1. 18.1 1.1
TRANSFER OF
PROPERTY
Presented by:
Raja
Sharad
Presented To: Shailendra
Satish
D.K. Panday Ramayan
Ravi

2. 18.2 1.2
TRANSFER OF PROPERTY
 Section 18-25
 What does „property of goods‟ mean?
When does the property in the goods paas
from the seller to the buyers?
 When does the property pass from seller to the
buyer?
In a sale of goods, the property in them is
transferred to the buyer at such times as the
parties to the contract intend to be transferred.

3. 18.3 1.3
Rules as Regards
Ascertaining Intention
(sec.20-24)
 Specified goods in deliverable state(sec.20)
Goods are said to be in a deliverable state
when they are in such state that the buyers
would under the contract be found to take
delivery of them.

4. Specific goods not in a
18.4 1.4
deliverable state (Sec.21)
Something has to be done by the seller to
put them in a deliverable state, property
passes only when such thing is done, and the
buyer has notice thereof.
Where there is a contracr for the sale of
specific goods in a deliverable state but seller
is bound to weigh, test or do some other thing
with reference to them, for ascertaining the
price, the property does not pass till such act
or thing is done and the buyer has notice of
it.(sec.22)

5. 18.5 1.5
Unascertained or future
goods (sec.23)
There is a contract for the sale of
unascertained goods, property in the goods in
not transferred to the buyer unless and until
the goods are ascertained.(sec18)

6. 18.6 1.6
Sale “On Approval” or
Sale or Return” basis
Where goods are delivered to the buyer „on
approval‟ or on „Sale or return‟ or similar
terms, the property passes to the buyer:

7. 18.7 1.7
Transfer of title by Non-
owners (sec.27-30)
General rules as to transfer of
title (sec27)
The general rule is that only the owner of
goods can transfer a good title. No one can give
better title than he himself has. This rule is
expressed by the maxim “Nemo dat quod non
habet,” which mean “that no one can give what
he himself has not.”

8. 18.8 1.8
Exceptation of the rule
 Sale by mercantile agent.(sec.27)
It as an agent having in the customary course of
business as such agent authority either to sell
goods for the purpose of sale, or to buy goods, or
to raise money on the security of goods.
 Sale by a joint-owner.(sec.28)
Several joint owners of goods has the sole
possession thereof,with the consent of the
others, any purchaser from such person, for
value without notice at the time, of the seller’s
want of authority to sell, acquire a good title
thereof against the other joint owners.

9. 18.9
Sale by a person in possession
under a voidable contract.(sec.29)
A person who has obtained possession of
goods under a contract which is voidable on
the ground of
fraud, misrepersentation, coercion, or undue
influence, can convey a good title, provided
the sale takes place before the voidable
contract is avoided.

10. 18.101.10
Saleby a seller in possession of
goods after sale.(sec.30)
A seller having sold goods, continues in
possession thereof or title to the goods, the
transfer by such person or by a mercantile
agent acting for such person, of the same, by
way of sale will paas a good title to the
transferee, if such latter person has acted in
good faith and without notice of the previous
sale.

11. 18.11
Sale by buyer in possession of
goods.(sec.30 (2))
A person having bought or agreed to buy
obtains, with the consent of the
seller, possession of the goods or of the
documents of title to the goods. The delivery
of such person, of the goods or
documents, pledge or other disposition thereof
will be valid and effective, if the person
receiving the same, acted bonafide and
without notice of the seller‟s lien, if any.

12. 18.121.12
Sale by an unpaid seller.(sec.54
(3))
An unpaid of goods who has exercised his
right of the lien or stoppage in transit can,
even though the ownership in them has
passed to the buyer, resell the goods and
convey a valid to another buyer, though no
notice of re-seller has been given to the
original buyer.

13. 18.13