kamal (Creative) 27 June 2017

Agreement of assignment before a saledeed in goa.

Hi,

This is regarding the property sale in GOA. I have realised that most of the property here in Goa is owned by Foreign Nationals or NRI's (on unregistrered agreement between builder and buyer).

I shortlist a property which happens to be in possession of a foreign nationality and have a sale agreement and in his possession for last 10 years. I have been asked by his lawyer

1) to Execute the Agreement of Assignment with the owner. (1000/- Stamp paper with public Notrary)

2) Declaration by the Owner to builder about his assignment of rights and to sign a sale deed with the new buyer.

3) Execution and Registration of the SALE Deed with builder at the Registrar Office.

IS this correct/right procedure in this case. Lawyer assured that this works in, especially with foreign nations or NRI's. I have met the builder and he has assured he will be there for signing the sale deed.

Please guide if there is something I have to beaware of.

Thanks a lot.

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2 Replies

Adv. Vaishali Harish Gore (job) 27 June 2017

Registration of document must be with the owner. Sale deed must be signed by the owner. check if any power of attorney executed by the owner.

please ensure the document must be signed by the owner only

kamal (Creative) 27 June 2017

Thanks for taking out time to reply.

In this case there is no sale deed executed or registered as the present owner (a foreigner) has no right to buy in legal terms. An agreement of sale has been signed on a Rs. 20/- Stamp paper at the time of booking the apartment.

From their Lawyers point of view once the Agreement of Assignment is executed and Notarised. The role of assignor gets over. He will get paid the consideration and from thereon the builder and the buyer will sign & register the sale deed.

Thanks.