• Can we register a property when agreement is expired

HI sir/mam,
Myself and owner of a flat has entered into a agreement on 16apr 2018 to register the property within 2months.but due to home loan processing and home loan can be sanctioned after agreement expiry.
Already spoke to owner and he is ready to wait. 
The agreement is a registered agreement. 
Can we go ahead with direct registration of the flat without valid agreement? (as it will expire)
Or we have to extend the agreement and register the same?
Thank you
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Since you are taking bank loan bank may seek for extended agreement so you can get one new agreement done registration of agreement not necessary unless insisted by your bank. If the bank does not insist on agreement you can directly go ahead with sale deed registration. Making agreement is not mandatory directly property can be registered. It is done just to safeguard interest of both parties in case of default committed by other party.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

This is my response to you:

1. You need a sale agreement to purchase the property and then register the same;

2. Only a valid sale agreement whose stamp duty is paid can be registered;

3. Only when the agreement is registered there is effective transfer of property.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Not necessary to extend sale agreement, you have to go straight away to register absolute sale deed in favour of you, if you have legal clearance of property title documents. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

you can extend agreement by mutual consent . registration is not necessary

2) seller can after 2 months execute registered sale deed in your favour

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The sale deed is only required to be registered and not the sale agreement.

2 So if the seller is ready for sale then get the sale deed executed and registered and it does not make any difference whether the sale agreement has expired or not.

3. There is no need to extend the time mentioned in the agreement as long as the seller is ready to make the sale deed even after expiry of the time mentioned in the sale agreement.

4. Do note that the time mentioned in the sale agreement is not strictly followed.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Mian Bibi raji to kya karega qazi. Go ahead and get the flat registered without extending the period of sale agreement. However, on back page of the agreement or at the last of the agreement write:

"The period for registration has been extended from ____________ to_______________".

And both party sign the same. The agreement period is extended.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Dear Client,

It`s depend the conduct of parties whether they are agreed with any development other than agreed in the agreement. If party is agree, than no issues, but there must be default clause in agreement. Suppose mind change of seller, than you will be at default.

SO better get this new fact in document (extension due to home loan) and written consent of seller.

No issues in Direct registration.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) unless and until you make registered sale agreement of the flat, bank won't proceed further for home loan. So you have to make valid agreement of flat sale.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yiu need to extend and then Register the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can extend the agreement by signing a renewed agreemebt, but the same is not required legally.

You can register the sale deed after 2 months, if the owner is ready to wait. Sale agreement need not be registered as well.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. You can register the sale deed with out having the agreement for sale but in that case pay the amount at the time of registration.

2. If you pay him the money released by the bank, he can refuse to register the sale deed after receiving the payment on the plea than the agreement has expired.

3. If there is any forfeiture clause in the agreement, then the said clause will strengthen her said claim of refusal to register the sale deed after receiving the payment from the bank for and on your behalf.

4. It will be prudent on your part to make another supplementary agreement for sale, extending the date of payment to be legally safe.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

As a matter of fact a sale agreement is valid for three years even if you have entered into it for a short period.

However you can get an endorsement in the sale agreement document for extending the time on a mutual agreement.

This will be sufficient for proving it as valid and within time limit

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. There can always be a direct sale without an agreement to sell. The agreement to sell is made so that the buyer gets time to arrange money and the rights and liabilities are contractually spelled out.

2. The agreement can also be extended mutually.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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