PROPERTY TRANSFERED TO THE BUYER BUT FULL PAYMENT NOT DONE
Yagnesh rathod
(Querist) 04 May 2016
This query is : Resolved
When a there was an agreement between two parties to sell a property on certain amount and before the execution of sales deed certain part of amount is paid off to the vendor by the buyer and after the property has been sold to the buyer and the title is been vested into the buyer, the buyer wilfully denies or doesnt answer to make the other part of the payment which is outstanding on his side.
In this case what remedy buyer has to claim the other outstanding part of the amount, can he call for cancellation of the registration or how can he recover his amount.
Kumar Doab
(Expert) 04 May 2016
usually it is narrated in the sale deed that full payment has been made and nothing is pending................and it is signed before Sub-Registrar.
Until full payment is made Sub-Registrar may not agree to register.
How would the seller claim now that full payment is not made?
Rajendra K Goyal
(Expert) 04 May 2016
The terms of agreement to sale need to be referred for cancellation of the agreement clause and should proceed accordingly.
P. Venu
(Expert) 05 May 2016
Is this outstanding amount reflected in the sale deed?
Yagnesh rathod
(Querist) 05 May 2016
Yes the amount has been reflected in lumsum manner e.g 1.5 cr is mentioned to be paid out of which only half amount had been paid before registration and rest was promised orally to be payed after registrarion
Yagnesh rathod
(Querist) 05 May 2016
Yes the amount has been reflected in lumsum manner e.g 1.5 cr is mentioned to be paid out of which only half amount had been paid before registration and rest was promised orally to be payed after registrarion
Yagnesh rathod
(Querist) 05 May 2016
And the whole amount has been mentioned in the sales deed for which the land has been sold
Kumar Doab
(Expert) 05 May 2016
You have not replied to the point raised by Expert Mr.Venu.
Your last reply probably means that outstanding amount was mentioned in sale deed and that it has been collected by seller and nothing shall be paid before Sub-Registrar.
You should post all facts in 1st post itself.
You may show all docs on record to an able counsel for a considered opinion.
P. Venu
(Expert) 05 May 2016
Your posting above, I am sorry to state, contain disinformation than information.
The information sought was very specific: does the deed of conveyance state that only part of the sale price has been paid and remaining amount would be paid at a later date?
Kumar Doab
(Expert) 05 May 2016
Agreed with Mr. venu.
Transfer of Property Act, 1882: Sec;54;
" Deferred payment of sale consideration does not attract passing of the title of the property so transferred from the transferor (seller) to the transferee (buyer)."
Generally, the entire sale consideration is paid to the transferor at the time of registration of sale deed unless there is an agreement between the parties to the contrary.
Is there any such sale agreement and recital in sale deed?
Is there recital of details of advance payment if any, made and mode of payment of balance of sale consideration...........and
Acknowledgement of receipt of advance and the sale consideration by the seller?
Does the statutory provisions, administrative instructions, circulars, state rules permit the Sub Registrar to register sale deed for such nature of property?
malipeddi jaggarao
(Expert) 05 May 2016
Agreed with experts Mr.Venu and Mr.Kumar Doab. Once it is recited in the sale deed that sale consideration is received, you have no remedy to claim any amount which was agreed orally.
Yagnesh rathod
(Querist) 20 May 2016
Yes the outstanding amount is reflected in the sales deed
rajeev sharma
(Expert) 08 July 2016
I fully agree with the views of learned experts MR. Venu and MR, Doab.The sale consideration may be paid at the time of sale or in future as agreed by the vendor and the vendee. But in the later case the sale deed must have the complete narration of the conditions of payment of balance sale consideration.
In the instent matter the author has no remedy but to file a civil suit for cancellation of sale deed
Kumar Doab
(Expert) 08 July 2016
The author took one long month to reply.
The author has been duly replied and can benefit from the advises in the thread.
