Sale Deed pursuant to Agreement..

Aryan Jadhav (Querist) 01 November 2010 This query is : Resolved
Thanx in advance to all experts,

‘X’ agreed to sell his separated area, adm. 90 Ares, out of total land area 96 Ares, Pune, Maharashtra, in favour of ‘Y’, by executing regd. Agreement for Sell. Now, ‘Y’ wants to sell his remaining area 06 Ares to ‘X’ with above 90 Ares, by executing Sale Deed, which is going to be registered as per above said Agreement. Is it possible as per Law?. If possible then How??, what about registration fees, stamp duty, legal technicalities, etc.??,

I am waiting for your expert comments.. please..

Aryan Jadhav
Law Student & Associate

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Kiran Kumar (Expert) 01 November 2010
dear Aryan your query is a bit confusing!

make clear how the partition of the above said property actually stands.

how much area is being owned by X and how much is under the ownership of Y.

otherwise, if there is some sort of exchange then also the normal stamp fee will be affixed for the purpose of registration.

Aryan Jadhav (Querist) 01 November 2010
Thanx for reply sir,

There is no partition of the said land. X owned entire 96 Ares. X executed Agreement for Sale of 90 Ares out of entire 96 Ares. Now X wants to sell entire 96 Ares to Y, by way of one Sale Deed (90 Ares + 06 Ares = 96 Ares) including above said 90 Ares of Agreement for sale, which he has been executed and registered in favour of Y. Stamp Duty and registration fees of 90 Ares is paid on Agreement for Sale.

Kirti Kar Tripathi (Expert) 01 November 2010
yes, he can, so for as stamp duty & registration fee is concerned, the same will be payable at the prevailing rate at the time of registration.

adv. rajeev ( rajoo ) (Expert) 01 November 2010
Yes he can sell entire 96acres to Y in a one sale deed. The AOS for 90 acres does not make any difference.

s.subramanian (Expert) 01 November 2010
No hassles at all. He can sell 96 ares under the sale deed.

niranjan (Expert) 01 November 2010
If full stamp duty is paid for full consideration for 90 ares will be adjusted at the time of executing sale deed for 96 ares.