agreement to sale/sale
r.pratap
(Querist) 14 August 2015
This query is : Resolved
Sir
I want to purchase undevided share of land fron some one.Can I mention full purchase price of land say rs,450000/in agreement to sale itself as received or I should keep some money pending to be paid at the time of registration.is it true thst before registrstion if full money is received in agrrment to sale it becomes sale deed and unregistered .if I pay full money how the purchaser will come forward for rest of work
secondly , can I get possession , in agreement to sale while some consideration still pending.
thanks.
Guest
(Expert) 14 August 2015
Better Seek the Help Of Local Good Advocate and Have the Legal Opinion Done For the Documents and Seek Guidance. Have His Presence For Payments and Other Schedules So that you would be Legally Safe.
Anirudh
(Expert) 14 August 2015
Please understand the following:
1. Agreement to sell is different from Sale Deed.
2. In some States, even Agreement to Sell is required to be compulsorily registered. Please check up. The stamp duty paid at the time of registration of Agreement to Sell would get adjusted at the time of Registration of Sale Deed.
3. There is nothing wrong in paying the entire amount at the time of entering into Agreement to Sell, or to keep some balance to be paid at the time of Registration of Sale Deed. It all depends upon the confidence that you have in the seller.
4. If you have doubt (naturally and it is quite correct) that the seller will not come forward to do rest of the works after receipt of full consideration, then you have to put appropriate conditions in the Agreement to Sell itself to ensure that your interests are protected. For this, you have to definitely get in touch with a lawyer well versed in property law.
5. Yes, you can get possession of the property at the time of entering into Agreement to Sell itself, even though some consideration may be pending. The re should be clear indication in the Agreement to Sell that the seller has handed over vacant possession of the property to you. (Without this clearly mentioned in the Agreement to sell, it will be very difficult for you to say that you got the possession at the time of Agreement to sell. So ensure this). However, if you get possession at the time of Agreement to Sell, then as per Sec. 17(1-A) of the Registration ACt, the same is required to be compulsorily registered. Otherwise such an Agreement has no validity in the eyes of law.
6. It is not correct that if full consideration is received at the time of entering into Agreement to Sell, it will automatically become Sale Deed. Sale Deed is required to be separately Registered - otherwise it has no validity.
7. Please get in touch with a lawyer, get the Agreement to sell and Sale Deed properly drafted. For this you may have to pay fee to the Lawyer. But, please remember it is worth paying such a fee and get your interests protected, than to regret later.
Pl. feel free to ask in case you have any other doubt.
Wishing you all the bests.
Guest
(Expert) 14 August 2015
Well Attended by Anirudh/Anuradha If She/He (Anirudh) had Provided Her/His Contact Details,Address Etc in His/Her Profile It Would have been Better For the Querist/Author to Contact Her If Required
r.pratap
(Querist) 14 August 2015
Sir
Anirudh sir.thahks a lot ,really you have given a excellent reply.God bless u.
R.pratap.
Rajendra K Goyal
(Expert) 14 August 2015
Well advised by the expert Anirudh, agree to it.
