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Vipul   24 June 2015

Sale agreement and sale deed

If a buyer wants to get into a sale agreement with a seller of a resale flat and wants to register the sale agreement, does it mean buyer will have to pay registration charges and stamp duty at the same time or this can be done at later stage.

When is sale deed registration done and when it is executed? Is there any certificate issued for sale deed? In case of resale property, should buyer seek for sale deed certificate from seller? Or is it okay if seller merely have registered sale agreement copies



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 3 Replies

SRISHAILA.DHARANI (Advocate&consultant)     25 June 2015

Dear Friend,

1.It is better, Please take all  the original documents of the property from the seller and get scrutinised by the lawyer.

2.You have to pay the registration fee and stamp papers based on the valur shown in the agreement.

3.You have to mention the time in the agreement , when you are going to register the sale deed, like 3 months or 6 months from the date of the agreement.Further you will get the orginal sale deed copy from the registerar office after sale deed reistration.

srishaila,9741425514,sdharani120@gmail.com

Subash M R (Advocate)     25 June 2015

Sale agreement is merely creating a right to obtain another document which is not compulsorily registrable document.

Sale deed,on the otherhand,which creates right in immovable property is compulsorily registrable one.

Thanking you,

Vipul   26 June 2015

Thanks for the responses.

I have read that for registration of sale agreement, you can pay only 0.1% of stamp duty and get the agreement registered. Now will this agreement be acceptible by banks as they always look for registered sale agreement? At the time of sale deed registration complete stamp duty can be paid.

If you are paying full registration charges of 30,000/- and stamp duty of 5% (in Maharashtra) for sale agreement registration then is it not as good as sale deed? My interpretation is that sale agreement is treated as sale deed.


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