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Vishal Nemade   23 March 2021

Sale deed before bank issue original dd

I am a seller and planning to sell my flat to buyer. We already done Agreement To Sale. Buyer is availing loan from private bank and bank is saying that loan is sanctioned and Bank will provide only photo-copy of DD and we should do Sale Deed based on that DD. In Sale Deed, it will be mention that Buyer has made full payment , subject to cheque realization and Seller has handover flat to Buyer. 

Is this allowed? Can we do Sale deed based on photo copy of DD. What if after Sale Deed, Bank do that provide original DD for whatsoever reason. Will that Sale deed be void if DD is not cleared?

Can I write below conditon in Sale Deed?

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Condition:- The above Referred Cheques / Payment / RTGS / D.D. / Pay Order / Bank Cheque are Subject to Realization and Clearance.

Being the full and final consideration (the payment and receipt whereof the VENDORS/TRANSFERORS does hereby admit confirm and acknowledge) and VENDORS/TRANSFERORS will have right to VOID this SALE DEED, if cheque/D.D are not cleared.

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 8 Replies

G.L.N. Prasad (Retired employee.)     24 March 2021

Mere mention of demand draft no   with such certified copy of the xerox is enough to convince the Registrar.  The sale deed should satisfy the purchaser and the Registrar and Registrar is concerned with collecting stamp fee and registration expenses as per not below values mentioned market value n their registers.

1 Like

Vishal Nemade   24 March 2021

Thanks Mr. Prasad for prompt reply. What I understand from your reply is that I need to get certified copy of xerox from bank(that will have seal of Bank) and use it for Sale Deed. 

But note, we are no where mentioning that Zerox copy of Bank's cheque is submitted by Purchaser and haven't given original Cheque (Sorry, its not going to be DD) in Sale Deed. We are mentioning Purchaser has paid full consideration using cheque. Is that fine?

 

Kishor Mehta (CEO)     24 March 2021

It is not prudent to accept photocopy of the D/D against execution of a sale deed. It may cause you unnecessary legal trouble if the payment is not realized for any unforseen reasons.

1 Like

Vishal Nemade   24 March 2021

Thanks Mr. Mehta for reply. But I checked with many banks nationalized as well as private (Bank Of Baroda, HDFC, L&T, SBI) and all are insisting to do Sale Deed first using photo copy and then they will provide Original DD/Check when purchaser submit Sale Deed to Bank. 

So not sure what to do now.

 

Kishor Mehta (CEO)     24 March 2021

I have never come across this method of photocopy of D/D or Banker's cheque at the time of execution of sale deed. Once the sale deed is signed and registered you are at the mercy of the purchaser or Bank for the D/D or Banker's cheque. This is not a good proposal by any count. Normally the sale deed is executed against full payment. However it is your property and you may decide what is best for you. 

1 Like

Vishal Nemade   24 March 2021

Ok. Thanks Mr. Kishor for your reply. I will talk to purchaser and bank about this. All your reply did help to understand the process so really thanks for it.

Ajay Malshe   08 July 2021

Please inform how you executed sale deed. You can ask bank to be present at time of execution of sale deed & handover DD on execution (Copy of DD & loan sanction should be attached to sale deed). Banker  shall claim &  get acknowledgement of sale deed as financier. Banker will get original sale deed on presenting acknowledgement to registrar within 2-3 days,to enable banker to mortgage the property with original sale deed. 

But if Banker is not ready to be present at time of registration & deliver DD, there is risk of not getting DD , but buyer asking for possession.  

As some bankers like ICICI bank not ready for this arrangement, please suggest any solution or how did you sold the flat to ensure that DD shall be received as I am facing this problem as seller (I may have to cancel deal). 

 

 

G.L.N. Prasad (Retired employee.)     08 July 2021

This is the query in the first post: 'Can I write below condition in Sale Deed? ------------------------------------------------------------------------------------------ Condition:- The above Referred Cheques / Payment / RTGS / D.D. / Pay Order / Bank Cheque are Subject to Realization and Clearance. Being the full and final consideration (the payment and receipt whereof the VENDORS/TRANSFERORS does hereby admit confirm and acknowledge) and VENDORS/TRANSFERORS will have right to VOID this SALE DEED if cheque/D.D are not cleared. -----

Reply:  YES.  The seller can keep any such condition as he likes. But once a title deed is registered, it can only be canceled by the Court and the seller never gets any right to treat any valid registered deed as VOID", and it may be void to him, and voidable to the purchaser for his own reasons/facts.  Then the seller who lost possession has to file a declaration suit with a court fee on the market value/sale deed amount and wait for decades for getting such a cancelation.


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