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Jyothikaa (NA)     08 March 2013

Sale agreement - seller wants it by courier

Dear All,

 

I am entering a sale agreement. However the seller is telling at the last moment to send it by courier, he will sign and send it back by courier. sale agreement amount to be paid by cheque.

Will such a sale agreement stand in the court of law if things go wrong ? in my case both seller & his witness are in different city and I and my witness are in a different city. 

I am thinking of sending it by registered post and mention the details in the agreement as well. Is it safe to do it this way ?

Kindly advise, also share any legal alternatives.

 

Thanks,

Jyothika

 



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 7 Replies

arunachala (lawyer)     08 March 2013

madame, It is the right way to get the agreement signed infront of U to avoid complications and first get all the parties to assemble at one place and sign the agreement

Rajendra Shrivastava (advocate)     08 March 2013

no' it is not legal at all.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 March 2013

 

the property title is important.

This should be transferred to the buyer when the seller has got in hand the amount agreed on. The transfer is the last step in the whole process of buying the property. The property will have to be registered in the buyer’s name by the seller at the local registrar office.

dr g balakrishnan (advocate/counsel supreme court)     08 March 2013

No please.Both parties need to meet and both need to be basically secure both are genuineparties. secondly how you are sure you are signing with the right owner. besides both of you need to sign before registration authorities in person as registrar office needs to take snaps of both of you at the time of signing the documents. Inadition, you need to deduct TDS of 20% or 30% of the sale declared value and that should be remitted by you as a buyer to the Income tax against sellers Pan number, as that is mandatory obligation. Else income tax may punce on you as tax wants moneys now due to high govt deficit. if you fail you will have to pay that TDS yourself. understand the obligations then you have to take your own decisions. 

firther buying the property you need to get encumberance free certificate from relevant tehsildar office or registration ffice per the state law concerned and should see wheter the man claiming is te genuine owner and all that. Onus is on you ..

buying and selling of properties is juct on a fun but very high responsibilities showed on both of you.

If the seller buys a [roperty within the time limit prescribed under capital gains then he can file his ROI in the relevant AY and claim refund against TDS YOU paid from the sellers moneys if not then seller gets credit of having paid capital gains tax.. regards... dr g.balakrishnan advocate (OS) Bombay high court

Balaji Bakthavathsal (+919444448455)     08 March 2013

What if the seller tomorrow denies that it s not his/her signature ? It is as simple as that.

Balaji

Jyothikaa (NA)     09 March 2013

Dear All,

Thanks for your response. I have met the seller in person once and paid token advance to collect the property documents. 

Seller has stated that he can sign Pan Card Photo Copy, Duly sign the Courier Receipt upon receiving the "Agreement to Sell". Also I have mentioned the courier tracking number in the agreement. After signing the "Agreement to Sell" the seller will courier back to me the documents and also signed Pan Card Copy. I am also taking email confirmation from the seller stating that he has signed the "Agreement to Sell".

The sale agreement amount is being paid by acct payee crossed cheque and details are mentioned in the sale agreement as well. 

Remaning amount will be paid on the day of registration of the property, after executing a registered sale deed in the sub registrar office.

Is this not fail safe ? Kindly share your thoughts.

Regds,

Jyothika

Jyothikaa (NA)     09 March 2013

Dear Dr G. Balakrishnan

I as buyer will be paying property registration charges as stipulated by the government in the subregistrar's office on the day of property registration. I am unable to understand TDS while buying property. 

Example: Let us say that the property price is Rs 40 lakhs. I will pay property registration charges of let us say about Rs 4 lakhs at the sub registrar's office. Will I have to pay TDS on top of Rs 40 Lakhs again ? Can you kindly direct me to a link where I can get more information regarding this ? This will be very helpful of you.

Thank you

Jyothika


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