My registered saledeed content, i came to know about conditional saledeed please help me i invested all my savings, our intent absolute sale. ABSOLUTE SALE DEED WHEREAS, the SELLERS being the absolute owners and in possession of the property more fully described in the Schedule with exclusive right of ownership, for domestic necessities and family benefit, have decided to sell the Schedule Property through this absolute deed of sale to the PURCHASER herein; and the PURCHASER has agreed for the same subject to the conditions set forth below. AND WHEREAS, the SELLERS herein now offered to sell the Schedule Property to the PURCHASER herein for a total sale consideration of Rs.1,33,00,000/- (Rupees One Crore Thirty-Three Lakhs Only), free from all encumbrances. The PURCHASER has agreed to pay to purchase the Schedule Property for the total sale consideration amount of Rs.1,33,00,000/- (Rupees One Crore Thirty-Three Lakhs Only), subject to the actual measurement, free from all encumbrances. **Full amount paid not disclosing** Thus, the payment of entire sale consideration of Rs.1,33,00,000/- (Rupees One Crore Thirty-Three Lakhs Only) has been received by the SELLERS, and the SELLERS hereby grants/transfers by way of sale to the PURCHASER the Schedule Property with all rights, privileges, interest whatsoever to the Schedule Property as the absolute owner, as normally be conveyed under the sale THE SELLERS AND THE PURCHASER COVENANT WITH EACH OTHER AS FOLLOWS: 5. The SELLERS have on this day delivered copies of all the original documents of Title Deeds pertaining and related to the Schedule Property to the PURCHASER. 7. The SELLERS shall sign all papers, documents etc., as may be required in order to perfect the title of the PURCHASER in respect of the Schedule Property. 8. The SELLERS further covenants that they have no objection for the PURCHASER to get the Khatha of the Schedule Property transferred to the name of the PURCHASER. The SELLERS undertakes to sign and deliver all such forms, declarations etc., to absolutely and effectually convey a valid title to the PURCHASER over the Schedule Property once the registration of sale deed is complete. ------------------- 1) is my saledeed looks like conditional saledeed, if so guide me what all rectification i need to do? 2) "subject to the actual measurement" is making it conditional,we have not taken any actual measurement will it effect the saledeed ? 3) is complete ownership transfered to the purchaser,do sellers left with any ownership? 4) in covenant (point 8) why sellers undertake to convey a valid title to the purchaser over the schedule property once the registraion is done, it means title is not transfered? 5)And in the saledeed title transfer missing,copies of all the original documents delivered stating even though i recevied original documents 6) law consultancy who drafted trying to pull me into trouble?
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Sale deed does not mention area of property,survey number ,boundaries of property
2) the area of property is specified in sale deed and in schedule of property
3) you should have got the sale deed vetted lawyer
4) title to property is transferred .only entry in revenue records has to be done
5) if original documents of title not delivered why did you sign the sale deed
6) your interests have not been protected by your lawyer
1. The following points should have been included in the Absolute Sale Deed:-
(a). How the amount of Rs. 1,33,00,000/- was paid to the seller, such as DD, IMPS, NEFT, etc.
(b). Clause mentioning 'Subject to the actual measurement' should not have been there in the ASD.
(c). In clause(5), instead of copies, original documents should have been there.
2. It's effect on the sale deed could be rectified.
3. Complete ownership is transferred to the buyer and owners having received the entire sale consideration and subsequent registration of the Absolute Sale Deed in favour of the buyer, clearly indicates that the sellers right over the property is extinguished.
4. That means owners are ready to execute any supplementary deed to perfect the title of the buyer in future. It doesn't mean that the title is not transferred to the buyer.
5. Since you have already received the original documents, it doesn't affect the title transfer.
6. It looks unintentional.
1. There is no condition imposed in the sale deed, hence what is that you wanted to clarify?
2. There is no such condition in your post.
3. The seller has transferred his ownership by this registered sale deed.
4. It is a general covenant, the seller has to cooperate with you to transfer the khata because the khata is a revenue document and the sale deed is a title document, therefore it is the duty of the seller to transfer the khata to your name.
5. You go through the recital of the documents carefully, if you still are io doubt get an opinion from your lawyer.
6. No, not all.
Absolute sale.
It’s not a conditional sale deed any sale deed through which rights can’t be conveyed to the buyer through its covenant the same is void and not applicable. You can still move for rectification if both parties are available
Dear client,
It seems like the sale deed you've shared has some elements that raise concerns about the transfer of absolute ownership. Your deed does seem to have certain conditional elements. For instance, the clause "subject to the actual measurement" could imply that the final sale is contingent upon a measurement that hasn't been conducted yet. Rectification might involve an addendum or amendment to the deed clarifying this condition or conducting the agreed-upon measurement. This clause introduces uncertainty about the property's precise size or boundaries. It's advisable to rectify this by conducting the measurement as agreed upon or by modifying the deed to remove this condition.
As per the deed, the sellers seem to transfer ownership upon receiving the full payment. However, the clauses related to the Khatha transfer and signing documents to perfect the title hint that there might be some steps pending for full transfer. It's essential to clarify these points for complete ownership transfer. The clause indicates the seller's commitment to facilitating the transfer of title after the registration. It doesn't necessarily mean the title hasn't transferred but implies an assurance that any additional steps required for a clean title will be completed post-registration.
The absence of explicit language regarding title transfer in the deed could lead to confusion or disputes. Ensure that the deed explicitly states the transfer of title from the seller to the purchaser to avoid any future complications. If you suspect that the drafted deed might cause legal issues or isn't in your best interest, it's crucial to seek legal advice from a trusted lawyer specializing in property transactions. They can review the deed thoroughly and provide guidance on necessary amendments or actions to safeguard your interests.
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Hi All, First let me thank kanoon for bringing all the legally experts to one place, and small request from my side please remove restrictions on number of characters we can post. Statement from my saledeed :- ------------------------------------ "The PURCHASER has agreed to pay to purchase the Schedule Property for the total sale consideration amount of Rs.1,33,00,000/- (Rupees One Crore Thirty-Three Lakhs Only), subject to the actual measurement, free from all encumbrances." schedule property is measureing 2400 sq.ft 40*60 1) when i went and measured after the sale it came out as 40.5 * 61 total size :- 2470, does this measurement impact me ? 2) What will be the impact if i dont do the rectification, owners are not showing interest they are staying abrod on in US and one in UK? 3) does subject to actual measurement means sale consideration changed as per measurment ? 4) is it mandatory for rectification ? "Thus, the payment of entire sale consideration of Rs.1,33,00,000/- (Rupees One Crore Thirty-Three Lakhs Only) has been received by the SELLERS, and the SELLERS hereby grants/transfers by way of sale to the PURCHASER the Schedule Property with all rights, privileges, interest whatsoever to the Schedule Property as the absolute owners, as normally be conveyed under the sale." 1) in this statement what it mean "as normally be conveyed under the sale" ? 2) does this mean transfer happens only on the subject to conditions out lined full filled? 3) Will my sale become invalid ? 4) does this mean i am not owner ?
1) there is some difference in measurement so you will have to pay more
2) sale consideration changed according to actual measurements
3) advisable to execute deed of rectification
4) your sale is not invalid
5) you are owner of property
The measurement which you made may not be in accordance to the actual measurement that would be made by a government surveyor.
Since you purchased 2400 Sq ft alone, you don't bother about the extra space, you should be concerned only if the area of extent is less than for which you paid/purchased.
There's no necessity to go for any rectification deed.
The recital clearly expresses that by this deed the property has been transferred to you with rights and interest by way of sale of property.
By this contents it's understood that the by this transfer you acquire a clear and marketable title to the property you purchased now.
Don't get confused by misinterpreting the contents.
Dear client,
Let's break down your concerns:
The discrepancy in the measured size might cause issues later. If the deed explicitly mentions that the sale is subject to the actual measurement, and the measured area exceeds what was initially agreed upon, it might affect the terms of the sale. Failure to rectify the difference in measurement could potentially lead to disputes or legal issues in the future, especially if the discrepancy becomes a point of contention between you and the sellers. It's essential to try and resolve this matter even if the sellers are currently abroad. If the deed specifies the sale as subject to actual measurement, a change in the measured area might affect the sale consideration. Depending on the agreed-upon price per square foot, the difference in area could impact the total sale amount. Rectification becomes crucial to ensure that the sale deed accurately reflects the property's dimensions and terms agreed upon by both parties. However, rectification might not be mandatory if both parties agree to the new dimensions and are willing to proceed without altering the deed.
Regarding the statement: "The SELLERS hereby grants/transfers... as normally be conveyed under the sale":
This phrase typically refers to the standard transfer of ownership rights and interests that occur in a property sale, subject to the conditions agreed upon in the sale deed. It means the transfer of ownership is in line with the usual procedures of a property sale, subject to the conditions mentioned in the sale deed. If any conditions outlined in the deed aren't met, it might impact the completeness or legality of the transfer. The sale might not become invalid per se, but discrepancies or unfulfilled conditions could create complications in proving absolute ownership or defending against potential disputes in the future. As per the deed's language, it seems that ownership is intended to transfer to you upon meeting all the conditions outlined in the deed. However, the discrepancies in measurements and other conditions might affect the completeness of this transfer.
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