• Sale deed

Is it advisable to proceed for notary sale deed without getting the full payment
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

Sale deed is required to be duly stamped and registered

2) don’t make any payment on notarised sale deed

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Dear Client

No not all preferable how can you believe the others with out getting full payment. Of course of he is relative of yours you can

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Better go for registered sale deed for property worth more than Rs 100

Talukdar Foxwheel
Advocate, Guwahati
16 Answers
1 Consultation

4.9 on 5.0

It better to receive full amount prior to sell deed.

Or if not that there should be registered agreement and clause in sale deed regarding pending consideration and saying if that in not paid in this limited time sale.deed stands cancelled.

And get a registered sale deed by paying stamp duty.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0


If you didn't received full payment and want to proceed for notary sale deed then

it is advisable to add this note in that sale deed that after full payment it is enforceable on you

otherwise it is null and void and after received full payment, again you proceed for notary sale deed.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Sir,

Go for only sale agreement with registration, it is valid for three years either way. Notary Sale Deed not recognized. Even GPA sale de-recognized. The law is as follows.


No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6128 Answers
432 Consultations

4.8 on 5.0

Dear Client,

Without registered sale deed, transfer in the property do not effect and terms of notorious sale deed can not be performed through court in case of default by party. \

If u r seller, u can do it, not good for buyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21769 Answers
31 Consultations

4.4 on 5.0

1. Full payment is not advisable till you the physical possession of the property.

2. So if you are getting physical possession of the property then you can make full payment.

3. Sale agreement unless registered does not create any interest in the property .

4. So it is advisable that when you make the full payment wither take physical possession or make a registered sale deed.

Devajyoti Barman
Advocate, Kolkata
22526 Answers
436 Consultations

5.0 on 5.0

1. No. Have a registered sale deed

2. It can be agreed in sale deed itself, that balance payment will be paid after registration

Yusuf Rampurawala
Advocate, Mumbai. E: adv.yusuf.rampurawala@gmail.com
7193 Answers
79 Consultations

5.0 on 5.0

A notarised sale deed is not valid in law, whether you take full payment of the sale consideration amount or not.

It can be treated as a receipt of the amount so far received and not a proper and legally valid sale deed.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

If you are purchasing the property then you ought to pay stamp duty and register the agreement. You should get full payment then only execute the sale deed.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

No not at all.

But, would be acceptable if only with regard to the agreement to sell.

Sale deed would have to be registered before the registrar only.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

YES notarized sale deed can be done in above mentioned circumstances.

Arihant Nahar
Advocate, Indore
132 Answers

4.8 on 5.0

1. Notary Sale-Deed is invalid and illegal for any purposes. It is also highly risky.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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