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Sale deed v/s sale agreement

(Querist) 18 March 2014 This query is : Resolved 
Resp/Senior

As per sale agreement betwin buyer and seller,water boring facility are not showing in agreement but water boring facility showing in sale deed at the time of registration. at present builder ( seller ) saying that water boring facility not mention in sale agreement , at the time of registration of sale deed buyers mention the water boring facility and i have not read the sale deed & i have signed at sale deed in confidence of buyers. 1) water boring are not available in building 2) sale agreement are not registered
Sir , my question are that sale agreement valid or sale deed valid in this situation ?

ajay sethi (Expert) 18 March 2014
from facts stated by you it appears that in sale deed builder has mentioned that water boring facilities would be provided in complex . if sale deed is signed by builder he is bound to provide boring facilities .

it is necessary to go through agreement of sale , sale deed executed by the builder to advice further
T. Kalaiselvan, Advocate (Expert) 18 March 2014
If there is a mention about the bore well water facilities in the sale deed, the vendor has to provide the same though there is no mention about the same in the sale agreement and the sale consideration amount includes that of the said water facility/amenity. Registered sale deed is the only valid document.
Rajendra K Goyal (Expert) 18 March 2014
The builders need to provide bore water facility as mentioned in the registered sale deed which is legally valid.


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