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Landforsale (Conf)     23 September 2012

Agreement for sale vs sale deed value

Hi

I am in the process of finding a buyer for my land. One of the buyers approached me stating that he wants to buy the land at market value (Rs 20,00,000) but register the land for Guideline value only (Rs 5,00,000). Since the cash transaction might happen 3-4 days before the date of registration, he is suggesting that we create an "agreement for sale" for 20 lakhs where he wants me to sign stating that I received 20 lakhs in cash. Once I sign the sale deed for Rs 5 lakhs he is suggesting that he will mention "Cancelled" on the agreement and he will sign underneath that.  While he is saying that this has no risk for the seller (myself) I have the following question:

(i) Along with Cancelled, should I also ask him to write a statement stating the entire amount of Rs 20 lakhs was paid back or something to that extent. What if, after signing the sale deed for Rs 5 Lakhs he comes back asking for the Rs 15 lakhs stating that since the sale happened only for Rs 5 lakhs but he paid Rs 20 lakhs during the agreement stage, I owe him Rs 15 lakhs now. 

Thanks.



Learning

 3 Replies

A.SUMATHY 9380902017 (LAWYER)     23 September 2012

Intially sign 20lakhs agreement and at the time of signing sale deed

Rs.5 lakhs cancel the agreement and take back 20 lakhs agreement original.

don't put any sign for 20 lakhs after sale deed.

Landforsale (Conf)     23 September 2012

Thanks for your response.  I have a follow up question:

Is it enough to mention "Cancelled" on the agreement and get the buyers signature  (Or) Should I also ask him to mention that the payment of "15 lakhs" was returned in full.  Because his record will show that he has paid 20 lakhs to me while the sale amount is only 5 lakhs.. What if he comes back saying that the agreement was cancelled but the money of Rs 15 lakhs was not returned to him..

A.SUMATHY 9380902017 (LAWYER)     23 September 2012

dont give any receipt for 20 lakhs. at the time of signing sale deed get back original agreement.


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