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Anonn   02 July 2024

Agreement for sale or sale deed in mumbai

I am purchasing a resale flat in Mumbai, the previous flat owner purchased it from builder in 2017 and made an “agreement for sale” and paid stamp duty and registered the property. Now in 2024 I am buying the property, we have agreed for a date to do registration by making an agreement for sale, 1st installment will be paid on the date of registration via online transfer, rest all installment will be paid in 2 months’ time from the date of registration. My question is after 2 months when the entire amount is paid do I have to make a “Sale Deed “again and register that sale deed? Because just making agreement for sale will not transfer the title of property to me. Is it necessary to make Sale deed? or agreement for sale will be sufficient, because the lawyer is saying you don’t have to make sale deed and they will put a clause in agreement for sale that on completion of entire amount of payment the agreement for sale will be considered as sale deed. Can you please tell me the standard practice that is followed in Mumbai.



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     02 July 2024

Agreement of sale will not confer the title to the purchaser, hence it is essential to get the sale deed executed and registred on your name if you want to have a clear and marketable title to the property you propose to purchase. 

Anonn   03 July 2024

T. Kalaiselvan Sir thank you very much for your reply, so after 2 months when the entire payment is done, I will have to make a sale deed and get it register, so that the title will be transferred in my name? Thank you in advance.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 July 2024

Tes it is true

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

Your understanding is right, you may follow the suggestions given if you have to be legally safe in this regard


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