Sale deed is required to be duly stamped and registered
2) don’t make any payment on notarised sale deed
Is it advisable to proceed for notary sale deed without getting the full payment
Sale deed is required to be duly stamped and registered
2) don’t make any payment on notarised sale deed
Dear Client
No not all preferable how can you believe the others with out getting full payment. Of course of he is relative of yours you can
It better to receive full amount prior to sell deed.
Or if not that there should be registered agreement and clause in sale deed regarding pending consideration and saying if that in not paid in this limited time sale.deed stands cancelled.
And get a registered sale deed by paying stamp duty.
Dear,
If you didn't received full payment and want to proceed for notary sale deed then
it is advisable to add this note in that sale deed that after full payment it is enforceable on you
otherwise it is null and void and after received full payment, again you proceed for notary sale deed.
Dear Sir,
Go for only sale agreement with registration, it is valid for three years either way. Notary Sale Deed not recognized. Even GPA sale de-recognized. The law is as follows.
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No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
Dear Client,
Without registered sale deed, transfer in the property do not effect and terms of notorious sale deed can not be performed through court in case of default by party. \
If u r seller, u can do it, not good for buyer.
1. Full payment is not advisable till you the physical possession of the property.
2. So if you are getting physical possession of the property then you can make full payment.
3. Sale agreement unless registered does not create any interest in the property .
4. So it is advisable that when you make the full payment wither take physical possession or make a registered sale deed.
1. No. Have a registered sale deed
2. It can be agreed in sale deed itself, that balance payment will be paid after registration
A notarised sale deed is not valid in law, whether you take full payment of the sale consideration amount or not.
It can be treated as a receipt of the amount so far received and not a proper and legally valid sale deed.
If you are purchasing the property then you ought to pay stamp duty and register the agreement. You should get full payment then only execute the sale deed.
No not at all.
But, would be acceptable if only with regard to the agreement to sell.
Sale deed would have to be registered before the registrar only.