This might sound like a very trivial question. However, much turns on the answer to this seemingly innocuous question, as its potential answer can create or extinguish liabilities.Before delving into the topic, it is apposite to note some provisions of law.A motor vehicle is after all a movable good, a chattel, and hence its sale, transfer etc., would be governed by the provisions of the Sale of Goods Act 1930. Section 19 and 20 of the Sale of Goods Act states how transfer of property in goods takes place. Property passes when intended to pass.— (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. (2)For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case. (3)Unless a different intention appears, the rules contained in sections 20 to 24 are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the… Read full this story
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