Registration of agreement to sale vs sale deed

This query is : Resolved 
 

(Querist)
29 January 2012

If there are two documents:
1) Agreement to sale?
2) Sale deed?

The Agreement to sale is registered. Is the sale deed required to be registered again? or mere declaraton of payment receipt is sufficient?

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Shailesh Kr. Shah (Expert)
29 January 2012

Is the sale deed required to be registered again?

Answer: without registration of sale deed, you can not get title of property. mere declaration of payment receipt is not sufficient.

anurag kaushik (Querist)
29 January 2012

Now the agreement to sale has recital:
Forthwith on receipt of payment of aforesaid consideration -------the purchaser shall ispo facto become entitled to legally occupy and posess the said flat with all rights, titla , interest, ownership.

Further the payment has been acknowlwdged.

Advocate. Arunagiri (Expert)
29 January 2012

Sale agreement is only an expression of interest to sell. Even if the 100% consideration is paid.

Sale deed is transfer of title deeds.

You can decide what document needed to be registered.

Shailesh Kr. Shah (Expert)
29 January 2012

But you can't get valid and marketable title without registration of sale deed.

anurag kaushik (Querist)
29 January 2012

So you mean to say there will be two registered documents:
1) Agreement to sale.
2) Sale deed.

for the same property in the same time(say 2 months).

Advocate. Arunagiri (Expert)
29 January 2012

Yes it is true, Mr.Shah.

Devajyoti Barman (Expert)
Click to Talk
29 January 2012

Sale deed again needs to be registered but on this time you need to make repeated payment of stamp duty.
Only registration fees is repeated.

Shailesh Kr. Shah (Expert)
30 January 2012

yes, you are rightly understood.

Advocate. Arunagiri (Expert)
30 January 2012

Mr.Kaushik,

do you have any real case. you can post your problems.

dev kapoor (Expert)
30 January 2012

Hi Mr.Kaushak,
Sometime experts are unable to give to-the-point advice due to incomplete or unclear facts.So it is better to be categorical please.
In fact the law requires Sale deed to be compulsorily registered whereas Deed of Agreement to sell is registrable at Option.But in some cases ppl draft Agreement of Sale in such a manner that it incorporates all the conditions of SALE DEED e.g Sale consideration is paid-received;possession handed-over and taken-over.This kind of deed is nonetheless a SALE deed though it is NAMED as Agreement to Sell.Such deed must have the SAME STAMP duty on the price paid as we do in case of a SALE DEED.In that case I agree with the above opinion expressed by Mr.Devajyoti Expert.But where the deed of AGREEMENT OF SALE has the stipulation of proposal-acceptance & payment of sale consideration in future or even possession of the property being demised to be delivered in future,this deed is not required to pay Stamp-Duty & Registration Fee like we do on Sale Deed but only as we do in cases of Miscellaneous documents.
I,however,request Mr.Devajyoti to be more clear & let us know under what law (Sections of Stamps Act/Registration Act or Judgments) he has based his opinion.That will remove any ambiguity or uncertainty.
Thanks & Regards !



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