• Conditional sale deed

I am seller of house and living at first floor and ground floor is vacant and possession is given to seller . I want to live on first floor for 4 month s .can conditional sale deed can be made before vacating
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Conditional sale deed not valid. Once property sold, seller looses all rights in property. You can do sale deed that possession will given on future date.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

execute sale deed as and when you are in position to deliver possession 

 

2) no purchaser is going to wait for 4 months after paying you full sale consideration 

 

3) in alternative execute agreement for sale wherein 4 months time is given to purchaser to make payment and on full payment being made execute registered sale deed in his favour 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Act as advised herein above 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Same procedure . Just mention in sale deed, possession will handover after 4 months.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1) Conditional sale deed depends upon the execution of the sale deed according to terms and conditions deed.

 

2) Need to review the condition sale deed.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

A conditional sale deed can be made wherein you can live in the premises for 4 months by paying rent or without any rent as per your agreement and the property will belong to the buyer on the day of the registration of the sale deed and it would be specifically mentioned in the sale deed that you have no rights over the property whatsoever from the day of the registration.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

It cannot be any conditional sale deed as you are not delivering entire possession.  First deliver entire possession of the property which becomes absolute sale deed in favor of purchaser then enter into rent agreement or lease agreement.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Sale is a Transfer of Property it is not kind of letting out the property so in case you want to transfer the property for 4 months then you have to enter into an agreement for tenancy which is known as rent agreement on the grounds which is agreed to both the parties and for a fixed rent this is not a sale deed so there is no matter of condition in involves

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Yes you can make conditional sale through agreement to sale

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes you can mention in that sale deed possession of the said portion shall be handed over and date can be mentioned that is of 4 months.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

A clause of same can be added no additional ingredients are required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Same format sale deed with additional clause is required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can mention in sale deed that you will hand over the possession of  first floor within 4 months. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  Instead of "Sale Deed", for your purposes, you can execute a "agreement to sell".

2.  After your purposes are achieved finally, THEN you can execute a "sale deed".

3.  Agreement to Sell is equal to "conditional sale" and if the conditions lapse for any legitimate reason, the the such agreement also lapses.

4. Sale Deed is final conveyance and irrevocable.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Sale deed cannot be conditional. Sale would result in absolute transfer of title immediately.

2. You must have made an agreement to sell with the buyer. You could have incorporated the desired clause in the sale agreement.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Yes, you can enter into an agreement with the buyer to continue to live in the house for a period as mutually agreed between both on payment of monthly rentals for the period of stay, if he agrees for that you can stay otherwise you can cancel the  proposed sale of property.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

No ingredients for this, the registered sale deed will be separate, and you may have to enter into another agreement called rental agreement to facilitate this arrangement

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

The sale deed would formalized in a routine manner as how a regular sale deed shall be executed, but for the period of stay you may have to enter into an agreement separately

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to be there moor new months, and for the same you want to go for the conditional sale deed.
  2. There will be an agreement to sell between both the parties which would say that sale deed will be executed after the expiry of the period that you wish to be there.
  3. And after that you can excuse the sale deed as per the agremeent to sell.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer