• Should registry be done before the sale consideration amount is credited in the account of seller

I am selling my residential property in Shalimar Garden Extn 1, Ghz for a sum of Rs.25,75,000/-. The buyer has paid a sum of rs.2 lakh in cash and is not ready to give cheque of balance payment of Rs. 23,75,000/- before 3 days of registry so that it could be credited in my bank account before signing the sale documents to protect my interest and neither ready to give DD of balance amount on the date of registry as he is saying that it will levy heavy charges to him and neither ready for doing rtgs payment before registry and asking us to pay the charges of rtgs / dd and insisting for paying a balance sum of Rs.23,75,000/- through cheque dated (date of registration) and will be handed over to us at the time of signing the registration of documents and handing over the original documents to him. It is pertinent to mention here that the purchaser is not availing any housing loan for purchasing the property as if the housing loan is availed than the financing company pay through banker's chq on the date of registration but in our case its a self financing and the buyer is paying through his own sources . The problem is there is no property dealer in this deal. This deal is direct party deal. What should i do in these circumstances. To the best of my knowledge, it is prudent that every seller signs the documents after getting the full consideration amount either in cash or realizing the full payment in bank account. Please guide me what to do to protect my interest. Does it advisable to sign the documents and hand over the original documents of the property on the basis of the cheques being handed over at the time of registration of sale documents.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

It will be advisable if he pays before execution of sale deed, however CHEQUE BOUNCING laws are strong enough to make him pay you if the cheque bounces, one thing you can do is ask him make DD for the whole amount and you bear the cost of DD to safeguard yourself. 

It is also advisable to keep the photocopy of complete papers with yourself. 

However, I should tell you that you hold his 2 lakhs and house, so you should be having the upper edge to negotiate, else he will not be able to claim his cash from you. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Handing over the property after the registration process when only 2 lakh has been paid is not done. 

How do we know he even has the money. What will happen if he declines/refuses/promises to pay at a later date. You only have a legal remedy while he may be enjoying the property.

Therefore take the DD immediately before the purchase.  There are no 2 ways about it.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

There is no trend in such matters. If both the parties are distrustful of each other as nobody else is between them then it is better to err on the side of caution and take the amount at the time of registration.

There is no guarantor therefore act accordingly.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

If you do not trust or have faith in the buyer then you can insist him to purchase a DD for the said sale consideration amount  or refuse to sell the property and return the advance amount given by him.

If there was no sale agreement entered between you and the buyer then there is no question of cancelling the sale agreement also.

alternately you can add a clause that registration of sale deed is liable to cancelled if the  payment paid by the cheque towards the balance of sale consideration is not realised  or if the cheque is bounced and the buyer do not make any attempt to pay the same by DD immediately within three days from the date of the cheque dishonoured. 

The cheque if dishonoured and the buyer is not complying with the demands made to pay the cheque amount, it would attract the provisions of section 138 NI act for taking action against the buyer   because it is legally liable debt.

You can decide further course of action based on the circumstances prevailing at your end.

T Kalaiselvan
Advocate, Vellore
87754 Answers
2358 Consultations

No only after sake consideration is paid through agreement to sale then registration can be done

Prashant Nayak
Advocate, Mumbai
32893 Answers
209 Consultations

1) insist on DD for balance amount 

 

2) offer to pay DD charges 

 

3) don’t accept cheque as it can be dishonoured 

 

4) generally  at time of registration DDIs made or funds transferred through RTGS 

Ajay Sethi
Advocate, Mumbai
97552 Answers
7894 Consultations

No one accepts cheques for balance payment 

 

no guarantee it would be honoured 

Ajay Sethi
Advocate, Mumbai
97552 Answers
7894 Consultations

1. This is against usual practice and betrays prudence.

2. If he gives a cheque on the date of execution of sale deed and it subsequently gets dishonoured then what will you do?

3. Either the sum should be credited to your account through any mode

before the execution of sale deed or he should deliver a DD to you on the date of execution of sale deed.

Ashish Davessar
Advocate, Jaipur
30813 Answers
974 Consultations

Dear Sir,

1) You should not do registry unless payment received.

2) Mostly trend is the that people pay advance amount, enter into agreement to sale and pay major amount, and at time of registry remaining small amount is paid at time of registry.

3) You should seek DD or transfer of money in your account by some mode of transfer. Cheques can be dishonored.

Thank you

 

Anik Miu
Advocate, Bangalore
10401 Answers
121 Consultations

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