You are on page 1of 33

 News

 Articles
 Acts
 Judgments
 Formats
 FAQs
 Directory
 Helpline
 More

 / Corporate & Commercial Law / Legal Articles / CONVEYANCING OF SALE DEED


AND ITS REQUIREMENTS
Corporate & Commercial Law Legal Articles

CONVEYANCING OF SALE DEED AND ITS


REQUIREMENTS
July 8, 2011 / July 18, 2011 by Dhawesh Pahuja |  68 Commentson CONVEYANCING OF SALE DEED AND ITS
REQUIREMENTS

Conveyancing has been practiced as a


fine art in England by a class of trained lawyers who have specialized as conveyancers
after an intensive study of the law relating to contracts and real property. Though the
term conveyancing used by most of the England Lawyers for drafting the documents
of their clients but as the years rolled by Conveyancing got its own importance even
in India too. In Modern India Draftsman plays an important role while drafting any
legal documents or deeds and he can do so if he is high qualified in the field of law
so draftsman must keep in mind all the legal principles before preparing any legal
documents or deeds.

The word ‘CONVEYANCING’ means lend transfer inter-vivos i.e. two living persons.


Conveyancing is an art of drafting deeds and legal documents whereby any right,
title or interest in tangible immovable property is transferred from one person to
another. Conveyancing is not just an ordinary art but it is thoroughly based on legal
knowledge and principles evolved over years. The term conveyancing is restricted to
deeds and documents concerned with the transfer of property whereas drafting
carries a general meaning that of preparing any legal documents or deeds or any
other business oriented documents.

The word ‘SALE’ defined under Section 54 of “The Transfer of Property Act,


1882” is a transfer of ownership in exchange of price paid or promised or part-paid
and part-promised. It means absolute transfer of tangible immovable property by the
vendor to the purchaser by entering into a contract for sale wherein both the parties
will settle the terms and conditions of transfer. Such transfer can be done through
the registered document and thus delivery of the property can be by handing over
the actual possession of the immovable property by the vendor to the purchaser or
the person legally authorised by him. In a sale of tangible immovable property an
Encumbrance Certificate will be passed to the purchaser by the vendor whereby all
the statutory rights i.e. easementry rights, beneficiary rights, actionable claims as well
as vested interest in the immovable property will be transferred in-toto.

Before explaining the term ‘Sale Deed’ let me define ‘Agreement To Sell’ which
proceeds ‘SALE DEED’ and it protects the interest of both buyer and seller. An
agreement to sell is a legal written document on which the conveyance deed is
drafted under which both the parties will settle certain terms and conditions i.e. seller
will be intending to transfer/sale the property and buyer will be intending to
purchase it. An agreement to sell has to be executed by the seller and the buyer on a
non-judicial stamp paper and the same has to be duly signed by both the parties. It
has got legal value and if necessary can be produced as evidence in a court of law.
An agreement is a pre-requirement for the sale of an immovable property where in
the buyer will pay to seller some token amount as advance and seller must issue
receipt for the amount received as token amount. While entering into an agreement
to sell, the seller should mandatorily state all the material defects in the property as
well as in the title and it is the right and duty of the buyer to investigate the title
before buying the property. There should not be any Lis- Pendens i.e. pendency of
suit in a court of law regarding the property in sale. Lastly the agreement to sell must
contain all the terms and conditions which are necessary for transaction of a valid
sale of an immovable property.

The word ‘SALE DEED’ otherwise called as ‘Conveyance Deed’ is a legal written


document executed by the vendor and the purchaser which evidences the sale and
transfer of ownership of the tangible immovable property. A sale deed is governed
by ‘The Registration Act, 1908’ and is an important document for both the buyer or
the transferee and the seller or the transferor. A sale deed is executed after the
execution of the agreement to sell, and after compliance of various terms and
conditions between the seller and the purchaser mutually. A sale deed is the main
document which gives details of how the seller got the property, at what
consideration the seller is selling the property and assurance to the purchaser that
the property is free from any encumbrances, liabilities or indemnity clauses. A sale
deed acts as a essential document for the further sale of the property by the
purchaser as it establishes the proof of ownership of property.

Requirements of Sale Deed:

A sale deed is one of the most valuable legal documents in a purchase or sale of a
property. A sale deed is drafted by legal draftsman on a non-judicial stamp paper of
the requisite value as prescribed by stamp act of the particular state concerned. A
draftsman must include certain clauses while preparing the construction of the sale
deed which are as follows:

 Name of the deed: It is the parties who have to decide that which deed has
to be prepared e.g. THIS DEED OF SALE or THIS DEED OF MORTGAGE or THIS
DEED OF LEASE etc. and based on which there will be transfer of ownership of
immovable property.
 Parties to sale deed: An absolute sale deed must contain the names, age and
respective addresses of parties to the transaction and both the parties i.e. seller
and buyer must be competent to enter into a contract so that it will not affect
the validity of the valid sale. It is very much important that the sale deed is duly
signed and executed by both the parties with their bona-fide intention. A valid
sale deed must start with clear description of the parties.
 Description of the property sold: A valid sale deed must contain full
description of the property which is the subject matter of sale. It must include
identification number, total plot area, construction details as well as its location
with its surrounding areas. A schedule of the property must be included in the
sale deed which will define the exact location where the property is actually
situated.
 Agreement for sale: An agreement for sale is the main requirement of the
drafting of the valid sale deed and both the parties must mutually settle the
terms and conditions of the agreement so that it will not affect the rights of the
parties. A sale deed always precedes agreement to sell.
 Sale consideration clause: A sale deed must include the clause stating the
sale consideration/amount as agreed between the seller and the buyer which
has to be paid by the buyer to the seller on the execution of sale deed. A sale
amount should be clearly stated in sale deed as agreed in the agreement to sell
so that there should not be any onus on the parties to the transaction.
 Advance payment if any: If there is any transaction of token amount paid by
the buyer to the seller then it has to be clearly mentioned in the sale deed, and
how much is the remaining balance to be paid on the execution of the sale
deed.
 Mode of payment: It is always the buyer who has to decide that how he is
going to pay the sale consideration amount whether by Cash /Cheque/ Demand
Draft and the same has to be agreed by the seller.
 Passing of the title: A sale deed should contain the clause when the original
title of the property to be passed to the purchaser. A time limit should be given
to the seller for the transfer of the title. Once the title of the immovable property
is transferred, all the rights will pass to the purchaser.
 Delivery of the possession: The possession of the immovable property will
be transferred to the purchaser by the vendor once the registration process is
completed. A clause in the sale deed must state when there will be actual
delivery of the possession.
 Indemnity provision if any: A seller must clear all the statutory charges i.e.
property tax, electricity charges, water bills, cess, society charges, maintenance
charges and all other charges relating to the property before the execution of
the sale deed. In case there is any encumbrance on the property, the seller
needs to repay the loan amount and get the property papers cleared of the
encumbrance. It is the duty of the buyer to verify the encumbrance status from
the office of the registrar.
 Execution: Once the Sale Deed is prepared all the parties to the deed shall
execute it by affixing their thumb impression or full signature. Each page should
be signed by the seller and buyer. Any alteration, addition or deletion is to be
authenticated by full signature of the parties. Execution of the sale deed requires
to be witnessed by two witnesses. The witnesses shall give their full particulars
and addresses.
 Registration: According to Section: 17 of ‘The Registration Act, 1908’, the
registration of a tangible immovable property is compulsory if the value of the
respective property exceeds rupees 100/- and it is the registration of the
property which makes the sale valid. For getting the registration done both the
parties must be present before the jurisdictional sub-registrar office with the
original documents within four months from the date of execution. A stamp
duty has to be paid by the purchaser to the sub-registrar for getting the
registration done. A certified copy of the registration document to be obtained
for the future reference.
 Testatum: Once all the terms and conditions have been settled between both
the parties, a sale deed is prepared. The executed sale deed should be witnessed
by at least two witnesses one from seller side and one from buyer side, giving
their full names, addresses and signatures.
 Original documents: Once the property gets registered under the
registration act all the original documents of the sold property to be hand over
by the seller to the purchaser. All the statutory rights along with ownership,
possession, title, interest will get vested in favour of the purchaser.
 Default clause: An agreement for sale of immovable property should include
the clause stating if there is any default by the vendor or the purchaser then the
party who rescinds the contract need to pay damages to the other party for the
breach of contract so that it will not affect to the execution of the sale deed.

Since drafting of sale deed requires abundant caution and presence of mind with
sufficient knowledge of property and other allied laws, it would be better if services
of advocates who have vast experience in property transactions are utilized to avoid
unexpected and uncalled for litigations which may arise in a poorly drafted sale deed.

Share this:

 Click to share on WhatsApp (Opens in new window)


 Click to share on Facebook (Opens in new window)
 Click to share on Twitter (Opens in new window)
 Click to share on LinkedIn (Opens in new window)
 Click to share on Pinterest (Opens in new window)
 Click to share on Reddit (Opens in new window)
 Click to share on Tumblr (Opens in new window)
 Click to share on Skype (Opens in new window)
 Click to email this to a friend (Opens in new window)
 Click to print (Opens in new window)

Like this:

Related

Power of Attorney : A Review


July 20, 2011
In "Legal Articles"

Fate of simultaneous agreements to sale.


What is agreement to sale ? An agreement to sale always precedes the process of actual
execution of the sale deed. An agreement to sale is a very important stage of the whole process.
An agreement to sell is an important document in the process of sale and purchase of…
December 8, 2017
In "Legal Articles"

Format of Affidavit for Property Declaration


April 2, 2016
In "Format of Legal Documents Drafting"

Tagged CONVEYANCING SALE DEED

 Optimal Balance of Financial Instruments: Long-Term Management, Market


Volatility & Proposed Changes
 LGBT rights interpreted by Judiciary “Lesbian, Gay, Bisexual, and Transgender”

68 Comments on “CONVEYANCING OF SALE DEED AND


ITS REQUIREMENTS”

BALA KRISHNA SHASTRY

November 22, 2016 at 5:06 pm

‘A’ sold his property to ‘B’ by executing a registered sale deed for Rs. 5 lacs. The
recital of sale deed says that the delivery of property was transferred from ‘A’ to
‘B’. later on the same day itself both ‘A’ and ‘B’ entered into an agreement
containing Rs.100/- value stamp paper. in the said agreement both ‘A’ and’B’
stated jointly that on the date of execution of the above said sale deed ‘B’
advanced an amount of Rs. 10 lacs to ‘A’ for his family expenses, ‘A’ there by
undertakes to pay the said amount along with interest at the rate of 24% per
annum to ‘B’ within 2 years from the date of said sale deed till then both ‘A’ and
‘B’ agreed that ‘A’ can retain possession over the above mentioned property.
further there is a stipulation in the agreement that if ‘A’ fails to pay the entire
debt amount to ‘B’ within 2 years from then onward then ‘B’ can take over the
possession over the said property. But ‘A’ paid interest only for 2 years but not
paid the principle amount. How we can style the agreement between ‘A’ and ‘B’
on 100/- rupee stamp paper. whether such agreement can be a compulsory
registerable document under Registration Act. Whether the said agreement
bears sufficient stamp duty?

Reply

Kuldeep kumar

May 30, 2016 at 9:19 pm

Hi im kuldeep from ludhiana. Kindly assist to me in a sale deed family witness is


aunthentic in both of side between saler and buyer. No transaction was done
even a single peny amount. And witness is pertaing to family without mention
address and any type of identity. Now the matter is under civil court. But
respected sir i need to help and support for convey me to better guide.

Reply

DInesh Bajaj

April 13, 2016 at 7:13 am

i purachse a land and done a sale agreement with owner and make full payment
to owner .now i want to sell this land to other party.but i want to done sale deed
of land directly from first first owner

Reply

Rajesh Agrawal

March 20, 2016 at 5:35 am

Please let me know about the legal status of a sale deed if it is signed by the
seller only and there is no signature of the buyer anywhere. Is it a valid sale
deed.

Reply

JAGDISH CHAND

February 19, 2016 at 10:28 am

A pABC company was dfuly informed/sought permission to transfer the right of


ownership to B and in reply ABC Co. confirmed having transferred the flat in the
name of B and also assure to get it registered in the office of Registrar. KINDLY
LET ME KNOW AS TO WHETHER THERE WILL BE ANY REFERENCE OF iST
ALLOTTEE I.E. A BECAUSE HE HAS RECEIVED THE CONSIDERATION AMOUNT.
PLEASE GUIDE.

Reply

Nageshwar rao

February 15, 2016 at 7:24 am

If

Reply

Nageshwar rao

February 15, 2016 at 7:22 am

Vender have signed only last page of the sale agreement where schedule of
property lies can this agreement valuable

Reply

Anil

February 10, 2016 at 10:22 am

If Agreement of Sale has been completed but the papers are not available either
misplaced or lost can ‘sale deed’ still be completed and stamp duty paid.

Reply

Nageshwar rao

February 15, 2016 at 7:18 am

Anil Adv

Reply

Vijaykumar

February 5, 2016 at 6:37 am


If I enter into Agreement for Sale and if all the conditions of the agreement are
fulfilled, whether such agreement would be construed as “Sale Deed’ or a
separate Sale Deed is to be executed to convey the title.

Reply

Suvabrata Roy

January 23, 2016 at 6:10 pm

I don’t agree with the some views expressed in this article. It is true that a sale
deed always precedes agreement for sale but the agreement for sale need not
always be in writing for oral agreement for sale between the parties is equally
valid in the eyes of law. Moreover, in India it is not mandatory that a buyer
should execute a sale deed. Please don’t provide incorrect information to the
readers.

Reply

Ajit dash

September 17, 2015 at 7:51 am

Is a conveyance deed valid if it is executed on a 100 rs stamp paper and rest


duty is paid through online

Reply

Suvabrata Roy

January 23, 2016 at 6:25 pm

yes
Reply

Murali

September 15, 2015 at 3:40 pm

I have purchased a farm land and registration is complete. But there is


dependency in schedule of property and survey report ( by govt surveyor ). Can I
claim the damage from seller now?.

Reply

Suvabrata Roy

January 23, 2016 at 6:19 pm

Please elaborate.There is no such term like Dependency in property laws.

Reply

N. Poovalingam

September 7, 2015 at 6:57 am

I have a problem of delay in registering an additional bedroom bought from the


promoter of my apartment. I bought a double bedroom flat through bank loan.
As the apartment was under construction at that time, the double bedroom flat
was purchased through a “sale agreement” and hence the bank sanctioned the
loan in periodical instalments. However, before the construction was completed,
we found the possibility of annexing another bed-room from the adjacent flat
and approached the Promoters. The promoters, to our surprise, agreed to join
the third bedroom, and declared that they would be able to sell the adjacent flat
as a single bedroom one since there are prospective buyers for a single
bedroom flat also. The price quoted for the extra, third bedroom for our flat,
quoted by the promoters was paid by us and we got the room annexted.
Fearing the complications involved in modifying the “sale deed” submitted to
the bank, we decided to execute the registration of the additional bedroom (or
the modification in the registration already executed) after the completion of the
payment of all the EMIs to the bank.
We have been paying the yearly house tax which was determined by measuring
the house and was fixed including the third bedroom.
Now, my question is, what legal issues we may encounter in modifying the sale
deed after fifteen years and how can they be resolved?

Reply

ALISHA kapoor

August 22, 2015 at 1:34 am

I purchased my flat in 1990. I have deed of possession, paid stamp duty and all
other required documents. But due to some reason saledeed was not done .
Now is it tat for doing saledeed we need to pay current stamp duty amount??

Reply

Suvabrata Roy

January 23, 2016 at 6:14 pm

There is nothing like deed of possession in India but if sale deed has not
yet been registered and you are intending to register it now then stamp
duty at the rate prevailing on the date of registration will be required to
be paid by the buyer.

Reply

ALFRED SINDATO Advocate based in Tanzania

December 18, 2014 at 2:47 pm

Can witness to a sale agreement be sued?

Reply

Aditya Shrikant Gondkar

October 31, 2014 at 7:42 am

My problem is, i have purchase Flat from 2 nd owner and i have applied to Bank
for Mortgage loan and submitt all documments to Finance Co. but they notice
that there is no Orignal copy of Deed of Appartment between the 1 st Flat
owner and Builder. now i want to know if Loss the same, what is provision or
subsequent document to getting the Mortgage Loan from the Finance
Company/Bank.
Please suggest or your opinion so i can fight with them legaly with your reply..

thanks a lot..

Reply

Suvabrata Roy

January 23, 2016 at 6:17 pm

Get a certified copy of the previous sale deed from the office of the
Registrar of Assurances within whose jurisdiction the property is situated.

Reply

Plots in Mysore

September 3, 2014 at 4:50 pm

Smilee Views has all facilities such as tourist spots, colleges, schools, hospitals
etc. in close vicinity. The lush green parks, convenient senior citizen park, well-
equipped children’s play area makes your home at Smilee Views the choicest
one Like Villa in Mysore, Plots at Mahadevapura Road Mysore, Properties in
Mysore, Plots in Mysore, India.

Reply

prashant h

May 13, 2014 at 10:17 pm

Deed of Apartment has been executed and registered, however, post


registration, it was observed that in payment schedule, there was mismatch in
payment of consideration in figures and words (typographical error) and also it
was mentioned that the balance will be paid by financial institute. Does this
become a agreement to sale or sale deed. The seller has acknowledge the
payment vide separate receipt,

Is it necessary to execute a correction deed

Reply

Madhusudhan

January 29, 2014 at 10:30 pm

Hi Mr. Dhawesh,
While trying to sell an old property that we own in Bangalore, which was
purchased in 1995, I noticed that the Seller has omitted to put his signature on
one of the pages. The deed runs to five pages and all signatures are present in
appropriate places everywhere else. The registrar’s seals and advocate’s stamps
are present and the serial number of the deed has been stamped in all pages,
numbered in correct sequence. All witness signatures and other dates are all
proper.

Today, I have been told that the validity of the deed is questionable despite all
the above features being correct, just because of one signature being missed, by
oversight of all parties involved, including the Registrar’s office that executed
the Sale Deed..!!!! No one had noticed it.

The Seller is no longer available and is untraceable, due to which a Rectification


deed cannot be provided.

In your expert opinion, does this omission make the deed invalid or illegal. What
is the value of all the other seals and stamps that are appropriately placed in the
full document, including on the said page?

Would appreciate your opinion / advice.

Thank you and regards

Madhusudhan

Reply

Virendra Kumar

September 3, 2014 at 7:47 am

No effect on validity of sale deed , it is valid . only one question may be


arises that the contents of that unsigned page but unavailability of seller
it is unchallengeable . the seller signed in deed as well as registration
office to execute the deed is sufficient .

Reply

Mpk Murthy

January 24, 2014 at 1:07 pm

In order to make garage rectangle as a GPA holder my father purchased small


piece of land measuring 1 ft by 16 ft (16 Sqft) from my neighbor in Koramangala
Bangalore. Now I found that the sale is not registered. I want register it now.
The current land value is 30 times more.
How can I register the purchase.

Thanks
Murthy

Reply

Indrani Banerjee

December 22, 2013 at 11:34 am

Sir, I would like to know that while making a deed on advance payment, exactly
how is the vendor or the buyer indemnified by the other if the other fails to
fulfill the contract by the deadline agreed upon by both the parties & how is it
so mentioned in the advance contract made.

Reply

preeti verma

December 2, 2013 at 5:53 pm

our partners want to purchase a land for construction , for which we have to pay
token amount . so we want a format which includes all the details of payment
and the safer side norms for us because we r buyer..and all the required names
of the documents which is needed to purchase a land in raigad dist (neral
-matheran)..

Reply

Deep

November 2, 2013 at 1:37 am

The sites adjoining my sites have been mentioned wrongly and hence I need a
rectification deed. I need to understand more and execute this. Pls help or call
me

Reply

Sandeep

October 7, 2013 at 5:10 pm

how to rectify wrongly typed date in conveyance date. eg the conveyance deed
says 5th oct but the registrar offfce has executed it on 4th oct…how to get this
solved?

Reply

manasa

September 14, 2013 at 2:33 pm

sale deed is executed by my husband to his friend.but my husband didnt give


possession to his friend.he didnt even take possession from my husband from 2
years.all revenue records are in the name of my husband.we are paying even tax
for said land.is their any chance to take return our land?
Reply

Ravi

September 11, 2013 at 4:54 pm

I have Purchased a Shop in Shopping Mall,last three year back,when i asked


Possession letter to builder they are giving maintenance agreement and saying
it is a possession letter ,is it ok, please help me.

Reply

mishra

September 11, 2013 at 5:44 am

I have entered in a sale deed for sale of my property one year avow the sale was
to be finalsed in six months now after one year also the buyer is not buying the
property nor is he letting me sell it to third party. What options do I have

Reply

Prashanth Raghavendra

September 3, 2013 at 11:42 pm

Rangeet Raj Mitra – Was your query dated 20May13 answered? I have the same
query regarding a property in Bangalore registered in the year 2001. Would
appreciate if you can share information. Thank you.

Reply

Amit Ghosh

July 31, 2013 at 11:23 am

Sir/Madam,

I recently done a sale agreement with the developer & all the building related
docs submitted to the bank for the loan process.Now bank is asking for to do
the registration @6% on the mentioned property value before the 1st
disbursement to the developer.Is it compulsory to make the registration before
start the loan amount or is there any rules at bank?.Is this right way to make the
partly registration ?

Reply

vasanthi

July 6, 2013 at 4:55 pm

Hi sir,

We purchased a house in India,planning to register it on the names of my


husband & me.Only my husband presence is enough for the registration/i
should also go for registration.
please advise me is there any option to do registration with out me on my
name.

Reply

Ron Basset

July 1, 2013 at 8:13 am


I represent an Australian Company. We are purchasing large amounts of real
estate from an Indian company in India.

I need to find a conveyencer/draftsman company to represent us in these


transactions.

Can a company representative please contact me via email email address ron
(@) oxcorp .com .au

Reply

Virendra Kumar

September 3, 2014 at 7:52 am

yes

Reply

Bhramaramba P Mrs

June 20, 2013 at 11:34 am

dear sir, What is the impact of difference amount in sale deed to sale agreement
for example if we mention the lesser amount in sale deed than sale agreement
what is the implication in future may have to be faced

Reply

verkha

June 18, 2013 at 9:53 pm


hi iam verkha
i purchased flat in Bangalore. According to my sale deed i have to pay
maintenance per.sq but accosiation member force me i have to give
maintenance equally to 3bhk which is 1500sq ad my flat area is only 735sq in
this case what should i have to do ??I have to complain in consumer court or
what ???

Reply

shivaji

June 6, 2013 at 7:14 pm

we sale the agriculteral land in ahmednager and some amt recivied by indl and
remaining amt decided to given through cheque as mention in sale deed,done
in front of registerar but still indl not paid and now agree after two yr when i
appled for cancellation of sale deed in court ahmednager but as court is still not
giving any decision but mean while circle officer decleared owner ship of land
…..so what should i have to do now ?

Reply

biplab

June 5, 2013 at 9:03 pm

The plot of land and the building that i am planning to purchase is in the name
of a lady, her son and daughter. Son lives in the US. A part of the amount
payable will be obtained through bank loan. The bank wants that the sale
agreement must be registered for getting a loan. The problem is that her son
cannot come immediately. What options do i have ? Can the lady get a power of
attorney from both of her son and daughter empowering her to sell the
property on their behalf and to do the needful? Further for registration of the
sale agreement is it necessary that the owners must be present at the of
registration ! Please help…i am at a fix !
Reply

suhas masurkar

June 4, 2013 at 8:16 pm

After completion of agreement to sale of an immovable property and on receipt


of token amount by the seller ,what is the time frame allowable to the buyer to
pay the balance amount to the seller by cheque/D.D and complete the sale
deed?

Reply

Rangeet Raj Mitra

May 20, 2013 at 12:20 pm

A sale Deed was registered in Delhi 1999 where the document was admitted by
the concerned Sub Registrar without the signature of Vendee (purchaser).The
document was signed by Vendor and the Witnessess at the time of registration.
Is there anything in law under the registeration act or any act that in certain
state in India vendee signature is not mandatory.

Reply

PRASANNA

May 13, 2013 at 3:07 pm

I recently bought a property in Navi mumbai, the Conveyancing is not taken


place in that society. after discussed with my society manager, he said the same
under progress. Is it any chance i can include my name directly while doing the
conveyancing.. What is the rule says, which act? can you please help me
Reply

PRATIKANT PATEL

April 25, 2013 at 11:05 pm

hello sir,
i purchase home in gujarat in year-2005 and give payment through bank loan to
the seller and done sale deed,after 8 years seller said i want to my home back so
my query is can he cancelled a sale deed through court?.

Reply

sangeeta mehrotra

May 7, 2013 at 12:46 am

no way

Reply

sangeeta mehrotra

May 7, 2013 at 12:56 am

(i) A deed of cancellation of a sale unilaterally executed by the transferor


does not create, assign, limit or extinguish any right, title or interest in the
property and is of no effect. Such a document does not create any
encumbrance in the property already transferred. Hence such a deed of
cancellation cannot be accepted for registration. (ii) Once title to the
property is vested in the transferee by the sale of the property, it cannot
be divested unto the transferor by execution and registration of a deed of
cancellation even with the consent of the parties. The proper course
would be to re-convey the property by a deed of conveyance by the
transferee in favour of the transferor. (iii) Where a transfer is effected by
way of sale with the condition that title will pass on payment of
consideration, and such intention is clear from the recital in the deed,
then such instrument or sale can be cancelled by a deed of cancellation
with the consent of both the parties on the ground of non-payment of
consideration. The reason is that in such a sale deed, admittedly, the title
remained with the transferor. (iv) In other cases, a complete and absolute
sale can be cancelled at the instance of the transferor only by taking
recourse to the Civil Court by obtaining a decree of cancellation of sale
deed on the ground inter alia of fraud or any other valid reasons.

Madras High Court
M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal on 11 February,
2011 – AIR 2011 Mad 66 (F.B.)

Reply

BHUPENDRA PATEL

May 24, 2013 at 5:50 pm

cancelation sale deed is valide if both party (buyar and saler ) are
aggre

Reply

Archana Bhosale

April 25, 2013 at 12:11 pm

Our society at Kamothe is conveyanced and I asked the society to issue the copy
of conveyance deed but they denied and told me to bring NOC from Builder.
Does it really necessary to have a copy? Otherwise shall i take it from CIDCO
offic? Please guide me.
Reply

Purandar Hegde

April 22, 2013 at 10:44 pm

I had purchased land . sale deed


and RTC show that land is in survey no 290 and boundary details
now Survey department say that actual
land which I purchased is in other survey No. Where is my land no body tells .
anybody please help

Reply

sangeeta mehrotra

May 7, 2013 at 12:50 am

through RTI seek information from Survey Dept. and then if necessary go
for a rectification deed.

Reply

PRATIKANT PATEL

April 18, 2013 at 10:02 pm

TIME LIMIT FOR CANCELLATION OF SALE DEED AS PER PROPERTY LAW

Reply

Ashwini

April 2, 2013 at 5:56 pm

While executing a registered mortgage Deed, do we need two witnesses photo


and sign on the same as per the Indian Registration act ??

Reply

Meenu

February 25, 2013 at 12:02 am

A sale deed registered in sub registrar office by the builder in favour of buyer. As
buyer was abroad, he has not signed the sale deed. Is it a valid sale deed?

Reply

PARTHA SARATHI GHOSH

January 29, 2013 at 4:34 pm

Ina conveyance one witness signed. She have to declare that she know
everything of the conveyance. Under which section of Evidence Act She will
declare.

Reply

yatin shahade
December 4, 2012 at 2:47 pm

If there is no agreement to sell than whether conveyance/sale deed is valid, if


not under which section.

Reply

N.R.Kushwaha

November 8, 2012 at 11:39 pm

I have purchased a agricutural land three years ago. As per the sales deed I got
possession, This land was a joint property of three brothers and they mutually
partitioned the property by keeping in the mind to make the supply of water for
irrigation purpose. Two brothers Out of three have sold their land to me.So
please advice me in this case that Revenue officer can make partition as per the
demand of third brother and reject my registered sales deed.
Now the problem is with their third brother that he was to change the
surroundings and forcefully want to capture the land.

Reply

Radhakrishnan

October 9, 2012 at 1:07 pm

I purchased & executed a sale deed and registered the same after paying the
stamp duty around one year back. Now I have found that the person from the
developer side who signed as partner in the deed had no power to sign the
deed. How to correct the same to get legal validity for the sale deed.

thanking you

Reply

o.p.banth

October 6, 2012 at 6:48 pm

i have purchased land in punjab in 1990 and an agreement to sell was signed by
vendors stating that full and final payment has been made and possession
handed over and nothing is due.deed could not be registered .power of attorney
and will was also executed but the seller died and his legal heirs sold the land to
someone else. what is my status now?

Reply

yatin shahade

August 16, 2012 at 2:38 pm

Whether registered conveyance deed is legally valid if no sale deed is made of


the property.

Reply

yatin shahade

August 16, 2012 at 12:08 pm

whether agreement for sale or sale deed is compulsory or direct conveyance


deed made is legally valid if not why under which law.

Reply


yatin shahade

August 16, 2012 at 12:04 pm

Whether agreement for sale or sale deed is compulsory as per law before
conveyance deed is made for the same property. If conveyance deed is made
directly whether it has legal value & if not under which law.

Reply

narender

August 13, 2012 at 2:58 pm

I purchazed a flat in kamothe navi mumbai wich got registered in march 2008
but as i was not awre of the fact that after there is sale deed. but when I went for
cidco transfer for the sale deed but I dont have made that. Now I want to make
sale deed. what should I do? i am totally confused.
Please help

Reply

Mian WAheed

May 7, 2012 at 6:50 pm

I signed a token receipt for the sale of my house.The language of the receipt
was ”
AGREEMENT TO SELL house no—between — and —.I–S/O —resident of House
no—- herby enter into an agreement to sell house no— for a consideration of
Rs20500000 in favour of —resident of—.As token money ,I have received Rs-
200000 from the vendee vide cheque no—- dtd—-.The time for REgistered Sale
deed will be 3 months after I have settled my case with—bank ,which fact I will
communicate to the vendee through registerd letterafter the receipt of which
within 15 days.The vendee will pay Rs 5000000/-to me as advance money.
Signed by me and the vendee and witnessed by two witnesses.It was verbally
agreed that on my first demand the vendee will pay me Rs 500000o to enable
me to pay down payment to the bank to seetle everything with the bank and
after 3 months after settlement with the bank the sale deed will be done by
paying the balance amount.After signing of this token receipt I sentr a
regisrtered letter to thevendee demanding Rs 5000000(He did acknowledge my
letter.The same day I communicated this to the vendee telephonically-but he did
not respond fore about 6 months.After about 6 months he claims to have sent a
registered letter confirming that he is willing to make the payment(Though I
never received that letter.He also claims to have sent another letter about 6
monts later(not received by me).In the meanwhile sionce he did not respond to
my demand I was forced to borrow money from my relatives and make the
down payment and settle my affairs with the bank.Instead of making the
payment he decided to file a suit for specific performance.THese are some of the
pertinent details.What is your advice and where edo I stand. Now the value of
that property is at least 5 times

Reply

Solomon John

February 29, 2012 at 12:02 am

it was useful

Reply

V Vishwanath

December 27, 2011 at 8:51 pm

I desire to purchase a house and for which I have to pay token Advance
for the sale amount already decided by both the Seller and myself. For effecting
an advance amount what kind of Receipt has to be obtained from the Seller
please inform me through email

Reply

Bheem Sain Nagpal

November 18, 2011 at 7:19 pm

My elder brother sold a property to me on 22-02-08 and executed a sale deed


on stamp paper of Rs 100 attested by notary public .This is not registered in
registrar office . They got full and final payment by cheque and gave me the
possesion of that property . On 11-7-11 he died in road accident left by his wife
and 2 minor children and now i want to sell this property to some one and my
sister in law is ready to register this property in my favour but buyer’s side
advocate said that this sale deed which my brother executed with me is null and
invalid because that sale deed was not registered . So please advice me in this
case that my sale of this property is valid or invalid. And if my sister in law
registers a new sale deed in my favour on behalf of that sale deed is legal or
illegal.

Reply

Leave a Comment
Your email address will not be published. Required fields are marked *
Save my name, email, and website in this browser for the next time I comment.

vLyFsdwOfbZo

 * Copy This Password *

 * Type Or Paste Password Here *

 Notify me of follow-up comments by email.

 Notify me of new posts by email.

Post Comment

Send News & Articles


Send your News & Articles to Publish in this website. For sending Articles &
News CLICK HERE

 प्रवक्ता.कॉम से …
 जय जगदीश हरे आरति के रचयिता पण्डित श्रद्धाराम फिल्लौरी
 किसान आं दोलन :: जातिवाद और राजनै तिक महत्वकां क्षा की पूर्ति का जरिया बना आं दोलन
 बत्तियां गु ल हैं
 सृ ष्टि की आदि-ज्ञान-पु स्तक वे द का महत्व और हमारा कर्तव्य
 ग्लोबल वार्मिं ग बढ़ा रही आकाशीय बिजली की तीव्रता और आवृ त्ति
 बे टी बोझ नहीं, बे टी बरक्कत का सबब
 स्टार्टअप के जरिए रोजगार सृ जन कर रहे हैं यु वा

Subscribe Legal India


Enter your email address here to Subscribe Legal News on your E-mail

Subscribe
More than 10thousand already Subscribed.

For NewsLetter Register Here

 To send News & Articles, Click Here


 For Advertisement Query, Click Here
 For any other queries, Click Here

Follow on Facebook
© 2021 - Legal News / Law News & Articles – Free Legal Helpline – Legal Tips : Legal India
Cookies help us deliver our services. By using our services, you agree to our use of
cookies. More Information   Accept
v

You might also like