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aks   11 August 2018

Sale agreement or transfer agreement

when one sells a flat in a co-operative housing society, which is the  document to be excuted:
Sale Agreement 

or

Transfer Agreement

One advice received is that since in case of CHS, the shares are transferred, which represent the property ownership, a Transfer Agreement has to be entered into.

what is the difference between the two as far as definition and legal implications are concerned.

thanks



Learning

 5 Replies

R.Ramachandran (Advocate)     11 August 2018

It is Sale Deed for sale of the Flat.

Based on the Sale Deed, the Shares in the Co-op Grp. Hsg. Society would get transferred in favour of the Buyer.

R.Ramachandran (Advocate)     11 August 2018

The Sale Deed needs to be registered with the Sub-Registrar's office by paying applicable Stamp Duty.

aks   11 August 2018

some law firms are prescribing what is known as Transfer Agreement for transfer of shares in the society.

aks   12 August 2018

reference my previous query that some law firms prescribe Transfer Agreement/Deed rather than Sale Deed.

Need to understand the difference between the two and the legal implications of having a Transfer Deed or having a Sale Deed. 

Can either be used?

thanks

Kumar Doab (FIN)     25 August 2018

If you wish, attach the said Transfer agreement.


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