• Sale of house - things to keep in mind

I live in delhi and am planning to sell my home located at my native town. There is no broker involved. Please guide me with what are the important things one should ensure to be prepared with before signing the deal. I also wanted to know additionally - 

1) Is a sale agreement and token money a mandatory requisite, can i directly move with registery
2) I plan to get the neft of the entire amount down then proceed with signing of registery - does this secure myself 100%
3) Shall i expose my original papers in the beginning if asked. I want to share them only after transaction is through.
4) Shall i seek help of a lawyer during the course of the transaction or this is not so complicated
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Not necessary to enter into agreement for sale 

 

2) you can execute registered sale deed in favour of buyer 

 

3) online transfer at time of execution of sale deed protects your interest 

 

3) you can furnish inspection of original documents 

 

4) engage a local lawyer 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

1. It is not complicated, at all, as long as you receive 100% payment (by anyways), before actually signing the Sale Deed, before the Registrar of Sub-Assurances.

2.  Original Agreement has to be given to the Buyer party, on receiving full payment.

3.  It is always safe to have the new Sale Deed duly scrutinized by a Property Lawyer, before you conduct any proceedings, for clarity purposes.

4.  Give possession of property ONLY after Registration of Sale Deed, despite receiving full payment.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can prepare sale deed with payment schedule mentioned in it and for property handover and possession dates mention in it after final payment.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Execution of a sale agreement and token amount are not mandatory. Direct registry can be done after receiving the entire sale consideration and execution of sale deed can be done 

2. Yes, to a maximum extent.

3. You can give the photocoies cancelled papers crossed end-to-end to the buyer.

4. That's upto you.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

1. Registry can be done directly too.

2. Once the sale consideration s paid to you, you may go ahead and participate in process of registry of sale deed.

3. You can share photo copies/

4. Take a  lawyer's help to get the sale deed drafted and walk you through the process of registration of sale deed. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) It is optional. You can straight away go for registration if both of you can complete the same at one go.

2) 100% payment need to be paid before signing off.

3) You can give copy of your Title Deed for his perusal, no need to worry.

4) You can seek help of lawyer. If the document does not contain any indemnity clause, you need not worry.

Make sure, before going to register, you need to take 100% payment.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Sale agreement is not mandatory but it's optional.

If the buyer wants to obtain a bank loan in order to purchase the property then the bank will insist for an agreement for sale to grant a loan on the said property.

yes. 

There is no harm p handing over the xerox copies of the property as that does not mean anything. 

better engage a property lawyer

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. Yes you can directly move.for registry also.

2. Yes if recieve 100 percent amount then you are secure and can sign sale deed.

3. See you can give the document for verification only and can handover them once registry us done.

4.See you can engage an advocate to draft sale deed and guise you for complete transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can directly move to registry but you should take the complete consideration before finalizing the deal and registration to avoid any conflict in future. 

Yes getting payment through NEFT is good option.

Yes you can share copy of original documents before sale.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Yes if the agreement is full paid you can register it. 

2. Yes. 

3. You need to show them the original papers if they ask. 

4. Yes it will be good

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

  You can sell your property directly without the help of a broker or an estate agent also.

You can sell the property without an agreement or receiving any token money too.

You can sell the property by executing the registered sale deed after receiving the entire sale consideration amount just before the registration of the sale deed.

you can take the help of a document writer to prepare  the sale deed and get it registered before the registrar's office.

If the buyer would like to have a legal opinion of this property from his lawyer then you may have to give him the photo copy of the relevant documents including the encumbrance certificate to the buyer at a cost and make sure that you make an endorsement in all the relevant documents that these are meant only for reference purpose and not for sale or any other transaction and put a date on which you handover the photo copy of the documents to the prospective buyer.

There is no necessity for you to approach a lawyer to get the sale deed executed, you can read the documents yourself, get satisfied before executing the same.

 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

No, you can sell it on the spot, execution of sale deed and trasfer of amount. Or payment can be receive in advance but not later - not advisable.

Yes.

Original can be shown and but hand over only cross copies for verification.

For secure deal . Lawyer involvement is suggested.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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