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hari_om (CONSULTANT)     08 September 2011

Sale deed wording

In absolute sale deed can this wording (in bold) be writte "....... ... ... ..scheduled property TO HOLD, TO POSSESS, TO ENJOY the same forever or TO SALE IT FURTHER, free from all encumbrances, charges, all kinds of mortgage, agreement to sell, court litigation's and any other statutory charges and set over the vacant possession of the scheduled “B” property to the PURCHASER as absolute owner from hereon and forever."


i.e. can " or TO SALE IT FURTHER" be written? is it legally right ??

Thanks



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 4 Replies

SANJAY SHARMA (ADVOCATE IN CHARGE)     09 September 2011

dear these are only conditions and showing wording for further transfer in bold is not any worryfull word, and it is not a seller's legal right.

 

there is not any provision that it is necessary to wrtie down conditions like this according to property transffer act.

 

regards

SANJAY SHARMA

ADVOCATE

SONI KARTIK (Lawyer)     11 September 2011

Dear,It just assures to the purchaser  that the purchaser can enjoy all the rights  wth the property which is going to puchase.

hari_om (CONSULTANT)     14 September 2011

Thanks for reply Sanjay.

However it is not necessary to write down these conditions, but If these are written can there be any problem ??

All in all I just want to clarify whether this compelte paragraph is OK or not :(        can there be any legal issues??

hari_om (CONSULTANT)     14 September 2011

Thank you Soni.

What I got from your comment is that This wording is  correct , however it is not necessary to write it in Sale Deed. Could you please cofirm.


 


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