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Prashanth Anand (Ass CA)     24 August 2017

Your help needed. Agreement to sell

Hello Experts,

I've been alloted a property by BDA. The said allotment prescribes that the property alloted shall be a "Lease cum Sale deed". The lease period is for 10 years. I understand that the allottee will be able to transfer the said property only after expiry of 10 years of lease period.

Can the allottee enter an "Agreement to sell" or something like "gift deed" to transfer the property after lapse of lease period, during the lease period?

I guess that during the 10 years of lease, the allottee will not be having Title over the property. As he will be getting Title and right over the property after 10 years of lease, can Agreement to Sell be entered into now itself?

Thanks for your time


 8 Replies

Advocate Bhartesh goyal (advocate)     24 August 2017

You can execute sale agreement but can't registered in the office of sub registrar before expiry of ten years.
1 Like

Prashanth Anand (Ass CA)     24 August 2017

If I can't register in the Reg office, then such Agreement to sell can be enforceable legally..??

Siddharth Srivastava (Advocate)     24 August 2017

Your conception is wrong. In such case the lessee remains the owner and the ultimate is Sale. If the lease deed restrict the lessee from selling the property within 10 years then only the restriction shall prevail otherwise you have the power to sell and to gift the property etc. Lease deed is required to be examined to render any advise.

1 Like

Siddharth Srivastava (Advocate)     24 August 2017

Your conception is wrong. In such case the lessee remains the owner and the ultimate is Sale. If the lease deed restrict the lessee from selling the property within 10 years then only the restriction shall prevail otherwise you have the power to sell and to gift the property etc. Lease deed is required to be examined to render any advise.

Prashanth Anand (Ass CA)     24 August 2017

That's the thing. I'm unable to sell/gift the property within 10 years. I need to make it on paper that after 10 years the said property will be sold to my friend only.

So, can i enter into an agreement to sell with my friend so that after 10 years the property should be transferred to my friend..??

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 August 2017

No. you cannot. since the title deed is not on your name. Since you do not have title rights on the property, you cannot make any agreement. 

Lahul Hazorica (LAWYER / PRIVATE INVESTIGATOR/ DATA ANNALIST)     24 August 2017

I respectfully agree with Sri Rama chary ..

Prashanth Anand (Ass CA)     24 August 2017

Thanks for your valuable reply.

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