Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

JaiHind2010 (Owner)     29 December 2009

Problem with Sale Deed

Could any of the esteemed lawyers pls advise what are the problems face by buyer of property if he has signed following document?

Are there any loop holes in this agreement which does not protect the buyer or seller?




 12 Replies

JaiHind2010 (Owner)     29 December 2009

PS; I have not added last page (signing) and receipt page.


Thank you.

Vishal (business)     30 December 2009


would like to know if we should sign a sale deed as well after executing the "Agreement to Sale" once the full consideration is paid.

what is to be done  if the "Agreement to Sale" is registered?







Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 January 2010

Mr. Vishal,

A registered Document operates from the time from which it would have commenced to operate if no Registraton thereof had been required or made, and not from the time of its Registration. Supposing a Document relating to a sale of immovable property is executed on 1st July and possession of the property has been delivered, but the Document is Registered on 3rd September, the Document operates from the date of its execution i.e. from 1st July and the property must be deemed to have been passed only from the date of its execution.

Vishal (business)     04 January 2010

Thanks for your reply

But still need calrification

Is the "Agreement to sale" is final document or should we also sign " sale deed" after signing the "Agreement to sale" .

If yes then should we wait and register the "sale deed" instead of "Agreement to sale" .





m.arunprakaash (advocate)     07 February 2010

 what is the difference between agreement to sell, agreement for sale and agreement of sale ?

Mohammad Haider (HEAD- LEGAL AND REGULATORY)     11 February 2010

The "Agreement to Sell", "Agreement for Sale" and "Agreement of Sale" are synonymous terms. The agreement of Sale is a simple agreement which lays down pre conditions to the sale of a immovable property. However, title does not pass with the agreement for sale, and the Purchaser (Under an Agreemennt to sell)  does not become the owner of the property unless and until a Sale Deed is executed in his favour,

Section 54 of the Transfer of Property Act defines the Contract of Sale or An Agreement to Sell in the following words: " A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.It does not, of itself, create any interest in or charge on such property."

Therefore, getting the Sale Deed Executed is a must, for the Tranfer of Property.

Should you require any further assistance, do revert.

m.arunprakaash (advocate)     12 February 2010

 Thank you Mr. Haider,

Still I foresee some difference between these terms.



Vishal (business)     15 February 2010

Thank you Mr Haider

Still would like to know:

1) if we have registered an "Agreement for Sale" and later on sign a "SALE DEED" do we need to register the same

2) what documents a Purchaser purchasing a flat from a Owner who has purchased from a Developer

3) Can a Purchaser in Mumbai purchase a flat from a member who is member of the Society for a period  less than a year?

Thanks and Kind Regards







m.arunprakaash (advocate)     15 February 2010

under maharashtra local laws both agreement of sale and sale deed should be registered.

If you register agreement of sale then you need not execute sale deed. only conveyance deed will be executed in favour of the society.

2. development agreement

     irrevocable power of attorney

     certificate of title

     flow of title

     sanctioned plan

commencement certificate

occupation certificate

no objection from the builder for further sale.


3. there is a restriction in the bye laws of the co-op.hsg.soc that a member cannot transfer his flat within one year of joining the said society as a member.

JaiHind2010 (Owner)     19 February 2010

    Mr Arunprakaash,

Could you please direct me to the relevant website online which states under maharashtra local laws  agreement of sale must be registered. What is the effect if it is not registered and is submitted as evidence in the court?


Thank you


m.arunprakaash (advocate)     19 February 2010

Dear Mr. Jaidev

Kindly refer MAHARASHTRA OWNERSHIP FLATS ACT 1963 with latest amendments

anand (bijapur)     10 June 2010

The Property is Situated at mumbai and the sale deed is made and the owner of the property is joint , purchaser are 3 persons, 2 of them are dead at present one is live and he mutated his sons name in that property due to the court order decree .can he sell the property 50% of his share

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register