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Manglorean Girl   01 December 2023

Sale deed and registration

Respected Sir/Madam,

 

I want to understand couple of things:

1. I recently purchased a resale flat and "Agreement for sale" was prepared and this document was stamped and registered in sub Registrar office(all payment pertaining to this i.e., 1 % stamp duty and 6 percent registration) was paid by me. 

So what about the sale deed?  My agreement has a reference of all the facility and other thing will be same as the original agreement(nothing specific is mentioned).

2. Its a huge plot and with my building already formed a society. However there is still one building which yet to be completed. So in this case when will I get conveyance deed or the share cetificate?

3. what is title deed(considering about conditions)?

 

 

 



Learning

 15 Replies

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

The agreement for sale is not a title document.

You have to insist on the seller to execute a registered sale deed on your name.

Even though you have paid the entire stamp duty towards the sale consideration amount, you need to pay the registration charges and get the document registered on your name so that you will become an absolute owner with clear and marketable title on your name.

 

Manglorean Girl   01 December 2023

Dear Sir,

 

i have paid for registrations in the registrar using Sale for Agreement

Thanks

pragagi

Sanskriti Tiwari   01 December 2023

Upon purchasing a resale flat, an "Agreement for Sale" was drawn up, stamped, and registered at the sub Registrar office. All associated payments, including the 1% stamp duty and 6% registration fees, were settled by you. I can provide an overview of your queries with reference to Indian property law.

1. Agreement for Sale vs. Sale Deed: 

 - The Agreement for Sale is a preliminary contract where the seller agrees to sell and the buyer agrees to purchase the property under certain terms and conditions. It's typically the first step before the actual transfer.- The Sale Deed is the final document that legally transfers the ownership from the seller to the buyer. It needs to be executed after fulfilling all conditions mentioned in the Agreement for Sale. The Sale Deed should be drafted, stamped, and registered to conclude the transaction.

- In your case, since the Agreement for Sale is already stamped and registered, the next step should be the execution of the Sale Deed. Ensure that the terms of the Agreement for Sale are met before proceeding.

2. Conveyance Deed and Share Certificate in a Society:
   - The Conveyance Deed is a legal document that transfers the title of the property from the builder/developer to the society formed by the residents.
   - Share Certificates represent the ownership of a specific unit or share in the society.
   - In your scenario, the conveyance deed and share certificates are typically issued once the entire construction is completed, all necessary approvals are obtained, and the society formation is finalized. The completion of the pending building might delay the issuance of the conveyance deed and share certificates for the entire society.

3. Title Deed and Its Importance:
   - The Title Deed is a legal document that establishes the ownership of the property. It contains details about the property's history, ownership, rights, and obligations.
   - Having a clear and marketable title is crucial to prove ownership and sell the property in the future. The Title Deed serves as evidence of rightful ownership.
   - Under Section 32 of the Indian Registration Act, 1908, the Title Deed needs to be registered to provide legal sanctity to the ownership claim.
   - In the absence of a clear title, it can lead to disputes and affect the marketability of the property.

It's advisable to consult a local property lawyer for specific advice and guidance tailored to your situation, as laws and procedures might vary based on the specific state in India.

1 Like

Shashi Dhara   01 December 2023

It is only agreement to sell the property after building is completed taking possession you have to press him to execute sale deed in sro.

Manglorean Girl   01 December 2023

Hello Sanskriti,

 

Thank you so much, I still have one question for the sale deed.

How will I execute sale deed? Will I have to pay stamp duty and registration fee again for this sale deed???

 

Again I have to registrar office to do so???

 

 

Thanks

P. Venu (Advocate)     01 December 2023

The facts posted suggests the document to be the conveyance deed than tha agreement for sale.

Manglorean Girl   01 December 2023

Hello Sanskriti Mam, Can you please tell me how can I execute a sale deed? My registration and stamp duty has already paid using my agreement for Sale?? Would really appreciate, If you can answer this?

Sanskriti Tiwari   01 December 2023

Yes, to execute the Sale Deed, you'll need to go through a similar process at the Registrar office. Stamp duty and registration fees are typically required for the Sale Deed as well. The amount might vary based on the property's value and the state regulations. You'll need to prepare the Sale Deed, pay the necessary stamp duty, and get it registered at the Registrar office to complete the property transfer legally. 

To execute a Sale Deed, follow these steps:

   - Engage a legal expert or a property lawyer to draft the Sale Deed. It should include all relevant details, such as property descripttion, agreed-upon terms, and conditions for the sale.

   - Check with the local Sub-Registrar office regarding the stamp duty required for the Sale Deed. You might need to pay stamp duty based on the property's value and state regulations.

   - Both the buyer and the seller need to sign the Sale Deed in the presence of at least two witnesses. This signing validates the transfer of ownership.

   - After signing, the Sale Deed must be registered at the Sub-Registrar office. This involves submitting the Sale Deed along with the necessary documents and paying the registration fees.
   
   - Once the Sale Deed is registered, the Registrar validates the transfer of ownership by endorsing it. You will receive a certified copy of the Sale Deed as proof of ownership.

Regarding the payment for stamp duty and registration fees, if these have already been paid for the Agreement for Sale, you might need to verify with the local authorities whether any additional payments are required for the Sale Deed. In some cases, the stamp duty and registration fees paid earlier might be adjusted against the amount required for the Sale Deed.

Consulting a legal expert or a property lawyer is recommended to ensure compliance with specific local regulations and procedures and to facilitate a smooth execution of the Sale Deed.

1 Like

Manglorean Girl   01 December 2023

P. Venu sir,

 

The document title os Agreement for Sale(Partially)

T. Kalaiselvan, Advocate (Advocate)     01 December 2023

If the agreement to sale was executed by a registered document by paying the stamp duty and registration charges to the entire extent of the sale consideration amount then for registering the sale deed, you need not pay the stamp duty once again, but you will be required to pay the registration charges.

The seller has to execute the sale deed and not that you can get it executed by yourself.

Dr. J C Vashista (Advocate and Legal Consultant)     02 December 2023

Sale  / Conveyance Deed is based upon the terms and conditions agreed between vendor and vendee (seller & purchaser). Agreement ot sell do not confer / transfer title (ownership) of the subject property. Title of the property is legally transferred in the name of vendee through Sale/ Conveyance Deed which is compulsoriely registrable in terms of Section 17 of the Registration Act, 1908. 

Stamp duty and registeration charges are state subject which differ in each State. Which state ( such as Punjab, Delhi, Kerala, Gujarat etc.)  the property is located where you have got the "agreement to sell" registered ?

However, as stated by you 1% of consideration as Stamp duty and 6% registeration charges paid forl registration of "Agreement to Sell" is unbelievable / not convinced, 

Manglorean Girl   02 December 2023

Respected Dr. J C Vashista,

 

I am from Mumbai. My Agreements Subject Line is Agreement for Sale. I purchased a propery worth 99 Lakh. So 1 percent regsitraction and 6 percent stamp duty, I paid.

My agreement has terms as below : 

The Seller/s will give the possession of the said Flat to the purchaser after recciving balance payment i.e. full and final payment.
The Seller/s hereby declare that till today they have not sold, morlgaged, gifted or otherwise parted, with possession of the said Flat, nor had been entered into any such agreement to any other party. The Seller/s hereby agree to co-operate for transferring the above said property in the name of Purchaser/s in the office of Grampanchayl, M.S.E.D.C.L. and any other concerned Department.

 

attaching couple more in photo format

 

 

 

 


Attached File : 1000900 20231202084616 agreement content.jpg downloaded: 42 times

LCI Thought Leader Sulakshana Survase   02 December 2023

Upon purchasing a resale flat, an "Agreement for Sale" was drawn up, stamped, and registered at the sub Registrar office. All associated payments, including the 1% stamp duty and 6% registration fees, were settled by you. I can provide an overview of your queries with reference to Indian property law.

1. Agreement for Sale vs. Sale Deed:-

  • The Agreement for Sale is a preliminary contract where the seller agrees to sell and the buyer agrees to purchase the property under certain terms and conditions. It's typically the first step before the actual transfer.
  • The Sale Deed is the final document that legally transfers the ownership from the seller to the buyer. It needs to be executed after fulfilling all conditions mentioned in the Agreement for Sale. The Sale Deed should be drafted, stamped, and registered to conclude the transaction.
  • In your case, since the Agreement for Sale is already stamped and registered, the next step should be the execution of the Sale Deed. Ensure that the terms of the Agreement for Sale are met before proceeding.

2. Conveyance Deed and Share Certificate in a Society:

  • The Conveyance Deed is a legal document that transfers the title of the property from the builder/developer to the society formed by the residents.
  • Share Certificates represent the ownership of a specific unit or share in the society.
  • In your scenario, the conveyance deed and share certificates are typically issued once the entire construction is completed, all necessary approvals are obtained, and the society formation is finalized. The completion of the pending building might delay the issuance of the conveyance deed and share certificates for the entire society.

3. Title Deed and Its Importance:-

  • The Title Deed is a legal document that establishes the ownership of the property. It contains details about the property's history, ownership, rights, and obligations.
  • Having a clear and marketable title is crucial to prove ownership and sell the property in the future. The Title Deed serves as evidence of rightful ownership.
  • Under Section 32 of the Indian Registration Act, 1908, the Title Deed needs to be registered to provide legal sanctity to the ownership claim.
  • In the absence of a clear title, it can lead to disputes and affect the marketability of the property. It's advisable to consult a local property lawyer for specific advice and guidance tailored to your situation, as laws and procedures might vary based on the specific state in India.

Mudassar Hameed   02 December 2023

I recently went through the process of sale deed and registration for my property, and I must say it was a smooth and efficient experience. The professionals involved were highly knowledgeable and guided me through every step, making the entire process hassle-free. I appreciate the transparency and professionalism exhibited during the registration process. For anyone looking for a reliable and seamless sale deed and registration service, I highly recommend. They exceeded my expectations, and I'm now a happy and satisfied customer!


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