A sale is a transfer of goods for price from seller to buyer. Ownership is a legal and the ultimate rights over the goods of a person. It is a transferred by the contract the sale. When ownership of goods is transferred to buyer he becomes the owner of the goods. It is different from transfer of possession when implies the custody or control of goods. Likewise a person may have possession of the goods but he may not have ownership. Therefore in the case of sale of goods ownership of the goods must be transferred.
Rule regarding transfer of ownership
The parties are free to fix the time for the transfer of ownership from the seller to the buyer. The ownership of goods or property in goods may pass at once, or at a future time or on the performance of condition. In this regard there are certain rules of ownership are as follows.
- Transfer of ownership of specific or ascertained goods when there is contract for sale of specific or ascertained goods which are in a deliverable stage the ownership is transferred to the buyer at the time of contract. Where the seller has to do something to make the goods deliverable, it is not possible to deliver the goods. If there is still something to do for delivery, there is no transfer of ownership. Where the seller has to do the act of measurement of the goods to be delivered, if he fails to do so there is no transfer of ownership.
- Transfer of ownership of unascertained goods: The goods which have not been particularized but described only by name they are called unascertained goods. This kind of sale is not actual sale. It is an agreement to sell when goods are ascertained after the act of deliverable stage or necessary measurement than transfer of ownership will be actual.
- Transfer of ownership after approval or acceptance of goods: When goods are delivered to the buyer on approval on sale or return or on other similar terms, the ownership is regarded as follows. If he do sent signify his approval or acceptance to the seller he returns the goods prescribed time or reasonable
- Buyer can inspect the goods: The buyer has right to inspect the goods delivered. He should have reasonable opportunity to inspect the goods to ascertain whether the goods correspond to the mentioned terms in the contract or not, until the goods are inspected and accepted by the buyer the ownership is not transferred to them.
- Send the bill and related document to the buyer: The seller has to send the bills and other related documents with the goods delivered the ownership of goods shall not to have been transferred after their sale until basic documents connected with their ownership are also handed over by seller to the buyer.
- Duty of seller must be done.