• Agreement for sale of land

I purchased a plot of land in my hometown from a developer. I paid the full price without the govt charges. As I am not currently in the state, I could not execute the deed and get the registry.
The developer have agreed to put in a sale agreement which states the amount paid and other generic clauses. My concern is that I do not see any clause in the whole agreement which states what happens if the seller do not hand over the property. Other concern that I have is that how do I protect my right as a buyer if the seller tries to sell the same land in case he finds a better buyer before I get the registry. I would only have the payment receipts and this agreement of sale. As the seller has shared the draft agreement for review, I still have a good chance to include the correct clauses and make the agreement strong
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Even if there is no clause if you have paid him and he has not handed you the possession then you can file suit for specific performance against him. Only make sure the possession clause and it's time frame in agreement

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Making complete payment without registration of sale deed and possession, fatal.

ATS is fine but that can be violated by seller, than same court and long litigation, no purpose.

Better execute POA in favor of some of your trustworthy, who will execute sale deed on your behalf.

OR default clause will be, sale deed will register in this time and possession will deliver, failure to which you are entitle to interest on delay of period.

And refund with interest.

And to secure property from sale, any sale shall be illegal after execution of this agreement and a criminal offense. .

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1) you can suggest changes in draft agreement for sale 

 

2) agreement for sale can be registered 

 

3) there should be clause that balance payment would be made within x period and builder shall then execute registered sale deed and hand over possession of plot to you 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Hi, this is really difficult to give you right advise without perusing the agreement. Since you have the draft agreement with you, you should try to incorporate the clauses wherein your rights should be secured. But make sure that the developer should be ready to sign the amended agreement.  

Aman Shrotriya
Advocate, Rajkot
21 Answers

4.8 on 5.0

1.  The Conveyance of a purchased property is legally complete ONLY when the Sale Deed is duly stamp duty paid and Registered before the office of the Registrar of sub-assurances.  TILL then it has no legal value.

2.  You can depute come confiderate person  via a registered Power of Attorney (POA duly executed anywhere in India) and this POA holder can complete the registry and take possession.

3.  Till the above is conducted, you may be looking for civil court dispute (in case the seller turns out to be a cheat) and huge expenses in terms of legal fees and time.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. See in sale agreement the seller must honor it so he has to give land clause for that in case he fails to register the land then what happens is not required. Seller has to register the land before the given time of agreement.

2. See since you made complete payment and agreement is there in case seller sale it to the third party you can file for specific performance and cancellation of such sale.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

better registered agreement for sale. 

The validity of Sale Agreement the terms of period entered into it. If registration is does not happen seller have serve legal notice to the purchaser cancellation of sale agreement and also paper publication. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi

You can ask for the insertion of amended clauses.

AOS can be registered, insist for registration.  It will help you.

You can add clause stating that, upon payment of total sale consideration the seller will deliver possession within such a time (1,2 or 3 months)

Even if he sells to third parties, your registered document will come for your rescue.

Good Luck. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear

After the sale agreement is executed the seller is bound by terms and conditions of the agreement and cannot make father sale of that land or flat to anyone else without the consent of buyer. 

You can add a clause regarding dead line of handing over the possession to you otherwise builder have to pay you intrest over your investment for purchase of flat. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can always ask the builder to include the clause that in your opinion would protect your interests in the property.

For your information the unregistered sale agreement also is not a legally valid document to enforce the same in the court of law.

 

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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