Delhi govt says "agreement to sell" registration is mandatory --- clarify plz
Rinu
(Querist) 09 September 2015
This query is : Resolved
Delhi Govt website says--
"Are You Aware That ‘Agreement to Sale’ is Now Required to be Registered"
Then I made some research, found that perhaps it is mandatory for agreements where possession is transferred at the time of Bayana/ earnest money otherwise not mandatory.
But I am still not clear.
Kindly guide me whether 'Agreement to sell' is essential in all cases or only in the cases where possession is transferred at the time of bayana.
Here I am giving link of Delhi Govt.---
http://tinyurl.com/nj94uj9
Anirudh
(Expert) 09 September 2015
Dear Rinu,
Earlier you asked in another thread whether probate of a WILL is a must in Delhi?
That query was answered.
Now, after seeing some website, you want certain clarifications, that too with so many ifs, and suppositions.
Please note, this LCI site is to provide help to those who have legal problems. Not to run a tutorial.
Therefore, if you have any real problem in hand (naturally facts of such a real problem will not be 'if', suppose etc.) please state and seek the answer to the query.
Rinu
(Querist) 09 September 2015
My dear sir Anirudh,
I am thankful you replied but even there your reply was without any reference. No Act/ no section/ no caselaw.
Still thnx.
One more thing, anyone can have more than one issue.
So what?
I have noticed here that the one's who reply become very much irritated, very easily as if the questioner has taken something from them, really not good.
Anirudh
(Expert) 09 September 2015
Dear Renu,
I have only to give a reply to your query - not to cite rule, regulation, act, section, sub-section etc. That is not expected here. We are not rendering any full-fledged legal service.
As regards your second query - it is not the number of questions that is being pointed out to you. But the complete vagueness of the queries raised by you by saying 'if', 'suppose' etc. In real fact situation such 'ifs' and 'supposition' does not find a place. It is straight fact. That's all. To the fact, one has to indicate the correct legal position.
Nobody can take anything from anybody. Nor am I ever a loser by sharing my views. But the point is there must be focus on what one wants, which the 'ifs' and 'suppose' completely robs.
Guest
(Expert) 09 September 2015
Any Un Registered Document Will Not be Legally Valid Including that Of Sale Agreements.That's It.It is up to you to decide if you are the Buyer whether you Prefer to be Legally Safe Or Not.
Guest
(Expert) 09 September 2015
Academic Query
Kumar Doab
(Expert) 09 September 2015
Mr N.J.S Kumar has given answer to your query.
So even if it advertised or not advertised it is in interest of everyone to register all documents including agreement to sell.
You must have heard of 'Buyer Beware'.
Rajendra K Goyal
(Expert) 09 September 2015
Academic query, state facts if problem is real.
Rinu
(Querist) 09 September 2015
Respected Mr. Anirudh, I do agree absolutely with you that the question should be clear, pin pointed.
So I modified it already.
But I am not in agreement with you that you are not supposed to cite section/ subsection. Without exact reference it does not become clear that what you say, why you say.
Nevertheless I am thankful.
Rinu
(Querist) 09 September 2015
Mr. N.J.S. & Rajendra ji,
Okay, I wanna tell you that I wanna buy a double storey house of 280 square yards in Punjabi Bagh, Delhi.
The Bayana amount will Rs. 50 lakhs. I am not taking any possession at the time of bayana.
Now there is always some gap in circle rate and actual rate.
So my agent is telling me that an unregistered "agreement to sell" executed on Rs. 100/- stamp paper is equally valid, if duly signed, thumb marked, witnessed with ID proofs of all the involved people.
he is telling that as possession is not being transferred at the time of bayana so un-registered bayana is best.
Hope now U understand sirs.
Also tell with sections etc, if possible.
Rinu
(Querist) 09 September 2015
One request, kindly do not consider my cross questioning as an aggression/ dis-respect, no, I am only expecting some exact guidance.
Thnx
Dalip Singh
(Expert) 10 September 2015
Bayana Agreement executed on Rs. 100/- stamp paper duly signed, thumb marked, witnessed with ID proofs of all the involved people is valid and can be specifically enforced and not required to be registered. On making balance payment, the possession will be delivered to you and sale deed will be executed and registered in your favour in the office of Sub Registrar - IIA, Punjabi Bagh, New Delhi.
Mole has been made mountain. Your Agent has advised you rightly and this is common practice in Delhi. Agreement to Sell is Bayana Agreement. And Agreement to Sale with possession is required to be registered not bayana agreement. So, enjoy, get the deal completed and take the possession and get registered sale deed in your favour. Cheers.
Rinu
(Querist) 11 September 2015
Thnx a lot Dalip Ji and all the experts, but still it would be better if I get act/section/subsection explanation also.
Dalip Singh
(Expert) 11 September 2015
It would also better if we send you latest CITATIONS/JUDGEMENTS along with Act/Sub section and explanation! Why don't you join law school and do LL.B.
Rinu
(Querist) 18 September 2015
Dalip Singh ji, sorry sir, no offence meant, rather I am really grateful. I asked only because even lawyers are giving diverse advice, nothing else intent, sorry.
T. Kalaiselvan, Advocate
(Expert) 19 September 2015
@Mr. Renu, Firstly expert Mr. Anirudh gave a clear opinion and also expressed his views to the expressions and comments you have passed on his remarks and I consider his expression was very much proper.Whatever he said is right, you cannot expect the experts here to give you full fledged legal service at free of cost, you can get only opinions and suggestions to the actual legal problems you may face and seek clarification to overcome the problems.
Next expert Mr. Dalip Singh has explained you how to tackle the issue based on the practical issues in vogue. Despite that you still insist on the sections and provisions of law for buying a property on some mode.Are you interested in knowing the law governing the purchase of property issues or interested in buying the property alone??
Legally speaking any unregistered sale agreement is invalid in the eyes of law and this can be established only when you file a suit for specific performance of contract after the vendor fails to keep up his promise for executing the sale deed in your favor at a later stage on completion of the sale agreement period.
So think about what can be done now.
Rinu
(Querist) 24 September 2015
Thanks a lot to all the experts.
Kumar Doab
(Expert) 24 September 2015
The experts have provided illustrious advise to author in all threads initiated by author including previous, current, and another thread at:
http://www.lawyersclubindia.com/experts/Must-i-get-this-agreement-registered-or-not--561996.asp
The threads are interesting and the matter involves high value transactions.
Certainly an able lawyers support is warranted and lawyer can defend by drafting suitable agreement to cover the interest of the client.
