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rajiv (self employed)     22 November 2014

Sale deed - without sale agreement

Dear Sir, i have a property for sale and i have entrusted the work to a mediator to find a buyer. The mediator is asking me to sign a sale agreement with some party. I told the mediator that i wish to avoid the sale agreement system but go for direct registration (sale deed). the mediator is not agreeing. He says that in case of a dispute the court will question why the sale agreement was not executed (i think he is misleading me, a dispute will arise only when a sale agreement is executed and the conditions are not fulfilled). How to tell my mediator and make him understand that the sale agreement is not needed and i am not interested in that plan. I understand that the buyer might need a sale agreement to obtain a loan from bank, but this is Land, do banks give loans for purchase of land? learned sir's please advise. Thanks in advance.



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 4 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     22 November 2014

Change the mediator

Dalip Singh (Advocate)     22 November 2014

Firstly, you have not made it clear whether it is agricultural land or residential plot and area thereof.  Secondly,   we used to enter into agreement to sell/bayana agreement before execution and registration of sale deed.  If the party wants to enter into agreement to sell/bayana agreement, go through it provided you meet the buyer personally and enter into terms and conditions between you both with your consent not with the consent of the mediator.   As regards,  your query about bank loan, you can ask the buyer to let you know the name of the bank who is going to finance.   You can confirm the status of the loan from the bank itself.   However, mostly bank do not give housing loan for purchase of land/plot because it is difficult to take the possession of the vacant plot/land in case of default.

G. Y. Sharma (Advocate)     22 November 2014

dear mr. rajiv, There is no rule that a sale deed should proceed with a sale agreement. if your mediator insists to make you believe that it requires sale agreement, he is absolutely wrong. He may carry a malafide intention or may innocent of the matter. Being a business man, he can not be expected to be not conversant with the rules and the things. Coming to the requirement of loan, that may be accepted. Banks do give loans on plots/lands as well. The purchaser may apply for loan basing on the sale agreement and then obtain loan from bank and thus purchase the property from you. You need carry all those tasks on your shoulders. As far as the question of entering into the sale agreement is concerned, it is not a wrong at all nor could it be prejudicial to your interests. But you have to dictate your terms and the time factor in the sale agreement and then proceed further. you need not afraid of entering into the sale agreements. But one thing please keep in mind that you have to get back your sale agreement at the time making registration under the sale deed. Lest it may lead to adverse consequences against your interests.

Hope you could catch me, lest you are always welcome to contact me at the following address.

Thanking you,

Truly yours,

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

gysharmaadv@gmail.com

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

You are absolutely right that a sale agreement need not necessarily precede a sale deed.If you do not want to enter into such agreement, you can very well go ahead with sale deed itself directly, no body can force you for that. If your mediator insists on it, better discard him, don't take his help for anything because his intentions may be malafide.  Don't listen to his words. ignore him.


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