• Protection of Seller while Selling a Flat

Hi,
I want to sell my Flat and there is a buyer for it. But I'm not sure if to go ahead as I don't like his terms.
He want to pay only 10% of the amount now at time of Agreement for Sale and balance 90% at the time of Registration of the Sale Deed through Demand Draft. I know this is somewhat usual but after registering the deed the ownership will pass and just in case if there is some technical or other issue with the draft then it could be in big problem as that will be for 90% of the amount. 

I am advised by an expert that I should get the draft verified 1 or 2 days before registering the Deed by taking a xerox copy of the same from the Buyer but I'm still not sure if I'm 100% protected by this or Should I include a Clause in the Deed(if thats possible?) that the Deed will be Cancelled if the draft does not clear.

My Questions are:
1) Is it normal for a Buyer to pay 90% of the Sale consideration on the date of registration? Or Shall I insist on him paying more before and not leave more than 20-30% of amount for the Registration day?
2) Am I 100% protected if I just get the draft verified by the bank 1-2 days before registering the Deed in his favour? Or it still contains some risks for me?
3) Is it possible to contain a Clause for cancellation of the Deed if the draft doesn't clear? Also can I have have him put the demand draft number in the sale deed? In this case if yes, shall I insist on giving me a copy of the Deed?
 Or I can only do this in the Sale Agreement?
4) If for any reason say the draft is genuine but gets physically damaged what is my recourse then?

I know the question might sound more worrisome that the actual scenario but Selling the flat and its consideration is a big thing for me so want to make sure I am 100% covered against any untoward incident.

Please advise!

Thanks
Asked 5 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. One can understand your apprehension of some thing going wrong after the execution of Agreement of Sale and hence your question.
2. Normally buyers who go for home loan follow this method of paying only 10% advance from their own resources to the seller and later on approach the lender for the remaining 90% by producing the Agreement of Sale.
3. If the Demand Draft is genuine, it is as good as cash and can be relied upon and also get it verified by the Bank.
4. You have to be provided with a draft copy of the Sale Deed for you to get it verified by an Advocate and also to mention the DD No. in the sale deed.
5. It is but natural that if the DD is not cleared by the Bank, the whole transaction becomes Null & Void.
6. Even if the DD gets damaged, by approaching the bank, a fresh one shall be issued instead of the damaged one.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
1) generally 10 per cent of sale consideration is paid at time of agreement for sale . balance is paid at time of execution of sale deed 

2)you must check whether bank draft is genuine or not . it would protect your interests 

3)your agreement should contain clause that if balance amount is not paid on due date agreement would stand cancelled and advance paid forfeited

4) demand draft number can be mentioned in sale deed 

Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. It is perfectly normal for the buyer to pay 90% balance amount at the time of registration. The buyer may not agree to pay the maximum amount before the deed is registered since he also will want to be protected from any  of your act which will amount to denial of registration of the sale deed,

2. You can take photocopy of the DD and get it verified from the Branch of the issuing Bank to feel 100% sure of its authenticity,

3. You can have the said clause featured in your sale deed though the said clause stays there by default. You should mention the DD number in your said sale deed. You need not be so sensitive to have a copy of the said sale deed since you can get the certified copy there of from the Registrar's office. However, you can have a photocopy of the same,

4. You shall take the draft before registering the sale deed. If the said DD is physically damagwed, then do not sign the sale deed before the Registrar. After receiving the DD and completing the registration process, keep the DD properly to deposit to your account.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1.  It is an agreement between both.  If you are not inclined to agree to his offer you may refuse and rescind the contract or can insist on your terms, if he is not agreeable then let him withdraw from the proposal.


2.  Instead of going into such verification, you may include a cancellation clause stating that  subject to passing of DD for payment by bank.




3.  The cancellation clause and the DD number may be included in the deed.




4.  You may ask him to get a duplicate DD but the expenses for procuring the duplicate DD are to be borne by the person responsible for the damage caused to DD.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. The normal practice is to first pay a kacha bayana i.e refundable security when the title documents are given by the seller to the buyer to enable the latter to conduct due diligence. If after due diligence the prospective buyer decides to purchase the property then an agreement to sell is executed whereupon x percentage let us say 30% of sale consideration is paid by the buyer to the seller whereas the remaining sale consideration is paid at the time of the 
execution of sale deed. Any deviation from this practice does not augur well.

2. It is suicidal to not to get the draft verified before the sale deed is executed. If the draft is faulty then you will lose your property without consideration being paid for it. 

3. The draft number should find a specific mention in the sale deed. This itself will be enough to succeed in the court if the draft is not honoured.

4. The seller will not be liable for any physical damage to the drafft. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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