Sale - Consideration.......?

.... Sale ..... Non payment of part of sale Price/Consideration.....?

                                      

-  Sale is a transfer of ownership in exchange for price/consideration paid or promised or part-paid and part-promised .

- Sale of immovable property of value of 100 rupees and upwards can be made only by registered instrument.

- Seller bound to disclose to buyer material defect in the property , produce on request of buyer all documents of title of his property, answer relevant questions put by purchaser in respect of title of property, on payment/tender of amount in respect of the price to execute conveyance of property , deliver possession of property and all documents of title of the property , pay all public charges and rent dues in respect of the property also discharge all encumbrances on the property existing.

- Buyer is bound to disclose extent of his interest in the property , pay or tender at the time of completing the sale the purchase money to seller. 

- Basically non payment of a part of the sale Price/Consideration is not ground to invalidate sale means it does not affect the validity of the sale.

- Seller have remedy in law for recovery of the balance consideration/price.

- Even though inadequacy of the consideration/price is not ground to invalidate sale.

- But sale without consideration is void.

_ _ _ _ Relevant Provision _ _ _

- Section 54, 55 of The Transfer Of Property Act 1882.

- Section 25 of The Indian Contact Act 1872.

 = = = Relevant Judgement = = 

- Vidhyadhar v/s Mankikrao & Anr A.I.R.1999 S.C.1441(I st Suppl) = 1999 SAR 443.

- Dahiben v/s Arvindbhai Kalyanji Bhanusali (D) Thr Lrs & Ors 2020 SAR 793.

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