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Madhuri (Lawyer)     07 February 2009

Agreement to sell

Hi,

If there is Agmt. to sell b/w builder and Mr. X which was duly registered and Mr. Y purchased the same property in resell by doing Agmt. to sell which is also duly registered.  There is sidco letter is also attached with Agmt. Now Mr. Z wants to buy same property what documents i have to check while going through these Agmt. to sell. 

Can Mr. Y have a right to sell the property what is the status of Mr. Z if he purchased the property whether Bank can give a loan on same.



Learning

 6 Replies

K.C.Suresh (Advocate)     08 February 2009

I presume you mean " builder & X entered in to an agreemnt for slae of the building and exeuted a registered agreement. There aftyer X sold the buiding to Y after executing a registered agreement. This agreement attached with sidco letter. Now your party Z wants to buy the building from Y. As an Adcocate what all documents you need to verify and examine for giving an advise to Z.


YOU HAVE TO VERIFY THE ORGINAL TITLE DEED , REGISTERED DOCUMENTS, SIDCO AGREEMENT, ENCUMBRANCE FOR THE LAST 15 YEARS, THE RIGHT OVER THE PORTION OF THE LAND. AFTER VERIFICATION AND EXAMINATION YOU YOURSELF WILL BE ABLE TO ANSWER THE LATTER PART OF  YOUR QUERRY.

PALNITKAR V.V. (Lawyer)     08 February 2009

Mere agreement to sell does not confer ownership. There should be registered sale deed in favour of Mr. Y. Only then he can transfer ownership. Otherwise the sale deed has to be executed between Mr. X and Mr. Z and Mr. Y should be the consenting party.  As Mr. Suresh has suggested there should be verification of title documents. It is always better to issue paper publication inviting objections if any. 

sanjay singh thakur (advocate)     08 February 2009

Dear Madhri


I fully agree with Mr. Palnitkar. Before purchasing the same its better to go for search of the title deed by Lawyer having expertise in the field.

Md. Muneeruddin (Advocate)     12 February 2009

An agreement to sell is not a concluded contract.  Immovable property can be conveyed only upon execution of registered sale deed and till such time, the Vendee shall have a right to seek execution of sale deed by virtue of agreement to sell as such any conveyance by agreement holder shall not stand in judicial scrutiny

Uma parameswaran (lawyer)     17 February 2009

I am supporting  Sureshji's  reply.

Vinayak Patil (Advocate)     25 August 2009

As per the MOFA Act Agreement to sale is sufficient for confirm the title. You have to go through the Original  Agreement with CIDCO, then second Agreement by owner, CIDCO permission letter, Also go through the Register II at the Conserned Sub Registrar Office  and get search and Title Investigation report for minimum 13 years from the advocate having minimum 10 year practice.


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