I am a seller and planning to sell my flat to buyer. We already done Agreement To Sale. Buyer is availing loan from private bank and bank is saying that loan is sanctioned and Bank will provide only photo-copy of DD and we should do Sale Deed based on that DD. In Sale Deed, it will be mention that Buyer has made full payment , subject to cheque realization and Seller has handover flat to Buyer.
Is this allowed? Can we do Sale deed based on photo copy of DD. What if after Sale Deed, Bank do that provide original DD for whatsoever reason. Will that Sale deed be void if DD is not cleared?
Can I write below conditon in Sale Deed?
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Condition:- The above Referred Cheques / Payment / RTGS / D.D. / Pay Order / Bank Cheque are Subject to Realization and Clearance.
Being the full and final consideration (the payment and receipt whereof the VENDORS/TRANSFERORS does hereby admit confirm and acknowledge) and VENDORS/TRANSFERORS will have right to VOID this SALE DEED, if cheque/D.D are not cleared.
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