• Buyer asking to make sale deed to his friend name

Dear sir/madam
      i have 2 doubts
1) 
      I and buyer had an agreement for sale of my agricultural land. Buyer gives full amount as per agreement but he his telling that he wants register sale deed of the land to his friend name not his name. And also buyer telling that I will put witness sign on sale deed. Is it ok to do sale deed on his friend name. if it's ok, any precautions to be taken please advice me.

2)
 Is Anything written on white paper with witness sign is a valid document in court.

      Thanks
Asked 2 years ago in Property Law
Religion: Hindu

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13 Answers

Refuse to do so 

 

since sales consideration has been paid by buyer sale deed should be executed in his name only 

 

sale deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

As per sale agreement condition you can execute the registered sale deed in favor of the buyer or in favor of his representative or anyone he may inform. 

It depends on the nature of the instrument reduced to writing. 

Generally no.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Hello,

The buyer is purchasing land through benami transaction. You are not at risk of anything, so you can proceed but make it sure that it is clearly mentioned in the agreement that the amount is disbursed by that very person.

Never sign in any blank paper as it can be misused.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

  1. Agreement of sale is executed with A, now A asking to register sale deed in name of B. Unless there is clause in agreement with A to the effect that sale deed can be executed in the name of any party suggested by A, registration of sale deed in name of B will create legal problem for seller.
  2. Execute a supplemental agreement with A and B incorporating clause to the effect that land is sold to B on instructions of A to B and A will not question such sale in favour of B.
  3. Signature of A as attesting witness on sale deed is not of much help, as signature is not a proof of consent by A.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear Client,

 anything written on white paper with witness signature is a valid document in court. try to know the reason for doing so. 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

1. If the agreement of sale has provision to get the property registered in either the buyer's name or in the name of nominee suggested by the buyer, then you can agree for registering the property in his friend's name and him signing as one of the witnesses to the sale deed.

2.  If the document is adequately stamped and which is a legal contract, can only be a valid document to be considered by Court. Mere writing on a plain paper with witness signature will not be considered as a legal document. However, it will not apply to the WILL executed by a Testator. 

Shashidhar S. Sastry
Advocate, Bangalore
5110 Answers
314 Consultations

5.0 on 5.0

It's not a  valid way too do agreement. It's illegal. And the said act can cause you IT and other title issues in future

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

When there is clause in agreement, that seller has to register sale deed in the name of buyer of any party suggested/nominated by buyer, you can execute sale deed in favour of third party taking attestation of agreement holder as witness on sale deed. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Ask buyer friend to pay sale consideration as he wants sale deed to be  executed in his favour 

 

return money received from buyer 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

The agreement clause what you have mentioned clearly authorise you to execute the sale deed in favor of the  buyer proposed by the agreement buyer, therefore you do not have to dispute the decision of the agreement buyer who authorised a third person as his buyer.

You can have the agreement buyer as an attesting witness to the registered sale deed. 

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

Dear Client, 

if the agreement mentions that seller has to register to buyer or to one who buyer has suggested, then there will be no issue. you can show the agreement when there arises a problem.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Your wish

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- Since, you and buyer enter into an account , then the sale deed should be in the name of buyer only , and not in the name of his friend , otherwise the buyer can recover the amount fully paid by him to you. 

- Further, his presence as a witnesses will not solve the issue 

- However, separately you can take a declaration from the buyer for the same , and also the sale deed must have this clause that the sale deed has been registered in the name of buyers friends on his instruction ,and the property is being transferred to the vendee on the instruction of buyer who had entered into an agreement with you. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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