TRANSFER OF PROPERTY &

UNPAID SELLER

PRESENTED BY:
SUMIT SAHA
SATYABRAT MUDULI
AMIT RANJAN
ANIL KUMAR SWAIN
MANISA DAS
SUBHRANTIKA PATTNAYAK
PRITA ROY
TRANSFER OF PROPERTY
 Transfer of Property in goods means transfer of
ownership of goods from seller to buyer.
 It is different from possession of goods
 Where possession of goods means control of
goods
 In case of sale,the property of goods is
transfered from seller to buyer immediately
 In case of agreement to sale, transfer of property
is take place at future period of time
IMPORTANCE OF TRANSFER OF
PROPERTY
 RISK FOLLOWS OWNERSHIP

 ACTION AGAINEST THIRD PARTIES

 INSOLVENCY OF THE SELLER OR BUYER

 SUIT FOR PRICE

PASSING OF PROPERTY
when the property in goods passes as to the buyer as
follows

 Goods must be ascertained:The property of

goods is transfered from seller to buyer
only goods is ascertained.
 INTENTION OF PARTIES:When there is a
contract for the sale of the ascertained
goods, the property in them passes to the
buyer at the parties intend it to pass
Where the intention of the parties
cannot be ascertained
1.For specific goods
a.passing of property at the time of contract

b.passing of property delayed beyond the

date of contract
i.Goods not in deliverable state
ii.When the price of goods is ascertained by
weighing etc.

contd…..
2.Unascertained goods
3.Goods sent on approval or “on sale or
return”
i.when the buyer signifies his approval
or acceptance to the seller
ii.when buyer does any other act
adopting the transcation.
 Transfer of Title by Non Owner

1. Title by estoppel
2. Sale by mercantile agent
3. Sale by co-owner
4. Sale by person in possession of goods under
voidable contract
5. Sale by seller in possession after sale
6. Sale by buyer in possession of goods
7. Unpaid seller’s right of resale
8. Sale under the provisions of other act.
 UNPAID SELLER
According to sec 45 (a) of the sale of goods
act 1930 the seller of good is deem to be
“unpaid seller” when:-

A.The whole of price has not been paid or

tendered

B.A bill of exchange or other negotiable

instrument was given as a payment,but the
same has been dishonoured,unless this
payment was an absolute,and not a
unconditional payment.
RIGHT OF AN UNPAID SELLER
A.RIGHT OF UNPAID SELLER AGAINST THE GOODS

1.RIGHT OF LIEN(SEC-47)

2.RIGHT OF STOPPAGE OF TRANSIT

3.RIGHT OF RESALE

CONTD….
B.RIGHT OF UNPAID SELLER AGAINST
THE SELLER

1.SUIT FOR PRICE(SEC 55)

2.SUIT FOR DAMAGES FOR NON ACCEPTANCE(SEC -56)

3.REPUDIATION OF CONTRACT BEFORE DUE DATE

4.SUIT FOR INTEREST[(SEC 61(2)(D)]

RIGHT OF PARTIES IN CASE OF BREACH
OF CONTRACT
[A].BUYERS RIGHT AGAINST SELLER (SEC57)

1.SUIT FOR NON DELIVERY

2.SUIT FOR SPECIFIC PERFORMANCE

3.SUIT FOR DAMAGES FOR BREACH OF CONTRACT

4.SUIT FOR RECOVERY OF PRICE

CONTD …..
SELLER’S RIGHT AGAINST THE BUYER
(SEC 55-56)

1.SUIT FOR PRICE

2.DAMAGES FOR NON

ACCEPTANCE