• Sale of property in future date

I have a commercial property. One of my relative want to purchase the property by paying 30% of the amount now as deposit and the remaining amount within 3 years at the time of agreement. Is this legally viable? Is this safe?
Asked 7 years ago in Property Law
Religion: Hindu

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20 Answers

Yes you can make an agreement to sell and state therein that a certain amount has been given to you T the time of the agreement and the remaining amount would be given after a certain period. In case of default the amount would be forfeited and the agreement to sell would be cancelled.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Execute agreement to sell so that in case of any default by either party, conditions can be enforce through court.

But after three years , property rates will be high and you may not willing to sell. So instant sale advisable.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1) Yes, you can make "Agreement to Sale"  deed and registered it with sub registrar.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes you can make an agreement to sale with the uncle and register same with the office of subregistrar. Make sell deed only when complete payment is made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. One can buy a property within such time limit as the parties mutually agree.

2. If you agree then even 5 years time limit can be mentioned.

3. However since one sell a property for the need of money getting the property entangled for 3 years and that too for mere 1/3rd of full price is not advisable.

4. So I would recommend you to mention a  time not exceeding six months.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Yes it is valid you can execute a agreement of sale and registered same in jurisdiction SRO office. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yup even oral agreement is valid. Income taxable at the time comes in hand.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No before sale deed buyer has no rights.tlThe money is taxable in the year it is receieved.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Under no circumstances should you accept the said offer 

 

At most grant 3 months time to make payment 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

It is not an actual sale but a written promise to carry out the contract at a future date. 

If the transfer of property has taken place pursuant to the same transaction with reference to which you had received the advance than it would be taxable in assessment year relevant to the year in which the transfer took place

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you fail to execute sale deed on receipt of balance payment purchaser can file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

1. yes can be done

2. but dont write in agreement that transaction will be completed within 3 years

3. you can write that transaction shall be completed within 1 year from date of signing and the same is mutually extendable by the parties subject to the extension not exceeding a period of 3 years from date of signing 

4. the deposit which you will get now can be shown as an advance for sale of property. Then it wont be taxable because if the agreement does not go through, you will have to refund that deposit to buyer. However any interest that accrues on such deposit will be taxed as income from other sources

5. you can make a MOU and have it notorised 

6. reason for point no.3 - if you write 3 years, then you are essentially locking your property for 3 years and wont be able to sell to any other person for 3 years. However if you write as advised in point no.3, then if on expiry of 1 year from date of signing, you find a new buyer who is willing to pay you higher than what your relative has offered, then the agreement can always be terminated and you can refuse to extend the time limit beyond 1 year. Further the relative cannot force for an extension because it will be written in agreement - that any extension beyond 1 year shall be on 'mutual' agreement between the parties. You also need to factor in this - if you lock your property for 3 years then you are also foregoing any increase in price of your property that may happen in next 3 years 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

 

Dear Sir,

You can sale the property to your relative, but both of you enter into the sale agreement on the terms and conditions.

Sale agreement contain agreed upon Terms & Conditions between Seller & Buyer for the sale of property. It is legally binding on both the parties. It also specifies the date by which the transaction will be completed. In laymen terms, Sale agreementis a road map how the property transaction will be completed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The tax would be payable after the sale deed is executed. He does have rights and can sue you if you refuse to execute the sale deed.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Buyer gets rights that he is only purchaser and in future, as paying this token amount buyer had booked the flat and a partly owner. If you register this agreement with sub registrar.

 

2) Part payment is taxable by IT.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to do agreement of sale for the same and accept money.  It will not be a deposit it will be an advance payment. Then at the time of balance payment you can execute the same deed.

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

1.  IRRESPECTIVE of any criteria,  it would be high unwise to deal in the manner you mentioned.  This would be fraught with legal disputes, wastage of time, money and energy.

2.  It is like an ongoing racket, wherein possession is taken over and payment is not given, and consequently leading to court battles lasting several years.  Hence avoid it, at all costs, even if it means selling it to own brother /sister /whosoever.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You may better enter into a registered sale agreement which would provide you the proper relief because any oral or unregistered sale agreement may not be enforceable in law.

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

It cannot be said as deposit amount, it can be termed as consideration amount paid in part. Hence it is taxable as per appropriate law especially if this is shown in the ITR

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

  1. As per the information mentioned in the present query, makes it clear that you wish to go for the future condition agremeent to sale.
  2. Yes, you can very well execute the agremeent to sale including each clauses in it, so that you won’t have any trouble in getting the rest of the amount or forfeiting the amount paid if agreement has been breached by the buyer.
  3. No, there be no tax on it, but only stamp duty that you will have to pay at the time of receiving final payment and executing the sale deed for the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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