Assume Mr X is a NRI, Mr Y has an sale of agreement with X. I have verified the certified copies of the following documents Sale deed telling Mr X is absolute owner of the property (from 1970 to till date). Property documents are fine layout plan, Khatha certiciate, EC and everything establish Mr X is absolute owner of the property Sale agreeement between X and Y.(Not GPA only sale agreement). The is also a registered agreement where I can see the Mr X photo on the agreemtn. Document verified and I took a certified copy. I had a video call with Mr X and he is well informed about the sale. Apart from the below mentioned doubt everything looks clear and fare I am dealing with Y. The ageement between X and Y has following clause "NOMINATION: The vendor shall execute a Deed of sale in regard to the schedule property either in the favour of purchaser and/or its nominee/s as required by the purchaser on the same terms" In this case Can Y do a assignment agreement to me. If X only has to do the agreement, Since he is an NRI and my brother is also staying at the same place. He can take a sale agreement to the X (NRI) and get it signed there and courier to me. I will buy the stamp paper here and attach to it. Do the sale agreement without registration valid? Do the sale agreement signed in other country valid?
Firstly, sir, now after the recent judgement of the Hon’ble Supreme Court with respect to the non accessibility of the GPA or POA in property transaction.
Secondly, it is only valid if the person is the close relative of the executor.
Thirdly, in your case, you may execute the GPA in the favour of your brother, but it has to be signed at the place where the property is situated.
1) agreement for sale can be entered into by X with you
2) agreement for sale can be attested before Indian consulate
3) it is not necessary to register agreement for sale
4) registered agreement between X and Y can be cancelled
5) sale deed has to be duly stamped and registered in India
1) Your sale agreement will take place in both of you i.e. Between buy and seller. How Govt of India come to know that your transaction has took place.
2) For registration of document is complusory as per registration act except in a few cases.
Documents of property requiring mandatory registration. As per Section 17 of the Registration Act, 1908, all transactions that involve the sale of an immovable property for a value exceeding Rs 100, should be registered. The term 'immovable property' includes land, buildings and any rights attached to these properties.
In the facts and circumstances of your case, X the vendor can execute the absolute sale deed in favour of either Y or his nominee. No need to enter into an assignment agreement an MOU would suffice. At the time of final registration of absolute sale deed, Y must sign the document as Consenting witness.
Now if you wish to enter into an agreement directly with X, you may do so, but once the document is signed outside India, it must be adjudicated in India once it is couriered to you and on its receipt by you here in India. Only then can the sale agreement be valid in India.
1. execute sale agreement with Y as vendor and X as confirming party
2. send this agreement to the foreign country where X is residing.
3. request X to sign the agreement before the Indian Consulate
4. then get the signed agreement couriered to India and get it stamped for the required amount of stamp duty
5. then you and Y can sign the agreement and get it registered before the sub-registrar
Dear Client,
Above clause refers to - vendor is X and purchaser is Y, deal is fixed between them, nowhere authorized Y to sell property on behalf of X. Through sale agreement such authority cannot be given, It`s deal between X and Y.
Sale agreement as u proposed is invalid, neither enforceable without registration.
Sale agreement signed in another country is valid, But the signatory has to sign it Before the Indian consulate and get it stamped by the Indian consulate. Further he can send it to you by courier and you can get the additional stamp duty are fixed in the registrar office and get it restored distur before the Indian consulate and get it stamped by the Indian consulate. Further he can send it to you by courier and you can get the additional stamp duty of fixed in the registrar office and get it Register. Mr Y Can witness the sale agreement.
No sale agreement is valid without registering the same.
Is it mandatory to register the sale agreement? The property is located in Bangalore and if registration is not required how much amount of stamp paper I need to buy. If registration is required will the registrar accept the sale agreement signed by the NRI( and attested by Indian consulate) for registration even NRI is not present at the time of registration.
Yes the Registrar will accept the sale agreemtent in presence of Y after you affix the required stamp duty of 5 percent Of the total or Registered property value as the stamp duty and 1% of the total registered property value as registration fees in Bangalore.
1. you can register sale agreement by paying full stamp duty
2. the subsequent sale deed can be on a nominal stamp paper and stamp duty is already paid on sale agreement
3. the NRI will have to give a POA to any trusted person for purpose of admitting execution of sale agreement on his behalf before the sub-registrar
4. instead of sending the sale agreement to NRI, you can mail him the draft POA giving authority to sign the sale agreement and to comply with registration formalities
5. the NRI can sign the POA before the Indian consulate and courier it to you
6. you can the attach this POA to sale agreement
7. the grantee of POA will then have to accompany you to the registrar's office for registering the sale agreement
Registration of sale agreement is not mandatory
2) stamp paper local lawyer can guide you
3) sale deed is required to be duly stamped and registered
Unregistered sale agreement is not valid in law.
There is a registered sale agreement between X and Y, hence if a third party wants to buy this then first the sale agreement between X and Y is to be cancelled by a registered cancellation deed.
The seller has to execute a registered sale deed in favor of the buyer either by personally visiting the registrar's office or through his GPA agent.
The sale deed executed in a foreign country is not valid in India.
The sale of the property to the nominee on the instructions of the original buyer who has already entered into sale agreement may be applicable if the nominee is related to the buyer or is indebted.
You may ask the NRI vendor to follow the correct procedures of law to sell the property or else the buyer will always be at a risk of losing his property.
It is mandatory to register the sale agreement or the sale deed pertaining to immovable property.
The sale deed cannot be executed by the vendor elsewhere and send it to the concerned registrar for registering the same.
The seller or his power agent has to be present before the registrar at the time of registering the property.