• Sale deed

I have purchased a flat from the builder in 2018, possession given.
agreement to sale done , registered , full stamp duty and reg charges paid.
subsequently society was formed, conveyance done .share certificate allotted.
i came to know that i need to do a sale agreement and get it registered as well.
all of the society members have only the agreement to sale done 
kindly guide. 
can we do it now, any penalties ? or it needs to be done at the time of sale of the flat in the future.
regards

umesh
Asked 11 days ago in Property Law
Religion: Hindu

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10 Answers

There is no separate compulsory “sale deed” required again between builder and flat purchaser. Many people use the words “agreement” and “sale deed” interchangebly, which creates panic. What you signed in 2018 already works as a conveyance in your favour. That is why all society members also have only Agreement for Sale—this is normal practice. You do not need to execute anything now, and there is no penalty.

Sukumar Jadhav
Advocate, Mumbai
64 Answers

If your 2018 “Agreement for Sale” is registered and full stamp duty/registration was paid, then separate Sale Deed is usually NOT required now.
No penalty just for not doing another deed.

You’ll do a fresh registered transfer only when you sell in future.

Only exception: if your document is only an “Agreement to Sell” (promise) and not a proper registered Agreement for Sale—then get it checked once.

Shubham Goyal
Advocate, Delhi
2212 Answers
17 Consultations

registration of sale deed is necessary to confer clear and marketable title to flat 

 

ask builder to execute registered sale deed in your favour now 

 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

Based on the facts you have mentioned, there is no defect in your title and there is no immediate or compulsory requirement for you to execute a fresh sale deed at this stage.

 

In Maharashtra, for flats sold by builders, a registered Agreement for Sale executed under the Maharashtra Ownership of Flats Act, along with full stamp duty and registration, is a valid and legally recognised conveyance of ownership rights.

 

Since your agreement to sale was registered, full stamp duty and registration charges were paid, possession was handed over, the society has been formed, conveyance of the land and building has been completed in favour of the society, and the share certificate has been issued to you, your ownership is complete and marketable.

 

The belief that a separate sale deed is compulsory is a common misconception. In builder-flat transactions in Maharashtra, the registered Agreement for Sale itself functions as the sale document, provided it is properly stamped and registered. A separate sale deed is not mandatory unless the agreement specifically states that a sale deed will be executed later, or the agreement was unregistered or inadequately stamped, which is not your case.

 

That is why it is normal and legally correct for all society members to hold only a registered agreement to sale.

 

You can technically execute a confirmatory deed or a deed of sale even now, but this is optional and not required by law. If you choose to do so, stamp duty and registration charges may again become payable depending on how the document is drafted, but no additional legal benefit is usually gained. There is no penalty for not executing a sale deed now, because the law does not mandate it where a registered agreement already exists.

 

At the time of future resale, you can sell the flat directly on the basis of your registered agreement to sale, share certificate, and society NOC. Buyers, banks, and registrars routinely accept this. You do not need to first execute a sale deed in your favour before selling the flat.

 

A sale deed would become necessary only if the agreement was unregistered, stamp duty was deficient, or title was never properly conveyed by the builder, none of which applies in your situation.

 

In simple terms, your ownership is already complete, no penalty applies, no compulsory sale deed is required now, no legal issue will arise at resale, and executing a sale deed at this stage is optional and usually unnecessary.

Yuganshu Sharma
Advocate, Delhi
1109 Answers
4 Consultations

Agreement to sale is not the title document.

Your clear and marketable title can be established only by a registered sale deed executed by the vendor in your favor by paying the requisite stamp duty.

You can get the registered sale deed executed even now by paying the applicable penalties.

You cannot sell the property if you do not have registered sale deed on your name, your title will be considered as defective and you may not be able to sell your property at a later stage without the registered sale deed on your name.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

Yes any flat purchased from builder should be with registered sale deed 

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

from whom did you come to know?

no further document is needed after conveyance deed is executed in society's favour

the title of the flat buyers gets completed upon registration of conveyance in favour of society

whosoever told you to do any further document has misinformed you

Yusuf Rampurawala
Advocate, Mumbai
7924 Answers
79 Consultations

A registered agreement for sale with full stamp duty and registration is generally treated as a valid title for a flat bought from a builder. Since the society is formed, conveyance is done, and share certificate is issued, your ownership is already recognised...

A separate sale deed is not compulsory in most such cases, and there is no penalty for not doing it now. Many buyers are in the same position...

You may do a sale deed later only if the builder agrees, but it is usually not required. At the time of resale, the agreement for sale, share certificate, and society conveyance are normally sufficient...

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

Dear client,

 As you have the sale agreement, you can still go for a sale deed since the sale deed is drafted after the completion of sale. For removing any kind of legal complication it is better to have sale deed ready and register it as well otherwise there might be difficulties involved in the sale of the property. So it is advisable if the sale deed is registered as well. So if the sale has happened within 8 months then it is possible to get it registered within this time by paying a penalty which is 10 times the original registration fee. If it is after 8 months then the need arises of executing a fresh sale deed and then the stamp duty and the penalties will be higher. 

 I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11069 Answers
125 Consultations

- If the said property is registered in your name i.e. a sale deed already registered in your name , then other agreement is not mandatory . 

Mohammed Shahzad
Advocate, Delhi
15852 Answers
243 Consultations

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