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achyuth (engineer)     27 October 2011

Sale deed info --urgent

Respected sir,

Iam planningto buy a flat in chennai ...I registration is planned based on the UDS value

I have a question related to the "deed of sale witnesseth"

i have paid  some initial amount and for the rest iam taking a loan from bank.. the bank has provided cheque amount a bit more than the UDS value since the initial construction at the site has started

query:

1. Is it necessary to mention the initial amount and cheque details paid  by me to be mentioned  in the sale deed

2. is it necessary to mention the cheque details and the amount paid by bank to be mentioned in the sale deed

3. if the cheque and amount details paid by bank is to be mentioned in the sale deed , in my case would it cause any complications since the amount sanctioned in the cheque is bit more than the UDS value and iam registering it for the UDS value alone

or should i ask the bank to  issue two different cheques one for the exact uds amount and the other  for the work done at the site ?

Request your advice on this regard

thanks

achu

 



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2011

It is not necessary to mention the details of the payment in the sale deed.  But it be added also.

1 Like

Pranav S. Thakkar (advocate)     27 October 2011

My openion is that, u r to mention terms of transection. Even u r to mention ur mode of payment what u doing. Even u r to mention how u will make rest of payment. But u need to check ur sceme by which u purchase a property.
1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     27 October 2011

In Sale Deed, you have to mention descripttion of Property and consideration value. 

In case you paid any amount before Sale Deed, u mention it. 

U do not have to mention the amt of Loan u are obtaining, or who pay for it. Bank is a Third Party, that come in picture only after you execute and register the Sale Deed, under the circumstances, let the Sale Deed remain silent of any bank loan. Foe Example, in case u receive fund from rlatives or frienda and change ur idea of Bank Loan, and u do not need the same. 

 

So, it is necessary to mention the initial amount and cheque details paid  by u to be mentioned  in the sale deed

it is NOT necessary to mention the cheque details and the amount paid by bank to be mentioned in the sale deed, UNLESS IT IS DIRECTLY PAID BY BANK TO BUILDER PRIOR TO REGISTRATION OF SALE DEED.

1 Like

Sathish Pillai (senior Officer)     27 October 2011

Sir 

Regarding UDS registration i'm not getting it right on one issue. In the schedule of the property for eg., plot no 94, 7th cross st., gandhi nagar, adambakkam,, chennai-88. with neatly mentioned survey no. XXXX. measuring an exten 2400 sq.ft  And

Schedule -B :- 710 sq.ft UDS of 2400 in land.---- The above only registration of SALE DEED done. 

HERE, flat is under construction. EVEN though Deposit of title deeds after regsitration of sale deed done.

My question is WHY, the flat boundaries is could be inculded. in schedule C. to give more clarity.

shathish

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 October 2011

Dear achyuth

follow the above said opinion

1 Like

purna (Arch)     30 September 2012

Hi,

My agreement amount is 29L and now builder asking a sale deed for 11L. Even I got a loan from LIC for 24L also.

pls. let me know the risk if I will go with this.

 

Thanks in Advance.


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