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Samson Samuel (Lawyer)     08 June 2011

Registration of Agreement to Sell

Hi

I am about to buy a flat in Mohali, Punjab. This week we will be doing the Agreement to Sell with the builder with the payment of advance. The possesion will be after 14 months.

I have a question whether i should get this agreement registered or not. Is it neccessary to get the agreement registered.

Kindly Advice



Learning

 5 Replies

pervez (adviser)     08 June 2011

Dear, It is always advisable to have an agreement and registration thereof in such cases. This will strengthen the legal position of a buyer and he/she can enforse it in a court of law in case delivery is not given in time as agreed. The buyer can also file suit for specific performamce... The stamp duty paid on such agreement is adjusted while paying duty for sale deed for the flat.

regards 

Rajender Dahiya (Partner/Advocate)     08 June 2011

Since u r entering into agreement with Builder so I will advise you to get it register.......

Samson Samuel (Lawyer)     09 June 2011

thanks for your advice... I will get the agreement registered..

SREEKUMAR (ADVOCATE)     10 June 2011

registered or not doesn't make much difference in ur case. u should have the agreement in writing, with all the necessary stipulations. meet  a lawyer local and get advice from him on the draft agreement and continue with ur process.

Ravikant Soni (LAWYER IN JAIPUR)     10 June 2011

Not fatal if you do not register the agreement because possession is not transfered so no legal requierement of registration but take care, pay advance money by cheque. Execute the agreement properly witness should be your known so if needed they can support you in the court. you can get advice of local good lawyer.


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