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P. Naveen (Editor)     03 August 2013

Agreement of sale & will

Respected Sir/Madam,

I hold a property in Hyderabad transferred via a registered Agreement of Sale (Stamp Duty & Registration Fees paid in full) in 2004 and Possession of property given in the same year. Honorable Supreme Court has cited that transactions made before 2011 that are genuine has validity. So can I register a Will Deed on my son's name with the above instrument or do I have to get it regularized?  Can anyone please advise what is the best solution? Thank you.



 10 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 August 2013

yes you can prepare a will in your son name as the document is registered and all formalitiesare completed .

Regards,

Adv. NIKHIL SETH 

Mumbai

1 Like

P. Naveen (Editor)     03 August 2013

Thank you respected sir, but some people are saying that I should get it regularized by converting it to a Sale Deed by paying difference in registration costs because they say only a Sale Deed confers Title. I have paid all the relevant costs equal to a Sale Deed prevalent at that time for this document way back in 2004. So except for the nomenclature in my document, everything was done as though it was a Sale Deed, but my document says "Agreement of Sale cum GPA". Kindly advise if I can go ahead and present this instrument to execute a Will Deed on my son.

adv.raghavan (Advocate,9444674980)     03 August 2013

if u have paid all the amounts to the seller, why didnot u go for sale deed instead of sale agreement, sale agreement is only  a document to prove there is a offer and acceptance. have u shown full sale consideration in sale agreement, if yes u should have gone for sale deed, this is for change of revenue records mostly can be done only with valid sale deed. if possible and if the seller still available try to go for sale deed.. 

1 Like

P. Naveen (Editor)     03 August 2013

Dear Sir, I was not properly informed and was wrongly advised about this nearly 10 years ago. Back then I wasn't that smart to get it converted to a Sale Deed because the person who executed this document was my aunt (mother's eldest sister) who was a spinster (she has no children) and she was very close to me and I looked after her till she passed away last year. So I thought this document was enough to execute a Will Deed on my son at a later time. Now she isn't alive, but there is a clause in my document whereby she said I could present this document for a Sale Deed on my own.

Please help me because she is not alive and I want to execute a Will Deed on my son. What is the status of my current document now that she isn't alive? Please advise? Thank you.

Advocate Sastry (Advocate)     03 August 2013

Dear Naveen,

From the entire discussions I observe that you are asking guidance by giving information in instalments..

First you said as Agreement of Sale.

Second you say it is a GPA cum Sale

Third you say that executor was your Aunt and she is no more...Further there was clause about presentation for conversion as Ssale Deed.

Dear friend please show all documents to an Advocate and seek his opinion and legal advice.

1 Like

Advocate Sastry (Advocate)     03 August 2013

Dear friend please show all documents to an Advocate and seek his opinion and legal advice.

1 Like

P. Naveen (Editor)     03 August 2013

Dear Sir, I was asking in instalments because I am being told that though the GPA has expired by the passing away of my aunt, what is protecting me is the Sale Agreement and the Possession of property document. So since this document serves 2 purposes, i.e, Sale as well as GPA, people are differing in opinions saying that since Sale Agreement is registered and Possession given, I can either regularize it or execute a GIft Deed. However I am interested in executing a Will Deed. Please correct me and kindly advise? Thanks.

Advocate Sastry (Advocate)     04 August 2013

Dear Naveen,

You say the people are differing in opinions.. Who are those people ?...As per my understanding at the time of GPA cum Sale, the stamp duty has been paid   and as per rules the provision is "When a sale deed is executed in pursuance of an agreement, stamp duty already paid on such agreement shall be adjustable towards the final duty payable on that sale deed." Hence you have to convert it as Sale Deed  I sincerely suggest that you personally meet the Sub Regitrar where the GPA was registered and take his opinion. After registering as Sale Deed you will be the aboslute owner and can wrire a WILL... I hope I am clear in my views.

1 Like

P. Naveen (Editor)     04 August 2013

Respected Sir, thank you for the sound advice, and yes you are very clear on this issue. But may I please bother you with just one more question? The fear and tension I have is because the Executant is not alive and that's why 'certain' people are scaring me by saying that now the property does not belong to me anymore. So, if you dont mind, could you please tell me if I can convert it to a Sale Deed when the Executant is no more? Please forgive me but I get a lot of questions when I am very tensed and afraid. Please help me dear Sir. Thank you.

Advocate Sastry (Advocate)     04 August 2013

Dear Naveen,

I understand your tension...Please meet Sub Regstrar and take his opinion and after that you come back to us.

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