liable. So, it becomes his duty to take care of the property till the moment he actually conveys it to the buyer. That is most important. And secondly he must have to give possession. The next part is giving possession. That is the most important thing. Once he takes the price it is becomes his duty to give possession. Lost but not the least. The seller has to pay all dues, charges, taxes, interest in the property till sale is made. That is he must have to clear all the encumbrances. Whatever encumbrances he must have to clear. So, these are all the duties forming part of this section 55. Another thing. There is one deeming promotion. One deeming promotion. What is this? That is it is deemed that the seller has interest, have contracted with the buyer that his interest subsists in the property. He declares even though he declares even though he does not declare then it is deemed that he has that power to sell. This will happen in case of relations in fiduciary capacities concern. So, some of the protection given under the act itself. That is 55 too. Now, what happens on payment of consideration? On payment of consideration, what happens? If the entire consideration is paid on receipt of the consideration, the seller is again bound to deliver all title deeds. Whatever it is in his possession he must have to give it. What will happen if there is a large property and he sells only a portion of the property? He has the right to retain the sale deed, the parent document because if he sells only the portion of the property, if it is again sold to different persons. In that case, the purchaser who purchases a larger share is entitled to the document. If he sells 10 acres of land, seller retains only 2 acres, sells 5 acres to 1 person and 3 acres to another person. In that case, the purchaser is entitled to have the document who has got the larger share. So, these are all the duties of the seller. When there is a duty, he also have some rights. He will be right till the sale is made. Essentially, he will have the right to possession. He will have the right to receive rent. In case of profits, he can also receive the profits till the ownership passes. Because under section 54, we have seen sale is a transfer of ownership. So, till the transfer of ownership happens, he is entitled to receive the rent and profit from the property. Suppose he is sold to the property and he has not received the money, that is part paid or part promised. What happens? Here, he is entitled for the charge in the property. Now, can he be called an unpaid seller? Yes, he will be called an unpaid seller. This unpaid seller or an unpaid vendor finds place in sale of goods act also. In section 45, unpaid seller in sale of goods act chapter 5 deals with section 45 which clearly defines unpaid seller. In this moment, we will also see section 45 and compact of the sale of goods act. Who is an unpaid seller? When we read that, it will be more useful to understand unpaid seller here. Unpaid seller is a person who is not paid fully, that is he is not paid whole of the price. This can be in sale of goods act, they give two situations. One, if the vendor is not paid fully, he is an unpaid seller. Secondly, if a check is given and in that situation, the seller has parted with his goods. And the checks got dishonoured, then also he will be called an unpaid seller. The same concept can be applied here. Even in here, in this case, if there is a part payment somewhere around 1 crore, if it is the value of the property, 70 lakhs have been paid, 30 lakhs have to be paid by way of check. Sale deed executed, for the remaining 30 lakhs, if the check got dishonoured, then the vendor had to be naturally termed as an unpaid vendor, an unpaid seller. Assuming for a moment here, if the seller retains possession, he has executed the sale deed, but he has not given possession. See two things in section 54. Two things, one transfer of ownership, it passes the rights, absolutely passes. And the two, possession goes. Delivery, we have seen delivery. If suppose, see this can be delinked, one is ownership and another one is possession. If ownership goes and possession is retained, then the seller can retain possession. So that right of retaining possession is called the lien, seller's lien, unpaid seller's lien. He is entitled to have possession of the goods there and possession of the removal properties here under the Transfer Property Act. So, section 46 of the Sale of Goods Act says about unpaid vendors lien. Here, 554B says about unpaid sellers lien. In that, in Sale of Goods Act, sometimes the goods could have been parted, then he cannot excise lien. If the goods are still in possession, he can excise lien. If the goods are in transit, but if the goods have not reached the destination, even then the seller can hurriedly go take that possession. He can get back the goods, but the seller cannot excise lien in one situation. Where if there is a contract of a credit period, that is a payment shall be made only three months later or six months later, then he cannot excise the lien. So, these are all the concepts which can be learned in section drawing attention to the Sale of Goods Act and the Transfer Property Act. So now, with this we have seen the rights and liabilities of the sellers. We shall go into the rights and liabilities of the buyer. See, we have already said it is a relative term. One's right is another man's duty. Here also section 555 starts with the word the buyer is bound to. He also has an obligation to the seller. What are all those obligations? Payment of price is the main obligation, but there are some more also. While purchasing the property, the buyer have to disclose it to the seller. If the seller is not aware of it, he must have to disclose the seller about the material increase in the value of the property. It is enumerated in an ethical sense also. The buyer is bound to disclose to the seller. Whatever the seller is not aware of that would materially increase the value of the property. Again, the omission amounts to the fraud. That's how we have seen in the provisions describing the rights of the seller. Here also the omission amounts to that is amounts to fraud. Again, the next right would be to pay the price. But here he can retain something to clear the encumbrance. He has the right to pay the encumbrance directly. If there is a mortgage, then the buyer can clear the mortgage directly. That is possible. So, as how we see, what are all the rights and liabilities before sale and after sale. Here also, all these things are before sale. After sale, it becomes the buyer's duty to pay all the charges. And if there is a reduction in the value, it is for the buyer to bear. So, once the sale has happened, once the transfer of ownership has happened, then it becomes the burden of the buyer to manage the property. So, he cannot later claim, you know, the value was so much then suddenly it dropped. Similarly, the seller also claimed vice versa. So, that is also not possible. So, when the buyer is entitled for the ownership, he is entitled for the benefits also. Benefits on improvement, benefits on the land, sorry, benefits are raising out of the land, rent, profits, etc., automatically comes to him. Whether, as how the seller had a charge on the property, the buyer also gets the charge. If he has not improperly declined to accept delivery, that is the word. That is, on some agreement, he is ready to purchase the property. But when the seller comes and delivers it and he declines it or he avoids the sale, then he is not entitled for a charge. So, these things we may have to note it down. And in one case, 2005, that is AIR, 2005 Supreme Court, AIR, 2005 Supreme Court, 573, AIR, 2005 Supreme Court, 573. Delhi Development Authority versus Skipper Constructions. Delhi Development Authority versus Skipper Constructions. That is, buyer is entitled to interest on purchasement, is entitled for interest or to what extent? Till the refund is made or till the sale deed is executed. It also says he can create a charge on the property. So, the buyer is also sufficiently protected for the payment that he has parted with the sale. Now, we shall go into the last limb as how we see mortgages, marshalling of mortgage. There is also a concept of marshalling in sale. Section 56, it is a very, very small thing. What it says? It says, if the property is mortgaged, so there is an entomorrhance created, then the buyer is entitled to read in the mortgage. He has purchased the property, he is entitled to read in the mortgage even in the absence of a contract. This is one right given. Two, on the other hand, either he can read it directly or he can compel the seller to satisfy the mortgage. See seller, you have sold the property to me including the mortgage. Either I will pay it from the purchase money even if it is not fully discharged or you pay it directly. You satisfy the mortgage. How to the property? Suppose he can also compel the seller to pay the mortgage amount from the property not sold to him. If the seller has some other property, he can compel the seller to sell some of his property and the discharge is the mortgage. These are all the right available to the subsequent that is the purchaser. So with this, we have now covered the aspects of sale, the ingredients of sale, the rights of the parties, the how to ownership transfers, the subject matter. That is it should be a transferable subject matter and what is convenience? That is once there is a ownership process, then it is a right in rent. It is against the whole world. He can challenge against anyone. The ownership gives the unlimited right to enjoy the property. He can dispose of the property anytime. So that is absolute right. And this right can be created in two ways. One by just by possession. We are not dealing about that. And another by purchase, that is what we have done it. This is also called a derivative method. That is a property has been purchased by father and after this lifetime, it derives on the successor. It is also called a derivative method. This is what I wanted to mention, but I missed to mention. This is called a derivative right. There is a purchase that is a right by purchase or a gift or by inheritance. These are all called a derivative methods, derivative way of getting the property. And the consideration for the portion of it, we saw the component of price that is priced to be paid or partly paid or whatever it is that is promised or partly promised. And we saw some judgments in this context also. And we saw about the registration that is the mode of sale. It should be either by registration in so far as tangible, immovable property or if it is an intangible property, then it should be under registration. So tangible, immovable property or intangible property should be only by registration if the value is more than 100. If it is less than 100, it can either be by registration or by delivery. But we saw one case law, interesting case law in 2021 CTC 246 where it says, if it is a written document, then it should be registered. There is no question of interpretation that it is less than 100, so it need not be registered. Once it is written, it should be registered. We saw some couple of judgments and also we saw about cancellation of the sale deed. That is, once a sale deed is executed, it had to be properly cancelled and it cannot be unilaterally cancelled or buyback policy is allowed in these cases. And we saw about the agreement of sale that is contract for sale and the rights and liabilities of buyer and seller as before sale and after sale, etc. And finally about margin by the subsequent purchaser. That is, he can compel the seller to clear satisfy the mortgage or he himself can pay the mortgage and clear the property. So with this, I come to the end of the session. Mr. Vikas. Yes, Mr. Vikas. I'm just saying as to whether we have any questions. But the way you have viewed up everyone, I don't think there will be much questions. Because the law is done. I will just check it out on the YouTube. Please. I thought that today you in this entire endeavor, you may even touch March link. You are on the Facebook, we don't know. Please. There is one question, Mr. Vikas. No, he is only saying that. Lispendence. Yeah. It is about the lispendence that is a property can be sold. But if it is sold during the pendency of the proceeding, then the rights of the parties will affect depending upon the adjudication, the result of the adjudication. That is all. That is for that, what section says is section 52 says is just avoid just avoid the sale during pendency of litigation. One person I've asked about 57. 57 is a court say it is in sale through court. If a sale is made through court, then upon certain conditions, the court discharges the incumbrances. It discharges all the incumbrances. If suppose if there is any incumbrance the court may put some condition. Yes, you pay this much money, or you pay this much money annually upon the satisfying this condition, whatever incumbrance that was there in the property that gets discharged. This is 57. Yes. In terms of their posting 52 and 57 was only that it is a trailer that you should bring the full insights on a separate session. And one has also already written on the YouTube that you should take a separate doctrine separately as we had already discussed. Somebody has for 56 for me to explain it. See, this is also same thing I'll just take a word Mr. Vikas because somebody have asked it. 56 says about clearance of mortgage, that is, marshalling. The purchaser can compel the seller himself to clear the mortgage or with the retained money, he can clear the mortgage. This is an option given to the purchaser. Yes. Vinitha sir, Sharma case it will go, it is a big case sir, so we need not divulge it to it. Both on the same, beyond law as well as on legal legal light otherwise Mr. Srinivas Raghavan has taken these sessions on. Vinitha Sharma, if they want to understand, take all of them. Yes, correct. Before we part for the day I will request Adilakshmi ma'am to share her thoughts. Meanwhile, one question has been posted after selling entire property based on document, the seller refused to give mother document, expecting some more money. The buyer wants to get the documents. In case you want to collect the documents. It is a civil right we can sue. And I would like you to collect the documents. Yeah, I would like to what's said, one person had posted on the chat. Let's assume there's an agreement to sell paratonic given, position given. And eventually that same property is sold by someone, original owner to someone. Then whether the deputy commissioner would be in the capacity to cancel that second sale or he will have to go for a cancellation. See, if a sale has been made on the basis of the paratonic then it is a complete sale. No, paratonic given to someone after taking the full money, position given. But no registered document done. But that the first seller again sells that property to another B% No, we have to see whether the power of attorney is coupled with interest. See, if money is paid, there's one concept in section 209 of the contract act. I believe if the power of attorney, it's a fact based question. If the power of attorney is coupled with interest, then the owner cannot cancel the power of attorney. So he can go ahead with the power of attorney and the sale. In case if it's a per se power of attorney, then the owner can cancel it and sell it to the other party. Yep. Yes. This is a kindly explained whether the value of sale of property is about Rs.100 as per law 1. Should get registered the document or not as it is not more than 100 and also less than 100. See, the section says value of the property. One in Rajasthan case they said, suppose if we file a suit today and sell the property for Rs.50, can we say that the value of the property is only Rs.50? No, the value of the property is different. I do not have the citation now, but in Rajasthan, if my memory serves right, it says the court must have to see the value of the property. If the value of the property on the date of the suit will be more than 100, then it should be only by a registered deed. Two, I have given a citation earlier in 2020. That is what it says is, it says if see two modes, if it is less than 100 rupees, it can be given by delivery. That's all. It can be just by delivery. You give possession, come out. In that case, it need not be registered. If you go for a document, a document transferring ownership, then even if the value is less than 100 rupees, it should be registered. Either it should be by oral transfer, that is section 8 of the transfer of property and coupled with delivery. If it is by oral transfer, then it should be registered irrespective of the value. For me, how to determine whether it is coupled with interest? See, coupled with interest, it is a fact, a situation. Whether full payment is made and the seller has received full payment and he has given the interest in the property or there should have been a recital saying that I have given possession of the property and he is at liberty to sell it and it will be an irrevocable power of attorney. That is coupled with interest. The person has asked me about the page number, it is 246. Is registered document or patta more important legally? See, registered document serves well than patta. Patta is a revenue document. Sale deed is a document created by the parties. It goes to the registration office. It becomes a public record thereafter. Patta is a document prepared by the government officers in their official duty. They see they have their own land records. They equate it with, they appraise their record. That is their revenue document. In patta, insofar as they are concerned, it is a document of title for them. But document of title for us is only the registered sale deed. So this is more valid than patta because document of title can be a title and not patta. Patta is only a document of possession. Yes, sir. Padimal, after selling entire property based on document, the seller refused to give mother document. No, this we have done. Yes, mother document, if we did not give it, we have to go for a soup and collect it. A promise to deliver an illegal property, whether tangible or intangible, which has been registered. Can it be executed or it will be treated as void of me show? It will be void. That is, we have seen section 23 of the contract act. If it is against, see, I cannot sell a Taj Mahal. I cannot sell a railway station. I cannot sell a high court. Even if it is by a registered document, it is invalid in the eye of law. Something like doctrine of frustration can also be questioned. Exactly, yesterday. So I will ask Adilakshmi Ma'am to share her thoughts. Somebody has asked for 1985, it is page number 906, 906. Yes. The last question we will take, different between an agreement for sale and domains. Yes, see, agreement of sale is an executory contract. Some of the terms are yet to be fulfilled by the parties. For example, clearing encumbrance, paying taxes, getting the urban land tax paid or the minor interest to solve it in the property, getting some section 8 application moved before the court, appointment of a guardian, etc. have to be fulfilled depending upon the terms specifically made. Then that is an agreement of sale. Some terms are to be performed or reciprocal promises. See, I will pay this much money in this term. And in that case, you must have to convey a portion of the property. These are all some terms between the parties that contains in the agreement of sale. It only, it is a preparatory work for the sale deed. Conveyance is absolute conveyance, conveying the property. Fully, a ownership is conveyed on a particular day. From today onwards, you become the owner. Conveying the title. Conveying the title as such. Yes. Yeah. So we will now request Anil Ashmi. Before we can convey her to convey her feelings. Meanwhile, certain questions are brought in. Thank you so much. Every time I was invited, there was questions pouring in. And Mukun sir was searching for the court. He has got an eagle's eye. He's the correct legal eagle I liked. To search for the questions and he wanted to answer it. And it was like, very excellent. One thing I am enmeying now, both Argan Supramaniam sir and Mukunth is doing very much good in Vikas platform rather than legally good sale. He has done enough of his own work. Mukunth sir. Yes. The same topic. It was there on the legal eagle sale. Today he has added some extra spices to it. It is really excellent. Very good. I thought it would be a repetition one. But all the participants are telling it is little different. So he is there. Mukunth is saying. In a lighter way Mukunth is saying practice makes the man perfect. Women do not need practice because they are already perfect. See a person has a question. The practice is done on the legal eagle sale. And the perfection is done on the beyond RCLC. No. To the contrary I was saying Mr. Mukunth take this session. He says no. First I will take on the legal eagle sale. Then I will come to your session because I promise the effort. So even though it is an unregistered agreement between me and Mukunth. But he says that I have to abide by that. That is the only key difference. Very nice. One thing Mr. Mukunth what is that when he takes up a topic on any platform. He does good homework. He sees to that he is really doing it and well equipped and comes on the platform. I should appreciate it. And he has taken time from me not doing my session yesterday. He told since I am going for beyond RCLC. He told me off day for me. Not in legal eagle sale. That much. It is really good. Anyway thank you for your cooperation. Both of you. It was really good. It was very nice actually. Today actually I cancelled my program because we should not clash with each other. So today only at 7 o'clock we have the session. Really nice. And you have done a little more than what you did for us when we did. So here after we should do together all the topics. Because we will be asking. No for me it was the first session. For me it doesn't make a difference. And thankfully that both of you two are in company and I am not considered as a crowd. Very nice. In fact this one topic sales so many doubts will be there for lawyers and also even practitioners who have been doing cases many times. They would get some little doubts on it. It's very well cleared and even the aspirants who are taking up the judicial examination have joined it. Definitely take a two or two for facing their examination on the poll. It was a very excellent and very good session. I really appreciate your last year. In fact thank you because I thought I have to deal two sections for one hour. Thank you. We will keep connected. We will bring in more faculties and we will keep connected with us. Thank you so much. Legal Eagle Salite is very immensely happy for co-hosting along with Beyond La CLC. So on behalf of my personal self and the team Legal Eagle Salite. I thank all the Legal Eagle LAI members for joining in to support Hukun sir. And over to you Vikas for the further. As usual the combination with the Legal Eagle LAI and the resource persons has always been enriching. People do log in. And tomorrow again we will have a different knowledge partner again from Madras. That is the study circle TSE Chinnai of Mr. Iyum Prakash Anol. Tomorrow will be general exceptions. Chapter four of IPC part one by Mr. Sundar Mohan. So do stay connected with us tomorrow at 4.30. Everyone stay safe, stay blessed. And if not vaccinated do this. And whatever you comments you want to do you can post it on the YouTube. And keep on sharing liking the YouTube channel of Beyond Law as well as Legal Eagle LAI. Namaskar. Thank you. Thank you so much. Thank you all.