If the "Agreement to Sale" is registered then no issue at all. Kindly arrange the meeting with sub registrar for further registration process.

1) relinquishment deed has to be stamped and registered 

2) releasing property in her name  has no advantages 

3) extend time limit for execution of sale deed by 3 months 

No advantage and useless registration fees on release deed. Advance already received. Just sell the property.

You can offer extension on the condition of interest will pay on extended time. Extension shall be in writing with clear condition of additional payment and signed by both parties.

Yes it sounds good and a proper remedy

Best option is to convince buyer to get it done now as there is no rush in the sub Registrar office and it is a matter of half an hour if the lawyer prepare the sale deed in all respects. Second opinion is also good as the wearer knows where the shoes pinches, if they agree it is in the interest of both the parties.  As regards Relinquishment Deed, it is a valid document and except registration charges, there is no stamp duty involved.  A minimum stamp duty is charged.  Any how you are on the right track. Go ahead. Good luck.

Please enter into MOU and get all terms and conditions executed between all the parties for the period you wish to get extended. 

Since you have registered power of attorney deed in your name, you may plan to execute the registered sale deed jointly along with your mother and also on behalf of your sister so that you don't need to get a registered released deed executed, which would avoid loss of time and  money. 

If you have already executed a registered release deed, then your mothe becomes the absolute owner of the proeprty hence the buyer can get the tax transferred to his name directly

Demanding an additional amount towards the sale consideration amount is your own discretion, you can decide about it.

Remember that you are selling your property for sale consideration amount hence do not involve sentimental feeling s into this deal lest you may suffer huge loss in the future due to your courteous approach..

1. Well having Mutation certificate in name of one person doesn't create any benefit if she is made full owner of the property by making release deed by other share holders. 

2. If you do then while selling your mother alone as it's exclusive owner can sell the property. 

3. The terms of sale agreement depends on mutual understanding of parties and any conditions or amount of money to be paid initially can be incorporated in it amicably .

Dear Sir/Madam,

The release of the property to mother and house tax on her name will definitely have the advantage over and she will be the sole owner of the property. And the buyer will have no problem in future related to house tax. The release deed will be fully valid if registered. Further, your approach of asking time and further assurance in terms of the money is appreciated and it is suggested that keep these things documented (email/whatsapp etc.) and safe for future reference so that it may be used in case of any dispute. 

When sale deed is performed on same day its need to registered with sub - registrar  and registration is done once.

Apply for mutation of property in name of legal heirs 

2) your mother and sister can execute power of attorney in your favour for execution of sale deed 

No need to sign anything now, Have to appear before sub registrar. So get SPOP from mother and sister than you alone execute sale deed.

Please execute GPA.

The way to work out the situation is already advised. 

- After demise your father , his property would be devolved upon his legal heirs i.e his wife,& children.

- Further, legally , a property tax payer in the absence of title documents cannot claim ownership of a property. 

- However, if you want to make her single owner , then you can released your share after executing Relinquishment deed in her favour. 

- Further, after getting the others share in her favour , your mother will become the single owner of the property , and further she can transfer the same to any one without any interruption. 

- If you both parties wanted to extend the period for 6 months , then a new additional agreement can be executed after mentioning the details of earlier one. 

The registration of sale deed can be done only after all the vendors are jointly signing the deed in the presence of the registrar. 

Hence you cannot execute the registered sale deed all alone by yourself without the presence of joint owners of the property. 

It will work the both ways.

Release deed also and direct from legal heirs to buyer also

If legal heirs have proper will or succession certificate it will be good. Otherwise you need to get indemnity bond and NOC and the title may not be clear. 

Execute Registered Relinqushment deed, it should be duly stamped and registered 

Dear Sir,

This will work and it will be a better option. 

Don't do for registration on 70% amount.  IF he is taking loan from bank then ask him to provide disbursement letter and cheque on your name then go for the registration. otherwise you can go for "Agreement to Sale".

Agreement for sake can be executed wherein it is mentioned that 70 per cent payment has been received balance payment within2 months 

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

3) time is essence of contract 

Just execute agreement to sell and get it notary.

Without making full payment sale deed can not be registered. However sale agreement can be made while on payment of remaining amount sale deed can be executed and registered. 

You can enter into a registered sale agreement with the buyer accepting the advance amount and fixing the time limit 

However you should not handover the property before executing the registered sale deed. 

- Yes, you can enter into a registered sale agreement with the buyer after receiving the 70 percent of the amount , and therein should give 2 months time for execution of Sale deed in his favour .

MOU.

Don't registered until you receive the full amount. If buyer failed to pay  Or refused, it may become the route cause for another legal problem. so execute registered sale agreement . 

This term and condition be reduced in writing overleaf the first or second page of the agreement and both parties put their signatures in token of their acceptance.  The proposal is fine and there seems no malafide.  Take 70% amount and get the sale deed executed and registered after 2 months on receipt of full and final amount.

Don't do this....do the registration only after final payments 

You can execute a agreement to sale on that clause and give possession only after the full payment. Also include the indemnity clause also 

You can execute relinquishment deed so that mother would be absolute owner of property 

2) mother can execute  special POA in your favour to execute sale deed 

3) it should be duly registered 

4) you can take money by bank transfer or cheque or demand draft . Don’t take cash payments 

- For making the single owner to your mother , you should execute the Relinquishment deed.

- Further , when your mother will become the single owner , then she can give her power to you after executing SPA/POA for registering the Sale deed in the name of buyer. 

-  You can discuss for the payment mode with the buyer . 

If a release deed is executed jointly by all the legal heirs in favor of your mother then she becomes the absolute owner of the property.

After that she can execute a registered power of attorney deed in your favor to sell the property on her behalf.

The sale consideration amount can be transferred to your bank account directly or by  cheque/DD mode of payment.

The buyer may deduct TDS if applicable .

The seller may have to pay the long term capital gains tax as applicable.

Release deed is waste, just use SPOA.

Cash or DD or bank transfer. If property is aleast 3 year old , long term capital gain will levy but can be save.

No issues, SPA is valid for the transfer and transactions under the provisions of law. 

Seek ECS/RTGS/NEFT/IMPS mode of transfer of money. 

If property is above 20 Lakhs then TDS is applicable. 

This would be right way

she can execute SPOA in your favour to execute sale deed behalf of her. 

it is always better accept money through RTGS  Transfer or by Cheque. . 

Yes taxation requirements will be there in aforesaid depending on income earned from the said property

1. Yes advantage of releasing the property on name of your mother will save you from updating her name in revenue records because house tax is already on name of your mother.

2. No buyer will not suffer any problem after he update the records on his name after purchase of house. 

3. All legal heirs can directly sell the property to buyer without making release deed in favour of your mother it will save your stamp duty for release deed 

4. You can make a fresh sales agreement with buyer regarding remaining amount.

Dear Sir,

The best approach will be that the agreement of sale be executed now and the registration of the property be done when the full amount is received. The process of release deed and then the special power attorney will solve the purpose. It is always better to accept the amount as bank transfer, Demand draft or cheque subjected to realisation.  

Invest amount in infrastructure bond,buy property for residential properties for self or family or Government Bond to save Capital gain within same financial year. 

Each individual's income is taxable as per tax shedule and slab.

It doesn't matter who is receiving amount into her/his account is subject to tax as assesse in Income Tax Act. 

If not satisfied then CESTAT will have jurisdiction over your matters. 

Money should be deposited only in mother account as she would be sole owner of property 

2) sale price mentioned in sale deed should be sane as per agreement for sale 

You need to execute rectification deed for correctness else it will have issues during scrutiny

You are combining all the subjects together and getting confused while you are confusing the lawyers also with such unrelated queries.

First of all the position of law is:

If all the legal heirs execute a registered release deed in favor of one of the legal heirs, the other legal heirs are legally relinquishing their rights in the proeprty for a consideration amount.

The legal heirs who have taken consideration amount agaisnt the registered release deed, are liable to pay the long term capital gains in proportionate to the consideration amount they have received by adopting the procedures for computing the LTCG accordingly.

Subsequently the other legal heir becomes absolute owner of the entire property.

In the event of selling the property immediately then she may have to split her share in the property for LTCG benefits and the share of property she acquired by release deed which will attract short term capital gains tax.

The buyer of the property need not pay to the other legal heirs anything since the property is being sold by the mother alone as an absolute owner, hence the entire sale consideration amount has to be paid to the vendor by the purchaser.

First of all ascertain the situation patiently by understanding the entire situation properly , you will find easy solutions for all the problems you face now. 

Actual amour will be of agreement to sell. NO need to mention amount in release deed, if mother is not purchasing  share of your and sister.

Buy fresh property within 2 years to save LTCG.

Mother account because she is only owner.

And RELEASE DEED dose not require.

- Yes, you should mention the actual amount in the sale deed .

- If any amount is being paid by release deed , then it can be mentioned into the same , however it is not mandatory to write the amount in Release deed. 

- Capital gains should be transfer in the account under the same heading after opening. 

- Further this capital gains can be used to purchase property to save tax .

Dear Sir,

The capital gain tax will be applicable as per the law/rule. Also, the money gained should be deposited in the account of mother. 

Money should be transferred from account of buyer to seller  

release deed is formed between parties without consideration, no need to mention amount. 

if mother is sole owner thn amount should be deposited in her account

It is uncertain deal.

Please enter into MOU with the parties and mention all terms and conditions of sale and purchase. 

When conditions are favourable within a year enter into an agreement between you and seller and complete the deal.

Stay back for 2 months to complete Transaction 

2) don’t take post dated cheque’s for balance amount 

3) no guarantee that he would make balance payment 

4) don’t deliver possession unless full payment made 

All above options are not completely safe. It's not ideal to handover possession without registration if full amount is not received. You can give possession without registration once you received full payment

No.1

Do Not handover the land or get the sale deed done until the money is receivedq

1.  It may not be an appreciable option.

2. This would be a precarious step which may not get you the relief of balance of sale consideration amount so easily especially when the cheques are bounced when presented for payment anytime.

You may have to run behind court and the case for cheque bounce, which may take years for disposal.

3. Handing over  possession of the property without registering the sale deed is not an intelligent idea.

You can get an extra amount, get the sale agreement extended beyond the date of expiration and wait for him to procure the balance amount and then execute the registered sale deed, deliver possession after that.

You can go and came back later, when amount is arrange by buyer.

2. Not feasible.

Possession will deliver only after full payment. And for delayed payment you can ask additional payment. 

Don't registered until you receive the full amount. The Cheque is valid. If the cheque is dishonored, it may become the route cause for another legal problem. The whole registration may become null and void. 

1. You should give him extension for the period of lockdown after sending a notice or letter 

2. No , once you will registered the property in his name after receiving post dated cheque , and if the cheques not cleared on the maturity date , then you can face trouble for recovering the 70% amount . 

3. Sale agreement is a legal document if it is registered after paying stamp duty properly , however if you will deliver possession , then for recovering the balance amount , you will have to approach court as well 

Dear SIr,

In the present conditions, the first option is better. 

1) there should be clause in agreement for sale that time is essence of contract 

2) balance payment has to be made in 2 months failing which advance paid would be forfeited 

3) It should be on stamp paper and agreement can be registered 

Please enter into MOU prepared by a Lawyer under your control and information about the deal of the land.

Execute addendum to agreemnt, 70 % advance and rest in 2 months with no further extension and if buyer failed to pay than advance will forfeit. Notorise

If your mother had transferred the property by a registered gift deed in favor of your father then it becomes his own and absolute property. The name transfer of the taxation records are irrelevant to the title of the property. 

However being legal heirs of your deceased father you,  your mother and other siblings can execute the registered sale deed in favor of the prospective buyer jointly. 

For the present you can enter into a registered sale agreement deed because unregistered sale agreement is not enforceable in court of law. 

Get the registered agreement done for this

Dear Sr, 

You are very clear on the this point of first paragraph. You are suggested to include the clause that this extension of 02 months will be final and no further time will be granted. The signing on bond paper and notorisation is must. 

- Paying the tax to the revenue , not makes a person owner of the property.

- After getting the property by way of Gift deed , your father become the owner of the self acquired property . 

- Further after the death of your father , this property would be devolved upon you siblings and mother. 

- Further , after releasing the share , now your mother becomes the owner of the property. 

- Yes, you can extend the agreement for further period , but agreement on Rs.100/- is not valid as it related to property . 

it is always better notarized the agreement. 

Get an mou or registered agreement prepared on above conditions and later file suit of specific performance if not adhered by buyer

Once release deed is executed duly stamped and registered mother would be absolute owner of property 

2) your mother can sell the property 

3) however your mother does  not have clear and marketable title to property 

You require chain of documents for sale as buyer inspects the same. It's not required for registration but it's good

Yes this can be done

Gifts that involve immovable property should be registered under the Transfer of Property Act. Unless registration of the gift deed is completed, the title does not pass on to the donee. 

Dear Sir,

The offer and suggestion of the employee of the registrar's office is correct and you may go by that. 

Yes, it is.

The registered gift deed need to be signed by the donor and the signature of the donee may be missing but it will not invalidate the registered deed.

While cancelling the registered gift deed and re-execution of the gift deed, they would not have bothered bout the tax aspect, however that is  different subject to this subject involving registered title to the holder of the property.

The property now lying on the father's name shall be subject to intestate succession, the tax aspects can be transferred after ascertaining the legal heirs of the deceased  to succeed his property

The touts in the registrar office may give false promises to which you don't fall prey unnecessarily.  The question what you ask is not involving legal process.

If you people are interested in selling the property, there is no necessity for getting a registered release deed executed in favor of your mother.

You all can jointly execute a registered sale deed in favor of the buyer, the registrar should not have any business on whose name the house tax is lying etc, he should be concerned with the title of the property alone, if he is trying to create trouble then you can approach district registrar with an appeal against this decision and get the things legally done instead of depending on touts and keep doing the illegal things alone forever.

1) Both parties have to be personally present for registration of agreement for sale 

2) registration charges vary from state to state 

3) non registration of agreement for sale does not validity agreement for sale

4) in event of failure of buyer in executing sale deed you can file suit for specific performance 

Prepare a sale agreement and get it registered before the sub-registrar office by producing the supporting documents.

The sale consideration amount mentioned in the sale agreement can be repeated in the sale deed along with the conditions therein.

As a buyer, the buyer will be protected legally by this registered transaction, the seller cannot unilaterally cancel the sale agreement without the cooperation of the buyer, hence it is more advantageous to the seller 

Is can be notorise on 500rs stamp.

When sale deed will register, agreement to sell will expire.

Agreement records the condition and time schedule of sale and payment and if not made payment on time, advance will forfeit by seller.  

Registration of agreement makes surety of deal

Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908,Registration fee is around 1%, stamp duty is state subject varies from state to state

1. Both parties need to get the agreement drafted on stamp papers and need to visit office of sub registrar for registration and charges varies from state to state so you will find that out from sub registrar office.

2. If buyer need to obtain loan from bank then amount of consideration in agreement of sale and sales deed cannot change otherwise you can make agreement as per your wish but execution of sales deed will according to circle rate of that area. 

- Agreement to sell will be registered from the office of the registrar , where the presence of both the parities are necessary. 

- Registration can be know from the office of the Registrar of your area .

- The said agreement to sell will contain all the clause for the payment and the date of execution of sale deed . 

-  As per Section 17 of Registration Act, the registration of any agreement is mandatory if it is related to property , and further unregistered agreement is not admissible before the court .

- Hence, in case of any dispute this sale agreement can be produced before the court . 

It's easy you need go approach online service also

Anything you can mention if it's a partly paid then agreement to sale and full paid then sale deed