The contract of sale may, or may not, lead to an actual sale of the property in question. Some stamp duty laws, such as the Maharashtra Stamp Act, provide for an agreement to sell real estate as an appropriate deed of transfer and are therefore subject to the same stamp duty as that applicable to the deed of transfer or deed of sale of real estate. Under these provisions, which require payment of stamp duty on a contract of sale, persons wrongly perceive a contract of sale as a deed of sale in due form. At the time of the sale, the property deeds are handed over on site. While in a sale agreement, the deeds of ownership will be handed over in the future. In Cehave N.V. v. Bremer Handelsgesellschaft mbH; in Hansa Nord (1976) Q.B.44, it was stated that a written contract for the sale of fruit granules contained the explicit provision: “the shipment shall be in good condition”. In fact, some of the pellets were not in good condition during the expedition. However, on arrival, they were still fit to be used for the purpose desired by the buyer and, although they were less valuable than they should have been, they could have been resold at a reduced cost.

So there is an important difference between the sale and the sales agreement that has been discussed above. This absolute rule is subject to the exception provided for in Section 53A of the Transfer of Ownership Act. Section 53A provides that the seller has no right to disturb the ownership thus granted to the buyer, which is the subject of the transfer, while fully aerating to its part of the obligation of the contract. It should be noted that Article 53A offers the proposed buyer protection against the contemptuous and pours out the contemptuous of the buyer`s troublesome property, but it does not heal the buyer`s ownership of the property. Ownership of the property remains in the hands of the seller…