• Definition of an owner

I have a question for clarification please. 

01. What transfers a title for a property? Is it Sale Deed or Sale Agreement? Does it matter to ownership whether Sale Deed is registered or not? 

02. If a person has just got sale Agreement and not Sale Deed but has paid his share of corpus and maintenance, does that make him an owner of the property?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

Sale agreement is a contract for getting another document mainly sale deed.

It is a contract that sale of such property shall take place on terms and conditions settled between the parties. It does not create any right or title in favour of intending buyer.

Sale deed is the document by which transfer of ownership in exchange for a price paid or promised or part paid or part promised is taken place.

It must be registered without which sale deed does not have any effect and be legally void.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Adequately registered Sale Deed in favour of the buyer, transfers title to the property. Only a sale agreement does not confer title rights to the prospective buyer.

2. If a person who has got just a sale agreement, eventhough he might have paid his share of corpus does not make him an owner of the property. 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Sale deed and sale agreement is one and the dame word. 

 

Title of ownership means all rights are transferred by seller to buyer.

 

Yes, registration is compulsory without it couldn't by called as legal transaction. 

 

Need to check his agreement whether all terms and conditions are mentioned in it as per transfer of property act

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Registered sale deed confers clear and marketable title to property 

 

2) registered agreement for sale operates as sale deed if full consideration has been paid and possession handed over to the purchaser 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Sale deed transfers ownership. It should be mandatorily registered.

2. No. Regd sale deed is paramount.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. Through sale agreement the buyer gets no interest in the property and the property gets transfer only one execution of a registered sale deed on payment of consideration amount. Without registered sale deed the sale is complete unless on execution of sale agreement and payment of full consideration amount the buyer gets physical possession of  the property.

2. He is a prospective owner unless he is physical occupation of the property on full payment of consideration money.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Sale deed is transfer of property, Yes it is mandatory to  register sale deed.

2. No this doesn't transfer the ownership of the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the transfer of a property is on a future date and is subjected to further terms and conditions, then it is known as an agreement of sale. An agreement of sale becomes a sale when the terms and conditions are satisfied or when the time lapses for the property to be transferred. By this, we can conclude that a sale deed is formed if it is subject to an immediate transfer of the property. If not, it is an agreement of sale.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes registered sale deed and agreement is one and the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Sale deed results in transfer of title from seller to buyer, whereas agreement to sell is an agreement to execute the sale deed which empowers the seller and buyer with contractual rights including the right to seek specific performance of the agreement to execute the sale deed.

2. The buyer does not become the owner earlier than the moment when the seller executes the sale deed in his favour.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

ATS is an agreement to sell a property in future whereas sale deed is immediate trasfer of ownership. Non registered invalid.

NO, but he can file suit of specific performance in court to direct other party to perform his part.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Sale agreement is just agreement for making sale. It doesn't transfer the title of property 

Sale deed is done where the sale is complete and it transfer the title of ownership and it must be registered.

If the sale deed is not registered and buyer have paid full consideration even then ownership will not transferred to buyer till the deed is registered.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The registered sale deed only shall transfer the title of the property from the seller to the buyer and not the sale agreement of an unregistered sale deed.

 

The sale agreement alone is not an evidence to prove his title even though he may be paying the maintenance or corpus funds etc, a registered sale deed is the only legally valid title deed 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are confused about the differences between the sale agreement and sale deed.
  2. Sale agreement is the step prior to the sale deed and it only creates liability over both the parties to comply with the conditions mentioned therein.
  3. Sale deed is the formal document which creates transfer of ownership along with physical possession.
  4. Both are different, sale agreement can be enforced if not complied and sale deed need not to be as it itself the final stage after it no one can deny the rights of the buyer.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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