Restriction in sale deed

Surender Oberoi (Querist) 09 December 2011 This query is : Resolved
can a vendor put in a clause in the sale deed that the vandee cannot sell the property say within 5 yrs ? What will be the legality of this document ? Please enlighten on this.

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V R SHROFF (Expert) 09 December 2011
Vendor selling his right , interest title and bind himself to execute sale deed after 5 years to you only, and no one else, for which you paid him advance consideration.

prabhakar singh (Expert) 09 December 2011
If possession has been parted by the vendor putting the buyer in physical possession while executing sale deed, the clog made on title as a term not to sale for 5 years is void in my opinion.

Rajeev Kumar (Expert) 09 December 2011
Agree with experts

Devajyoti Barman (Expert) 10 December 2011
No he can not.
Even if he mentions anything like that, that would not be binding on the purchaser.

Sri Vijayan.A (Expert) 11 December 2011
Sale consideration (Money) has been paid.
Possession is given.
Then, the vendor cant impose any such condition.

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