• Transfer of rights

We are total 6 Siblings. While doing the partition of our ancient property in year 2005, we have kept our House with equal rights for all. Now all are agreed to transfer their all rights in to my favor for an amount mutually agreed. I'm unable to pay them the agreed amount to all in one installment.They all have agreed for paying the amount in two installment. Please let me know What proof I have to take them for the amount I paid as 1st installment, and what type of agreement should I enter in to with them.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Firslty, as you have mentioned that others have been agreed upon giving their share to you for a consideration, and that is also in two instalment.

Secondly, for that they will have to execute a release/relinquishment deed in your favour.

Thirdly, over which you will have to mention that you would be paying first instalment on such and such date and thereafter on another date the second instalment.

Fourthly, once you have done so then you would be safe as well as you would be having a proof for the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Sir you can make notarised receipt for the instalments and the person receiving along with the witness can sign same and you can keep same as record with you further pay through bank or cheque it would be safe.

Further all the legal heirs giving up there rights need to make a relinquishment deed registered in favour of the other buying heir.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Deed of family settlement can be entered into wherein other family members relinquish share in house on payment of x amount as consideration

2) deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client

Their share will acquire by registered release deed than only transfer valid. Terms of payment shall reduced in writing in release deed and payment through NEFT or cheque - proof of payment . Cash not advisable

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Would they be transferring their share through a sale deed or gift deed? In a sale deed the consideration is money whereas in gift deed it is love and affection.

2. Just obtain a receipt or acknowledgment from them that that they have been paid x sum of money towards part payment of sale consideration.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

RECEIPT OF ADVANCE PAYMENT

I/We______________________R/o___________________________has/have received a sum of _________________/- (______________________ only) from _________________________ R/o_______________________________as part / advance payment / token money on account of sale of plot No. / House No.______________ out of the total sale consideration of ______________ (_________________________________ only). The detail of the payment already paid is given below:-

i) Advance payment

ii)

iii)

in the presence of following witnesses :-

Date __________

Place _________

Executant

WITNESSES :-

1-

2-

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir a simple 4 letter reciept on stamp paper of 100 saying:

I ____________(name of person receiving money) residing at ___________________, had reciept a amount of XXX from ________________________(person giving money) on today that is _______________________in lieu of property details__________________________ vide ____________________cheque/cash details. Total amount for property_______________- received____________________ pending_______________.

on this you both can sign and further get it notarised,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

hello

an agreement must be made to this effect that all the shareholders are transferring the property to you and they will receive an X amount per head. also it should mention clearly how much you intend to give initially and how much will you pay later.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Make payment of installment by cheque. And enter the payment details of both the installments in your sale deed, one as paid cheque and one as PDC Cheque.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

This is my response to you:

1. You can make a family settlement deed;

2. You can decide the terms of payment and the dates etc;

3. You can also make the terms as per your wishes if someone defaults;

4. Consult a local lawyer and draft the same accordingly.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

You can enter into an agreement that on all of them relinquishing their rights in the property you shall pay each one an amount tht has been agreed by all.

You can also mention that the amount shall be paid in two installments

You can obtain a receipt acknowledging the payment of first installment which will be sufficient to prove the payment made to them.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can you attach the sample format for getting the signature after i pay the installment.

I ......acknowledge the receipt of sum of Rs........... towards the first installment of the agreed amount of Rs........... and the balance to be paid during the time of second installment shall be Rs...........

Signature...............

Witness:

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) You have to make relinquish deed and get registered this deed with registrar. And mentioned in this first installment and secind installment dates so this deed wull become authentic document for transfer of title and payment clause too will appear in it.

2) If you want we can prepare relinquish deed for you at reasonable rate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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