સામાન્યરીતે જયારે કોઈ મિલકતનાં વેચાણ વ્યવહાર કરવામાં આવે છે ત્યારે તેનાં દસ્તાવેજ રજીસ્ટ્રેશનની તારીખથી જ સદર મિલકતના ટાઈટલ તથા માલિકી હક્ક ખરીદનારને ટ્રાન્સફર થતાં હોઈ છે. પરંતુ આ કોઈ ચોક્કસ નિયમ નથી. તે અંગે વેચાણ વ્યવહાર કરનાર પક્ષકારોનો ઈરાદો પણ ધ્યાને લેવો જરૂરી હોય છે. દસ્તાવેજ રજીસ્ટ્રેશનએ મિલ્કતની તબદીલી અંગેનો પ્રાઈમાંફેશી પુરાવો ગણી શકાય તેમછતા પણ તેમાં અવેજની કન્ડીશન પૂર્ણ નાં થાય ત્યાંસુધી મિલકત ટ્રાન્સફરનો વ્યહવાર ઓપરેટ થઇ શકતો નથી. 

રીલેટેડ પેરેગ્રાફ :

Transfer of Property Act (4 of 1882), S.54–Execution and registration of sale deed is not sufficient to prove passing of title and ownership in favour of purchaser. Intention of parties must be ascertained.

Normally, ownership and title to the property will pass to the purchaser on registration of the sale deed with effect from the date of execution of the sale deed. But this is not an invariable rule, as the true test of passing of property is the intention of parties. Though registration is prima facie proof of an intention to transfer the property, it is not proof of operative transfer if payment of consideration (price) is a condition precedent for passing of the property. The answer to the question whether the parties intended that transfer of the ownership should be merely by execution and registration of the deed or whether they intended the transfer of the property to take place, only after receipt of the entire consideration, would depend on the intention of the parties. Such intention is primarily to be gathered and determined from the recitals of the sale deed. When the recitals are insufficient or ambiguous the surrounding circumstances and conduct of parties can be looked into for ascertaining the intention, subject to the limitations placed by Section 92 of Evidence Act. (Para 8) 

In the instant case, though the execution of sale deed and its registration was not in dispute, the parties intended that ownership of the property would be transferred to the purchaser only after receipt of the entire consideration by the vendors, as a condition precedent in view of the operative portion of the sale deed clearly stating that the vendors have agreed to receive the balance consideration in the presence of the Sub-Registrar on the date of the registration of the sale deed and that in consideration of payment to be so made, the property was being conveyed to the purchaser, and Sub-Registrar has also clearly recorded that no amount was tendered or paid by the purchaser to the vendors in his presence. Though the sale deed recited that the purchaser was entitled to hold, possess and enjoy the scheduled properties from the date of sale, neither the possession of the properties nor the title deeds were delivered to the purchaser either on the date of sale or thereafter.

Held that, the title did not pass either on execution or registration of sale deed. The parties really intended that title of ownership to the suit properties would pass to the purchaser only after payment of full consideration by the purchaser to the vendor as a condition precedent. Parties did not intend that there should be transfer of ownership merely on execution and registration of the deed. (Paras 9 11)