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Naveen (software engineer)     21 January 2013

Buyer insist registration first,take remnng amt chq(hdfc loan) latter

Buyer insisting on us, to do registration first, once reflects in EC. He will Submits those document to His HDFC  and then he collects remaining amount cheque and then he will handover that cheque to us. My question is how can i do the registration without getting the amount. Buyer saying it's HDFC HOME Loan procedure. How come a Bank will have this kind of procedure



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 10 Replies

Kumar Doab (FIN)     21 January 2013

It is felt that procedure is that buyer shall apply for loan and provide copy of Biana and if loan is sanctioned bank may prepare the DD in favor of seller.

The seller should receive payment before property is transferred in the name of buyer.

The seller should not sell on the conditions being set by buyer.

Valuable advice of learned experts/members is sought.

Advocate Vishnu (Advocate)     21 January 2013

Is the buyer insisting on registering the sale agreement...? or the conveyance deed ...?

K. GOPALAKRISHNAN (ADVOCATE)     22 January 2013

Dear Naveen,

Not even a single bank follow the procedure what you have stated.   Probably, the buyer may insist for registration of sale agreement (as per new amendment in tamilnadu, if you belongs to tamilnadu).  registration of sale agreement made compulsory in tamilnadu from 1.12.2012 onwards.

 

regards

gopal

9840199577

Naveen (software engineer)     22 January 2013

I''m from AP, Yest buyer insisting on registering the sale agreement.

Advocate Vishnu (Advocate)     22 January 2013

Then, I don't see a problem. Make sure the agreement mentions a specific time period (ie : 3 or 4 months), before which you will receive the entire sale consideration or else the agreement is null void. This is a very important clause in any sale agreement.

Naveen (software engineer)     22 January 2013

sorry what i mean to say is Registration of my property on buyer name, after that i will get chq from his bank loan, once he submit this details with EC on his name

Advocate Vishnu (Advocate)     22 January 2013

There is no such procedure. You are being misled. Once you register the buyers name as a sale deed, you lose all ownership over your property.

Naveen (software engineer)     22 January 2013

Thank you very much, He is taking undue advantage because of my financial  problems, As per agreement if date exceeds one month of duration agreement will be canceled, it's already 4 months, but he liittle amount for every 10 to 15 days and also cleared my mortgage after so many requests. we are selling the property because of financial problems but he is taking the undue advantage. Can we cancel the agreement in case he keeps on extends days.

Advocate Vishnu (Advocate)     22 January 2013

yes. you can cancel the agreement if he does not comply with it. 

K. GOPALAKRISHNAN (ADVOCATE)     22 January 2013

call 9840199577


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