Restistered Agreement is Same as sale deed
Anup
(Querist) 15 September 2010
This query is : Resolved
Hi,
I am purchasing a resale flat in pune. I have received all the documents from the vendor,except the sale deed between the present vendor & the previous owner from whom the present vendor purchased the property. He did not executed the sale deed and only executed the agreement to sale which is registered in the registar office with full stamp duty paid. Now, the bank which is finincing me asking for this sale document for the legel to clear and to do the disbursement. Please,let me know how can this would be workout?
Regards,
Anup
s.subramanian
(Expert) 15 September 2010
In the absence of a valid sale deed your vendor cannot claim title to the flat. Consequently he cannot convey a valid title to you.
Kiran Kumar
(Expert) 15 September 2010
without sale deed, the property can not be transferred in your name.
mere agreement to sell will not transfer the ownership in favour of purchaser.
B.R. BHALLA, ADVOCATE
(Expert) 15 September 2010
No one can pass a better title than what he himself has. Since the previous owner himself does not possess a valid title, he can not pass a proper and legal title. Please get it regularised in your own interest.
masood ausaf
(Expert) 19 September 2010
The Sale deed is necessary for the transfer of the rights in the property and the Sale Agreement is not equivalent to the Sale deed therefore, the Bank is rightly asking for the valid sale deed.
