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JaiHind2010 (Owner)     27 February 2011

Whose responsibility to make Sale Deed?

Agreement does not state who will prepare and finalise Sale/Transfer Deed.

If buyer sues for specific performance, should he have prepared draft Sale Deed and send to Seller for approval, then prepare final deed and ask Seller to execute? Suppose he did not do any of this step  will it be construed as buyer was not ready?

How can the buyer to prove he is ready and willing? 


 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 February 2011

in absence of recital as to the preparation of deed, if purchased is eready and willing, he can come with sale deed.

Ready and willingness can be proved by the party making sale deed.


if you have no such class in agreement, the buyer must be ready and willing to perform his part.  The expenses for the preparation of sale deed is only with buyer.  all the incidental expenses to be beared by the purchaser and also stamp paper charges.

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