Sale deed registartion
Vijay Kumar
(Querist) 02 June 2017
This query is : Resolved
I have executed sale agreement in Delhi with joint sellers Husband and his wife with the condition of payment to be made within 30 days. Advance Payment was made to them through online. I have arranged my balance payment to settle the transaction through taking home loan from bank and bank has disbursed the loan in my loan account. Also I have paid e-stamp duty and registration fee as per circular rates applicable in Delhi few days before registration. But in my case, Seller's wise is seriously ill and admitted in hospital and was got operated.
The time period ends (30 days) on Saturday. There after is Sunday. I have also communicated to seller for registration through whats app. In this situation what is remedies available to Sellers and Buyers? What will be the remedies if in case of death of wife? Please Guide
Dr J C Vashista
(Expert) 02 June 2017
Since the both of them (husband and wife) are owners/sellers consent of both is necessary to execute the Sale Deed.
However, when the lady is hospitalized and she cannot move to visit SR Office to get the document registered. Moreover, the Sub-Registrar do not have any authority to visit the seller/patient for the purpose.
Pray for early recovery of the lady.
Meanwhile she may execute POA in favour of her husband to get the document registered, however, the POA must be registered, which is not possible in such circumstances.
In present scenario the only option available to the parties is to extend time of the agreement by mutual consent.
Guest
(Expert) 02 June 2017
So, you anticipate death of the wife of the seller husband?
In fact, from your question, "What will be the remedies if in case of death of wife? Please Guide," itself gives a very clear impression as if you have sought an answer to some academic question, otherwise your question was quite premature and uncalled for.
However, if there is any truth in your story, you can safely act upon the advice of Dr. JC Vashista, who has advised you very well.
Hemant Agarwal
(Expert) 02 June 2017
CONSIDER THIS:
1. "SINCE" you have "already" & duly executed & registered a Stamp Duty paid "Sale Deed", it really does not matter whether either of the party survives /available or not. IF the Deed is not registered, only then problems would arise. Banks would not give loan, based on any unregistered Deed. Hence the available registered deed, is sufficient for all futuristic legal purposes. PERIOD.
2. You may pay any balance amount and obtain proper receipt and possession of property. There is no need for any further registration.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 02 June 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Sale-deed-registartion-643166.asp
Vijay Kumar
(Querist) 03 June 2017
Thank you so much Dr J C Vashista Sir.
Please let me know about the impact of price of said property. I have agreed to buy this property prior to 6 months back but during this period price of this property has come down along with others property in same locality. But however I intended to buy this property at agreed price till the agreement. Can I ask seller about to buy this property at present market rate or I have right to call off deal and demand my money back at double rate. Kindly guide on this issue of price of property because time and price are main issues of the agreement. thanks
Vijay Kumar
(Querist) 03 June 2017
Thank you so much Dr J C Vashista Sir.
Please let me know about the impact of price of said property. I have agreed to buy this property prior to 6 months back but during this period price of this property has come down along with others property in same locality. But however I intended to buy this property at agreed price till the agreement. Can I ask seller about to buy this property at present market rate or I have right to call off deal and demand my money back at double rate. Kindly guide on this issue of price of property because time and price are main issues of the agreement. Thanks
Vijay Kumar
(Querist) 03 June 2017
Thank you so much Dr J C Vashista Sir.
Please let me know about the impact of price of said property. I have agreed to buy this property prior to 6 months back but during this period price of this property has come down along with others property in same locality. But however I intended to buy this property at agreed price till the agreement. Can I ask seller about to buy this property at present market rate or I have right to call off deal and demand my money back at double rate. Time period (30 days) ends today. Kindly guide on this issue of price of property because time and price are main issues of the agreement. thanks
Dr J C Vashista
(Expert) 03 June 2017
You are supposed/expected to stick to your promise with the seller qua settled time to execute Sale Deed, rate/amount of property. Markets are volatile and get ups and downs, conversely promise is to be maintained, adhered and kept.
However, with a fresh agreement, the terms and conditions of the new agreement including time (an essence of an agreement) and amount can/may be resettled considering all the factors as agreed between both of you.
Dr J C Vashista
(Expert) 03 June 2017
Please do not repeat same query time and again, it is ridiculous, absurd and stupidity.
If you are dissatisfied with the opinion and advise rendered by expert (FREE OF COST) you must seek professional services of some local prudent lawyer.
Guest
(Expert) 03 June 2017
Sorry to Disagree With Mr.Hemant Agarwal
Guest
(Expert) 03 June 2017
Mere Sale Agreement will not have any Legal Value of Ownership even if the balance payment is made
Guest
(Expert) 03 June 2017
Registration of Sale Deed Is mandatory
Guest
(Expert) 03 June 2017
Refer Sec 31 of Registration Act 1908
Guest
(Expert) 03 June 2017
On Special request basing on the above Act the Concerned Registrar would execute the Registration at hospital or house in case of Sick Patients
Guest
(Expert) 03 June 2017
Discuss and Request the concerned Registrar
Guest
(Expert) 03 June 2017
Or seek the help of Local Good Senior Advocate
Guest
(Expert) 03 June 2017
Registration could be done at Hospital Or at Home in Case of Sick Patients as per above mentioned Act Please
Vijay Kumar
(Querist) 03 June 2017
I m extremely Sorry Dr J C Vashista
Vijay Kumar
(Querist) 03 June 2017
Sir Kindly clarify on the following issue:
Agreement made on 4th May and final full payment to be made "within or before 30 days".
when 30 days ends? What will be the last date?
Whether 4th May will be counted in 30 days.
If so,30th day is 2nd June
if not so, 30th day is 3rd June which falls on Saturday and subsequent days is Sunday.
please guide
Rajendra K Goyal
(Expert) 03 June 2017
You should go to the registrar office and get proof that you were present on the day.
Send registered notice and file case for specific performance.
Dr J C Vashista
(Expert) 04 June 2017
@ Vijay Kumar,
There is nothing as such to say "sorry" for my views, you have your own perception which may differ with me. It is your right to accept or differ.
1. You did not disclose the date/month/year in your question (not query) when the agreement was executed. You have stated inter alia, that you have executed a Sale agreement in Delhi for purchase of a property from husband and wife and payment to be made within 30 days. Thereafter you have stated to have arranged balance of consideration whereas 30 days expire on Saturday followed by Sunday. Meanwhile one of the two sellers (wife) got hospitalized and could not execute/register sale deed. Your question pertained to remedy available to sellers and buyers in the circumstances. Second part of your question pertained to the hypothetical situation qua remedy available in case of death of one of the seller. I have tried to confine and respond specific to your question, if you are not satisfied, it is all up to you.
2. If you feel so strong about my personal opinion, consultation and guidance you may take an appointment and clarify your doubts.
3. You will appreciate the fact that the experts responding to the queries of needy litigants on this platform is with the sole aim to render social service ABSOLUTELY FREE OF COST, sparing valuable time at the cost of their professional/ domestic life and utilizing their personal legal acumen-ship, experience and intellectual proprietary.
4. Please remember this platform is to guide needy litigants FREE OF COST.
5. I have responded to your repeated query, which I am not bound to and that I should not have replied had I found/ observed it to be your repeated attempt. You were already advised by experts in your previous thread. If you were dissatisfied with the response you should have preferred for professional consultation with some local lawyer.
6. I would like to reiterate it is ridiculous and absurd to repeat same query/question time and again.
7. Enough, close this thread please.
Guest
(Expert) 04 June 2017
Dear Dr. JC Vashista,
Probably, you have not noticed a great contradiction in the description of the author of the query, which clearly reveals the story to be quite hypothetical.
Contrary to his own original description about 30 days of agreement, he has now in his clarification stated the period of agreement prior to 6 months.
As per his initial query, he stated, "I have executed sale agreement in Delhi with joint sellers Husband and his wife with the condition of payment to be made within 30 days."
Now in his clarification, he has stated, "I have agreed to buy this property prior to 6 months back but during this period price of this property has come down along with others property in same locality."
Since his question was quite premature and on the situation yet to come about unwarranted death of one of the agreement party, instead of asking for the solution how to get the job of deed accomplished, that is why, on his question "What will be the remedies if in case of death of wife? Please Guide," I made my observation, that his query in itself gives a very clear impression as if he had sought an answer to some academic question.
Dr J C Vashista
(Expert) 04 June 2017
Dear Sh.PS Dhingra,
Initially I took the query as genuine and responded but ignored his statement qua time, which is the essence of an agreement to sale/purchase.
In last post the author has shown his colour compelling me to clarify our position qua responding to a hypothetical and imaginary question.
Thank you for enlightening me for the point missed by me.
Warm regards
Guest
(Expert) 04 June 2017
You are welcome Dr. Vashista.
Vijay Kumar
(Querist) 05 June 2017
I am sorry Dr. Vashist sir and Sh. Dhingra sir.
This is not hypothetical and imaginary question. It is real situation where I m stuck very badly. I have also paid at least 25% amount of my hard earnest money.
Guest
(Expert) 05 June 2017
Better get your case related documents examined by some local expert to know the course of action, if really you have any such problem.
Dr J C Vashista
(Expert) 06 June 2017
You have adequately been advised by the experts on this platform, nothing more to add without going through entire case, which you can send to me, if you feel like. Please note, it would be a professional advise for which you will be charged.
Thanks & regards,
Dr. J C Vashista, Advocate,
email: majjagdish@yahoo.com
Cell# 9891152939
