Transfer of Property Act Section 54 — “Sale” defined
CHAPTER III OF SALES OF IMMOVEABLE PROPERTY
General
Summary
Sale means transferring ownership of property in exchange for a price that is paid, promised to be paid, or partly paid and partly promised. For physical immovable property worth 100 rupees or more, or for intangible property like a reversion, the transfer must be done through a registered document. For physical immovable property worth less than 100 rupees, the transfer can be done either by a registered document or by physically handing over the property, which happens when the seller puts the buyer in possession of it. A contract for sale is simply an agreement that a sale will happen later on agreed terms, and by itself, it does not create any ownership right or charge on the property. In Assam, the requirement for a registered document is specifically that it must be registered in that state, regardless of what the central registration law says.
Official Text
“Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument. In the case of tangible immoveable property of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Contract for sale.—A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. It does not, of itself, create any interest in or charge on such property. STATE AMENDMENTS Assam. Amendment of section 54 of the Central Act 4 of 1882.—In Section 54 of the principal Act, in para 2, for the expression “by a registered instrument” the following expression shall be substituted, namely: — “by an instrument registered in the State of Assam, notwithstanding anything contained in the India Registration Act, 1908 (Act 16 of 1908) to the contrary.” [Vide Assam Act 10 of 1976, s. 2.]