308 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- S ECTION 55 (1) ( D ) — E XECUTION OF CONVEYANCE
(1) The execution may be to the purchaser or to such person as the purchaser shall direct. Consequently, on a resale by the buyer before conveyance, the conveyance may be direct to the sub-purchaser. The seller may require the original buyer to be a party to the Conveyance if there is a difference of price but not otherwise.
(2) It is the duty of the buyer to tender to the seller a proper draft— 31 Cal. L.J. 87.
(3) This duty of the buyer is subject to a contract to the contrary.
(4) The execution of the conveyance and the payment of price are reciprocal duties to be performed simultaneously. They are concurrent promises. If either party sues for specific performance, he must show that he was ready and willing to perform his part.
(5) Proper time for execution: —
(i) The section is silent as to what is proper time.
(ii) The time is usually settled by the contract of sale.
(iii) If time is fixed, and an unreasonable delay occurs, the proper course is to give notice making time the essence of the contract.
(iv) If time is not settled, the proper time is the date when the seller makes out his title.
(6) Proper place for execution: —
(i) The Section is silent.
(ii) Since it is the buyer who has to tender the draft conveyance to the seller, the proper place for execution would be the Seller’s residence or his Solicitor’s office.
(7) Cost of Conveyance :—
(i) The Section is silent.
(ii) This is usually settled by the terms of the contract.
(iii) In the absence of any express term, the buyer has to pay the cost of the Stamp—Section 29 (c) Indian Stamp Act.
- S ECTION 55 (1) ( E ) — C ARE OF P ROPERTY
(1) The contract of sale does not give to the buyer any interest in property. But it imposes upon the seller a personal obligation to take care of the property.