• Seller asking for stay post registry

I am buying a property by paying full consideration of INR 1.5 crore in cheque. Seller is asking a month's time to vacant the property post registry is done as he himself looking out for a property. He is ready to pay me the rent for 1 month and ready to sign any documents. How can I safeguard my interest to avoid any conflict and ensure a peaceful possession later on. Shall I enter into a rent agreement for 1 month and if yes what special clauses should be there. Please advise
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

I would totally advise you against it, as eviction is a lengthy procedure and it takes a lot of time to evict a tenant.

You should pay the full consideration amount of the property only when the seller gives you the peaceful and vacant possession of the property as soon as the registry is done.

Alternatively, leave and licence agreement for one month can be executed between you and the seller but it would be a risky affair.

Siddharth Jain
Advocate, New Delhi
6247 Answers
101 Consultations

5.0 on 5.0

Don't pay the full amount. You can choose to pay more than half of the portion of the total amount to get the sale deed registered in your favour. Make an agreement to the effect that after paying a substantial amount for the property, you  shall be enjoying the rent of One month or so, which shall continue to operate no later than 3 months. After the period of 3 months it shall automatically come in your favour and you shall not be liable to pay the rest amount. 

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

You should enter into leave and licence agreement for period of one month 


2) take security deposit from the licencee 


3) include penalty clause for payment of penal rent if he fails to vacate property on expiry of one month 


4) register the leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
90341 Answers
6612 Consultations

5.0 on 5.0

It is better you take possession during full and final payment If not then don't pay full consideration to the owner. Pay partly during registration and partly during possession.

Prashant Nayak
Advocate, Mumbai
28979 Answers
109 Consultations

4.1 on 5.0


It is always advisable to enter into property which is vacant. But if not so do the same via a registered rent agreement and ask the seller for the stamp duty. In such your interest would be protected.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Sir you can make a leave and license agreement for one month with the seller wherein he can agree the date on which he will leave the premises and hand over the possession to you. if he fails on that in agreement specifically mention that he shall be liable to pay damages at tune of Rs._________________.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since agreement  is done you are safe 

However if there is any such problem  you can enter into sale deed and let him love 

All you need to have a ownership to depend  yourself 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0


Since the registration of property is done in your favour,, technically you are in ownership and in possession of the property. 

Since the seller is asking for time extension and is willing to enter in to rental agreement for 1 month, you can 

a) Enter in to rental agreement with his relative(wife/parents) and 

b) Specifically mention that the rental duration is 1 month and 

c) Rent duration is NOT extensible and the tenancy will expire on specific date and 

d) that as a land lord you have the right to reenter possession without any notice and 

e) Tenant shall NOT make any claims on said property after the expiry of tenancy of 30 days and will handover possession to you .

f) If possible, register the tenancy agreement so that it is valid in court of law. 

Hope this information is useful.  

Rajgopalan Sripathi
Advocate, Hyderabad
2170 Answers
394 Consultations

5.0 on 5.0


        The sale deed should be executed by additionally stating in the rent agreement that sale has been executed and you will be the sole owner of the property and from that date till the completion of 1 month the dealer shall stay in the house and afterwards he shall vacate. The requisite amount should be taken along with the security.


Rahul Mishra
Advocate, Lucknow
13966 Answers
65 Consultations

5.0 on 5.0

rather than getting into an agreement and making it registered, after giving her the premises and fixing the rent, you can file a suit against the tenant and enter into a compromise to give the premise for such period to the tenant. the tenant will not have any objection to it. the said compromise shall become the decree , i.e. the rule of the court. the said decree cannot be violated and the tenant shall be obligated to vacate the premises within the stipulated time frame as agreed between the parties. the decree if violated by the tenant will tantamount to contempt of court. it is considered to be a safe and secure process.

Mohammed Mujeeb
Advocate, Hyderabad
19279 Answers
32 Consultations

4.7 on 5.0


get an agreement drafted and signed in presence of witness saying that possession in furtherance of the registry will be given after a month.


Anilesh Tewari
Advocate, New Delhi
18001 Answers
377 Consultations

5.0 on 5.0

It is strongly advisable to take the possession of the premises. Otherwise, take the possession letter and payment receipts from him after registration of Sale Agreement by making full and final payment and do the registration of leave and license agreement with him for a tenure of one month to protect your interest in the premises. Also, do the mutation entry by making an application at the concerned authority for the change of name in the electricity bill, property tax and in the society etc.

Rajkumar Tiwari
Advocate, Vasai Virar
7 Answers

Not rated

There is no problem in that arrangement and in case you want to security then you can sign A rent agreement for 1 month and get it notarized

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Either you can prepare rent agreement for one month which can be notarized or you can mention in sale deed that vacant possession will be delivered to you after 1 month of sale deed and can collect rent in advance before registration of sale deed without mentioning about it in sale deed.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. AFTER date of Sale-Deed, Execute a proper Leave & License agreement, for the periods required, with heavy penalty payable after agreement period.

2. Take Indemnity Bond from such person, for vacating the premises on so & so date, failing which you can put your lock on the door and claim damages & compensation.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can withhold a portion of the sale consideration amount from the full and final settlement and also enter into a sale agreement with strict terms of rent and delivery of vacant possession, so that your interests in the property is protected.

For the drafting of rental agreement and other clauses, you can engage the services of an advocate in the local

T Kalaiselvan
Advocate, Vellore
80511 Answers
1729 Consultations

5.0 on 5.0

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