difference between Agreement to sale and sale deed & Development Agreement and Sale Deed
Adv. Dipti Morajkar
(Querist) 09 November 2010
This query is : Resolved
A) Please help me to understand the difference between Agreement to sale and sale deed & Development Agreement and Sale Deed.
B) The second question is what if the Developer or the purchaser has paid the total agreed consideration unto the owner and subsequently the owner refuses to execute the sale deed or want to cancel the transaction. Apart from moving in the court of law what remedy is available to the Developer or the purchaser as the case may be.
Thanks and Regards,
Adv. Dipti Parab
bhagwat patil
(Expert) 09 November 2010
agreement to sale is merely an agreement that in future the saler agrees to sale the property by recieving entire consideration.ie. 'SOUDA PAWATI'or BAYANA PAWATI,2)sale deed is complition of sale contract.development agreement the rights of development are vested.file specific suit.
s.subramanian
(Expert) 09 November 2010
Agreement of sale is an executory contract. It does not and cannot create any interest or title over the suit property. Sale deed is an executed contract which conveys valid and lawful title over the property in faovur of the purchaser. If the agreement is refused to be performed,the aggrieved can file a suit for specific performance.
Khaleel Ahmed
(Expert) 09 November 2010
I would like to add one more important point to Mr. Subramanian. There is no agreement there is no contract.
Parthasarathi Loganathan
(Expert) 09 November 2010
However, if there is any token consideration passed at the time of execution of any agreement, it will surely have a binding as opined by Shri S.Subramanian Sir.
