1) option is available for purchaser to get sale deed executed in his name or in name of any other person
2) third party would be liable to make payment for sale consideration
3) it is necessary to peruse agreement for sale to advice further
Agreement to sell
In agreement to sell the clause "that the purchaser can get the sale deed executed in his own name or in the name of his nominee or any other person and the seller shall have no objection for the same." means what that whether the purchaser can only get the sale deed executed in some other name only and the total consideration amount will be paid by him. or by providing any other person name he can get his earnest money back and same agreement to sell will be liable for the new nominee and the amount will now be paid by new nominee.
Asked 4 years ago in Property Law
Religion: Sikh
13 Answers
There is nothing wrong in case the purchaser is not willing to get the sale executed in his name to keep this liberty this clause may be designed appropriately to complete the deal however you have to make sure that the compliance must be on the part of the procedure for the payment of consideration
The clause meaning is that "If the purchaser want to register said property on his name or his nominee or any other person so that seller will have no objection at the time of registration to register Property on anyone's name".
Now that means the amount will be paid by purchaser to seller as per the agreement to sell.
According to above clause purchase has rights and not seller to choose the as any other purchaser.
By this clause the purchaser is at liberty to get the sale deed registered on his name or in anyone else's name of his choice.
There's nothing in this clause to get the sale consideration amount by the buyer from the nominee by getting this sale deed registered on their name.
Actually the sale deed can be registered on the name of the nominee on behalf of the buyer.
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 service of deed writer is utilised to avoid unexpected and uncalled for litigations which may arise in a poorly drafted sale deed
The particular clause give liberty to get the sale deed registered on purchaser’s name or in anyone name as per the choice of purchaser.
It is the duty of the purchaser to give balance sale consideration. If the sale deed executed in nominee’s name then collect all amount from him and give it to seller.
Normally, resellers get such narration in the agreement of sale, to enable the resellers to make profit by paying the agreed amount to the seller and collecting extra money from the prospective buyer at the time of registration.
1. This means that if the buyer asks the seller to execute the sale deed in favour of any person other than purchaser then seller will be bound to do so.
2. It does not mean that seller has to necessarily get the sale deed executed in favour of another person.
1. It means that he may propose any other name in whose favour the sale deed will be registered. It is not 'shall' for which the buyer may propose any other name in whose favour the seller will register the sale deed.
2. There is no mention of his taking refund of the Earnest Money by providing the name of a third party.
In an Affidavit can the deponents mention third party name without there written consent.
Asked 4 years ago
1) need to obtain consent of third party in writing
No, the third party name cannot be mentioned without the consent of the concerned person, because if the third person denies the knowledge of the same in the future, then the entire affidavit will stand invalid.
1. No separate affidavit is required for this.
2. It ought to be mentioned in agreement to sale itself.
He can mention but the said third party shall have to append his/her signature while registering the sale deed.
Consent needed
