If an un contracted sale takes place, both parties are threatened because there are no conditions to protect either party in the event of a problem or even unintended consequences. A sale agreement sets out the conditions that apply before the sale and that offer both parties protection from risk. The sale is considered the transfer of ownership of a property at a price or a tax. It indicates the full and complete transfer of all rights to the property and retains no rights to the transferred property. The sales concept is implemented using instruments called “Agreement to Sell and Sales Deed.” In addition, there are other types of transfer of ownership by gift deed, wills, etc., but these transactions involve no consideration, which is the main ingredient for the sale and sale of deed. Once a sale takes place, the seller can claim damages if it is not paid, but he cannot resell a product already sold. When a seller attempts to resell a previously sold product, the buyer of the item already sold receives a wrong title or improper possession. Both documents are therefore essential for the transfer of the buyer`s property, although at different stages of the sales activity. However, for the execution of these documents, 2 parts: the buyer and the seller must be present at the transfer of ownership. The seller must be responsible for entering into a sale or sale agreement, as he has an undisputed title on the land that wishes to be sold. There must also be a reflection on the money to place the property for the benefit of the buyer.

The transfer of ownership in question is ongoing on the transfer of rights and liabilities related to the property of the subject and such a transfer associated with money leads to a sale that is led by the agreement to sell and ultimately concluded by deed Sale. This article was written by Deyasini Chakrabarti of KIIT Law of School, Odisha. This article focuses on two fundamental concepts of sales and agreements for sale, different legal provisions related to them and also about their difference. It is not limited to the Indian Contract Act of 1872 and the Property Act of 1930, but also extends to the Transfer of Property Act 1882 and the Motor Vehicles Act of 1988. In any event, to include an essential agreement for sale under this Act, it must provide consistent and convincing evidence of understanding between the competent parties, the costs of the products and the disclosure of product characteristics. Therefore, without the actual exchange of property in the merchandise by the seller to the buyer, there can be no agreement by any imaginative range. The main difference between a sale agreement and a sale is that the first is referred to as the execution contract and the second as an executed contract. The sale is concluded and absolute, while the agreements dictate the terms of a sale that has not yet taken place. This absolute rule is subject to the exception of Section 53A of the Transfer of Ownership Act.

Section 53A provides that the seller has no right to disturb the purchaser`s possession if the purchaser has entered into possession of the property that is the subject of the transfer, while fully acquiring its portion of the contractual obligation. It should be noted that Section 53A provides the proposed purchaser with a shield against the seller and prevents the seller from disrupting the purchaser`s property, but it does not cured the buyer`s property. The property`s ownership remains in the hands of the seller. One of the founding concepts of the Sale of Goods Act of 1930 was the sale and a sales agreement.