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Mohammed Altaf Uddin Khan (Student)     28 December 2012

what is agreement of sale and sale deed

What is agreement of sale and sale deed like i want to know validity of agreement of sale and if the purchaser paid the full consideration, then we are not entitle in our land? Or can we do another agreement of sale to another person if purchaser didn't give after the full consideration and what is the procedure to cancel the agreement of sale and need to know the sale deed and its powers


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Advocate Vishnu (Advocate)     28 December 2012

An instrument of an agreement of sale is very different from a sale deed.

If the purchaser has paid the full consideration and the if the deed contains a specific time period by which it must be converted into a sale deed  and if the purchaser has failed to come before the registrar office to complete the sale, the owners can set aside the sale agreement by cancelling the agreement as being time barred and they may return the sale consideration. This is perfectly legal.

However, if there is no such clause, the sellers can send a legal notice , requesting the purchaser to come before the registrar office for converting the agreement into a sale deed. Upon the purchaser not responding to this notice, the sellers can canel the sale agreement and may return the sale consideration to the purchaser.


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