Importance of showing schedule of payment in sale-deed

Sale Deed without mention of consideration(Payment ) would look absurd i.e It wud not be sale deed at all 

Payment schedule is necessary bcoz to avoid further conflicts betn the parties

If agreement remains silent on this part parties often necessary comes into conflict

Thanks ABHIJEET PARIKH Ji,

Actually this sale deed is already registered between the two parties .

I would like to share that reason how this omitting of schedule of payment is affecting the person i know.

X and Y party has executed this sale deed in which X party has sold the flat to the Y party (in 2003).  The party Z who is known to me has given part of money to Y for helping him to purchase the flat. Y has knowingly omitted mentioning the details of payments like mode of payment, (cheque / draft / cash etc) and how much paid thru which instrument, advance / balance. however they have only mentioned the TOTAL amount agreed between the parties X and Y has paid stamp accordingly.  My question is

1. Is above sale deed valid as per the property law

2. Can this type of sald deed be challenged by a third person.

3. How Z can prove that Y did not have any major sources of income, and the part of money given by him has been utilized by Y for purchasing the property.

Thanks in advance,

Nishant

As per ur above query 

1) if the document is registered then it can stand in court of law but in absense of payment schedule u will and terms in case of any dispute between X n Y settlement will take place outside the court 

2&3) I am not clear Why third will like to challenge it. If it is wid regard to Z if the monies is paid tru cheque by Z den it can be proved otherwise its difficult 

Regards

Abhijeet

Thanks Abhijeet Ji for your reply,

Some points are not clear

My Query is

1. Whether this (Registered with Sub-Registrar office) Sale Deed Is valid or not (It does not have schedule of payment, only TOTAL amount is mentioned)

2. There is no dispute between X & Y, there is dispute between Y & Z, Y has used Z's money to purchase this flat.

3. Can any third person challenge the validity of this Sale - Deed and even he/she is not party to this deal.

Thanks in advance,

Nishant

Ur getting confused the sale deed is valid since its registered as i said b4 nevertheless total pmt is mentioned 

through this document Z cannot challenge its validity unless he proves that he is also party to it if Z can prove court can set aside even though Z have paid money 

Z can file altogether diff complain upon Y with regard to the monies that he paid to Y den only his case will stand 

tell me how did Z made the pmt to Y is it Cheque or Cash 

Regards

I am not the original poster. But I have a question.

1. Assuming the sale deed between X & Y does not mention Z in anyway, does it really matter if Z paid money using cheque or cash?

2. Even if paid by cash and assming it is writeen on teh cheque as towards purchase of FLAT, does it impact the sale deed or the rights of Y?

Thank you.

Payment made thru cheque is considered as documentary and has evidenctiary value 

It is difficult to prove cash transaction if u have taken some letter from him suggesting cash received 

If Z is not mentioned in sale deed den remedy left for him is to file complaint for non receipt of money

Find a lawyer send legal notice

regards

Abhijeet

Abhijeet Ji & Satya Ji,

Thanks very much for your valuable comments.

@Abhijeet Ji, I am not confused about my question, but can try again to rephrase my question for better understanding.

There are two parts to my query

1. Part 1 is validity of sale deed

2. ways for Z to recover his money.

Now for the part 1. My original question was  that, whether law allows you to make your sale deed with or without payment schedule i.e is it optional . In some cases I have heard that people do not disclose how much payment made thru cheque or cash etc or mode of payment. Still Sub-Registrar register those documents,

if mentioning of payment schedule is optional and SR registers it it is perfectly alright

if mentioning of payment scedule is mandatory and then somebody omit this out and still manages to register the sale deed, then what is the legal status of such Sale Deed, can some statutory body can ask for it, in future date, why this payment schedule not shown in your document.  

Now part 2 of the problem, If Y had shown this part of amount which he has taken from Z, as loan from relative / friend, his problem could have been solved, since Y has completely omitted out the details of payments made, i think there is no way for Z to recover his money. Since he had given it to Y as cash withdrawing from his bank account.  The parts of financing for Z to buy the flats were as below

50% Draft given by Housing loan bank

20% his own resources  cash / cheque

30 % given by Z  as cash

Though Y should have clearly mention that draft no. of housing loan DD and also the cheque details of rest of amount, still left amount could have been shown as cash, but he has totally omiitted out these details

Thanks,

Nishant

Hi.. thank you.. Need clarification on schedule of Paymen mentioned is sale agreement. It is mandatory to builder to take payment as per given schedule only if property is under construction ?? If yes. Then what to do if builder is not raised the demand as per schedule ?