• Giving possession of property

I had entered into an agreement to sell with a buyer in 2016 for 100 sq yes agriculture land in urban area. Party has paid me full amount but sale deed has not yet been done as plot registration is closed by govt currently. My query is that, as per law, am I obligated to give possession before sale deed ? Request for urgent response please.
Asked 7 years ago in Property Law
Religion: Hindu

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17 Answers

You should NOT give possession till sale deed is executed

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See this is as per your mutual agreement to sale if in agreement to sale it is written the possession of the property shall be given at time of or after sale deed then you are not under obligation to give possession till sale deed is done.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You ha r received full consideration for sale of land 

 

2) you should deliver possession to the buyer 

 

3) in alternative refund his money as sale deed cannot be executed 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

  1. As per the information mentioned in the present query, makes it clear that agreement to sale was executed and payment has also been done to you.
  2. Now, the main concern of yours is that whether to give the possession to him without getting the execution of the sale deed, reason been closed by the government for the time now.
  3. It depends upon the intention at your part as when payment has beeen done so you should give the possession to him, but you are also in dilemma as about it’s legality.
  4. I advice you to entered into an agreement of understanding stating everything in it, and then registered it. Thereafter, give possession to him on a condition in the agreement for sale deed execution whenever it is opened by the government.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) If you have received full n final payment as per your sale deed then you can handover land possession to buyer. and get the property registered later. 

 

2) There must be agreement to sale between buyer and seller.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You should in your statement to police take the plea that full possession has been delivered on receipt of consideration from purchaser 

2) that registration of sale deed is not possible due to reasons beyond your control 

 

3) it is civil dispute between parties and no criminal complaint is maintainable 

 

4) in case buyer does not want land you are willing to refund his money . No interest is payable 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

1) See you can tell him that registration has not happened for particular plot its not your fault. and secondly if there is any dispute pending in the Tehsildar office. How come you solve all these problem what was in your hand according to mutual understanding you had handed over plot to him.

 

2) You can tell him the plot is not registered and if you want money back then we need to check your agreement to sale clause of termination of agreement. If in that it is mentioned to return money along with interest then its valid otherwise not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you are at no fault and no police complaint on the issue can be accepted as you have performed the part and ready to register the property in his favour. Further, this is civil issue police complaint on this is not possible.If there is demarcation issue he can give notice and can approach the civil court.

 

What i understand from the issue is since now registration is stalled and he is willing that he takes out money from this purchase. 

See you are at no fault in this and he cannot get refund with interest your only obligation now is to register the plot whenever government starts with the process.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if full consideration is received by you then you must hand over the possession to buyer

getting a registered sale document is the buyer's headache because if that is not done, the buyer wont get a clear title despite paying you in full

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

agreement for sale registration is not mandatory . 

 

however if full consideration has been paid agreement for sale ought to have been registered 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

still that is the headache of buyer

if he wants a clear title he will approach you to register a sale deed in his favour

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Sir unregistered agreement to sale is also valid and proof of transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

So, its good for you then.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have received full sale consideration amount, there is no legal infirmity in handing over possession of the property to the buyer.

It will be the duty of the buyer to get the sale deed registered when the government opens the registration process once again.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

The police has no reason to interfere ion the civil matter.

You can inform the police about this and assure that once there is a clearance from the Tahsildar's office you are always willing to demarcate the same as per the sale agreement and may inform police that the buyer is very well aware of the present situation.

Further you can inform the police to advise the buyer to approach court for further reliefs in this regard instead of approaching police on civil matters.

You can handle the situation properly and effectively in the court than the police station.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

If the agreement is not by  a registered document then he may not be able to enforce it through court of law also, hence you may confidently face him as per provisions of law.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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