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deepak (manager)     29 July 2012

Sale deed

Hello,

I'm planning to buy a independant house in a proposed gated venture.Currently only the land conversion process is underway and the whole project will take about 4 yrs to complete. There are 2 options - one is an upfront payment now, where the builder said he wiil give a sale deed document in acknowledgement. The other option is payment over 3 yrs. I find the first option attractive because of the pricing. Legally, what should i ensure to protect myself if I go for the first option.

Thanks



Learning

 4 Replies

Hemang (Advocate)     29 July 2012

What is the status of the land at present? Is it agriculture land?

 

No land can be purchased until conversion purpose is accepted and approved by the Government under relevant law. And, no non agriculturist can purchase the agriculture land. So, the sale deed, if made in your favour would not only be illegal, but useless stationary. 

 

deepak (manager)     30 July 2012

Thank you for your response. Yes, it is agricultural land but they mentioned that if any payment is made upfront, there will be an agreement to sale signed with the total consideration and the details of the plot. Is this different from the sale deed?

Hemang (Advocate)     31 July 2012

If the conversion is not made, or approved by the authorized officer under the land revenue code, any agriculture land transacted, where the status of a purchaser is not agriculturist, the entire transaction produces illegality. If anything is reported to the Government that the non agriculturist has purchased the agriculutre plot, it is likely that the land may be forfeited in favour of old tenant, or the Government. Take it for sure that your money will be wasted.

1 Like

deepak (manager)     02 August 2012

Thank you for the response, this is really useful


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