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(Guest)

Selling a property in tamilnadu....sale agreement

hello,
i am selling a property in tamilnadu..
the buyer is asking for 3 months time for a full settlement.after the initial sale agreement is made...
i heard this is normal.
but what sort of a clause do i need to include in the sale agreement.if the buyer is not able to do the full settlement in 3 months.
this is my first time into a property selling transaction..so need some great advise..also..
1.is the sale agreement need to be registered?

please clarify.


 



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 5 Replies

swarnam J Rajagopalan (Advocate)     11 August 2014

All agreements of sale have to be mandatorily registered as per the recent change of law in tamilnadu. Pls contact me for the standard format used for agreement of sale. Contact @ sjrajagopal@gmail.com

K.K.Ganguly (Advocate)     11 August 2014

1. Normally while entering in to sale agreement some amount of advance is taken and  the said advance or a portion of it is forfieted in case the balance payment is not received from the proposed buyer,

 

2. Since you are not taking any advance, you should include a clause that if the buyer fails to pay the agreed amount with in the closing of business of the day after 3 months from the date of execution of the agreement, the  agreement will automatically become invalid and unenforceable for which no seperate notice is needed to be issued by either party.

T. Kalaiselvan, Advocate (Advocate)     13 August 2014

In case any amount received as advance towards the sale consideration amount, a fore forfeiture clause will be inserted in the registered sale agreement.  If no advance is received, only a sale agreement is made, it will be invalid in law if it is not registered and if registered, termination clause may be inserted, i.e., if the prospective purchaser is not ready for getting the sale deed executed at his cost by paying the full sale consideration amount to the vendor, the agreement shall stand cancelled automatically.  A licenced the document writer knows the contents to be recited in the sale agreement or consult a local lawyer for more advises.

reejas (advocate)     05 October 2014

what will be the consequences of no registration of sale agreement  at the time of legal action.

K.R.S.JANAKIRAMAN (Officer)     05 October 2014

Include the line "Time is of the essence".


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