• Two agreements for a loan to a friend

I have given a loan of 20 lakhs to my friend and for documentation I have entered into two different agreements for "extra" security as follows. 

1. On 29th Feb we he made an agreement to sell his flat for 35 lakhs, balance 15 lakhs payable on execution of the sale deed which is after 1 year. We got it registered with registrar. 

2. On the same date we also made a loan agreement back dated to Feb 1st 2020 mentioning he will repay the loan in 1 year. We got this notarized on 29th Feb back dated to Feb 1st i.e. the notary seal has a date of Feb 1st on it. 
My Questions:
1. Is it illegal/improper to enter into two different agreements to secure the same loan
2. Will two different agreements mutually void each other? which one will prevail in case of a dispute?
3. Shall I give my friend xerox copies of both the agreements or only of agreement to sell to be on the safer side? 

NB. He has also given me a undated Cheque of 20 Lakhs. 

Thanks in advance.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

You should make a surety agreement that is like mortgage of property on your loan given. Kindly mention all details in the agreement. For example: Loan Amount, rate of interest, period of loan, repayment schedule, and all terms and conditions. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. you should not have entered into two agreements,

2. since the loan agreement is executed on 1st feb and the agreement to sell on 29 feb, therefore, the second i.e. 29 feb agreement will prevail subject to mentioning of earlier agreement in it.

i am presuming you had not mentioned regarding the previous agreement in the second one, therefore, you are at risk,

3. give copy of the sale agreement only, avoid/destroy the loan agreement 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) your friend has sold flat to you by registered agreement for sale 

 

2) payment of Rs 20 lakhs was sale consideration and not loan 

 

3) registered agreement would prevail over loan agreement 

 

4) give copy of only loan agreement 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1. See it is not illegal as such as on face they are two different agreements.

2. See the agreement to sale for property is registered you can file specific performance of same .

3. Give him the copy of agreement to sale only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. ONLY the Registered Sale Deed is legally enforceable in law, during dispute in courts.  Unregistered Deeds for any immovable or immovable property is null & void.

2. Photocopy of registered sale deed, may be given to the other party, without any legal hitch. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. See if the other party fails to register on time as mentioned in agreement on expiry of time period of agreement you can issue a legal notice thereafter file suit in court.

2. No it cannot be cancelled.

3. See since the agreement of sale is registered it will reflect in registrar office records so bank.shall not mortgage it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Suit for specific performance has to be filed within period of 3 years of refusal to execute sale deed 

 

2) unilateral cancellation of sale deed is not permissible 

 

3) he cannot  mortgage the property as registered agreement for sale has been executed by him 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Getting notorise on back date is illegal but only when it comes out. 20 lacs amount given is proved by both agreements. Both agreements are for legal purpose and either of them enforceable through court preferably executed at earlier date.

He may arrange both copies. Provide ATS copy if you want to buy house.

3 years.

Unilateral cancellation not permitted, you should ask him to deliver original sale deed of property.

3. What if he applies for a property loan by mortaging this flat/property? - He can, than you have to file suit in court to obtain stay. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. There's no legal impediment in it because they both are different documents. 

2. No

Both can be enforced on it's strength. 

3.  You may better avoid giving copies  of  both the documents. 

 

T Kalaiselvan
Advocate, Vellore
89980 Answers
2492 Consultations

1. You can file a suit for specific performance of contract immediately if he's not agreeing to perform his part of contract at that time. 

2. No, he cannot. 

3. You should obtain the original property documents now itself to avoid such mishaps. 

T Kalaiselvan
Advocate, Vellore
89980 Answers
2492 Consultations

It's not proper to enter into 2 agreements for same loan only one from the same willl be entertained

You can give xerox but only one from the same will be effective

It will be challenged in court in the above case

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Registered agrement to sale is valid.

20lakh rupees was amout sale consideration as per agreement.

You can ask to execute the sale deed at any time within 3 years after lapse of 4 months.  you may issue notice to the seller to execute the sale deed.

You can give him Xerox copy.



Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

the failure to comply the terms of agreement  on the part of seller will be resulted is  force to sell the property under specific performance through a court of law.  or return the advance amount if speficied in the agreement.

if it is a registered agreement, a deed of cancellation will have to be executed by both the parties. 

If Agreement is registered seller cannot mortgage the property.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) They are two different agreements.

2) No, Agreement of Sale has more leverage as it has been Registered.

3) You can share copy of AOS.

1) Three  years time you will have from date of refusala, you need to show your readiness and willingness to pay balance sale consideration.  Word of caution, maintain the said 15 lakhs amount BALANCE in your bank account.

2) No he cannot cancel it.

3) He is not mortgage the said property which is registered in you name through AOS

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. No it is not illegal to enter into two different agreement for one loan but you can use only one agreement to recover your loan. 

2. It depends on the situation that how you represent both agreements. 

3. You can provide him copy of both agreements 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. You can file suit for specific performance with in three years from the date of expiry of agreement.

2. Yes but he have to send you a notice for cancellation of agreement.

3. Yes he can put his property as mortgage but your agreement will prevail over the mortgage deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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