Agreement without possession and sale deed execution
2 years ago
Dear sir,
I have done registered sale agreement with full settlement not a advance as full and final amount settlement in year 1987 which same mentioned in agreement too for purchase land from party
After tat i didn't executed sale deed due to other party loaned at bank same land for 2016-in particular bank-now after 35 years still my name comesup tat ec as agreement with possession with my name only
Pls advise whether my agreement got lapsed else can i go to court to execute degree for sale deed bcs still now as ec showing my name only as in remark mentioned agreement wt possession
A.Dear Sir,
After three years it will be expired. Unless there is renewal of such agreement it cannot be executed. If possession is not with the purchaser he cannot do anything. Take appropriate steps to protect your property.
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After three years it will be expired. Unless there is renewal of such agreement it cannot be executed. If possession is not with the purchaser he cannot do anything. Take appropriate steps to protect your property.
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BANDARU RAJYA LAKSHMI
Responded 2 years ago
A.Dear client,
Your agreement of sale is lapsed why because the agreement of sale is valid for 3years only. You cannot go for sale deed registration through court. You have to execute a fresh agreement of sale for registration of sale deed. After registration only you can get full rights over the property.
If my suggestion is helpful to you pls rate me
Your agreement of sale is lapsed why because the agreement of sale is valid for 3years only. You cannot go for sale deed registration through court. You have to execute a fresh agreement of sale for registration of sale deed. After registration only you can get full rights over the property.
If my suggestion is helpful to you pls rate me
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.The agreement for sale is valid for three years. If there is a negative clause in the agreement, for example, the buyer has to register the property within six months’, then, the limitation is extended by such period.
According to the Transfer of Property Act,1882,as amended up to date, an agreement for sale, whether with possession or without possession, is not a conveyance. Section 54 of the Transfer of Property Act,1882 enacts that the sale of an immovable property can be made, only by a registered instrument and an agreement for sale does not create any interest or charge on its subject matter.
So, under any registered agreement for sale, without it being followed by a proper sale deed, you do not get any right or interest in the property purported to be transferred under the agreement of sale.
This absolute rule is subject to the exception provided under Section 53A of the Transfer of Property Act,1882. Section 53A provides that where the buyer has obtained possession of the property that is subject matter of the transfer, while fully complying with his part of the obligation under the agreement, the seller shall not be entitled to disturb the possession so granted to the buyer. It may be noted that Section 53A provides a shield to the proposed transferee against the transferor and debars the transferor from disturbing possession of the transferee, but it does not cure the title of the buyer to the property. The ownership of the property still remains with the seller.
According to the Transfer of Property Act,1882,as amended up to date, an agreement for sale, whether with possession or without possession, is not a conveyance. Section 54 of the Transfer of Property Act,1882 enacts that the sale of an immovable property can be made, only by a registered instrument and an agreement for sale does not create any interest or charge on its subject matter.
So, under any registered agreement for sale, without it being followed by a proper sale deed, you do not get any right or interest in the property purported to be transferred under the agreement of sale.
This absolute rule is subject to the exception provided under Section 53A of the Transfer of Property Act,1882. Section 53A provides that where the buyer has obtained possession of the property that is subject matter of the transfer, while fully complying with his part of the obligation under the agreement, the seller shall not be entitled to disturb the possession so granted to the buyer. It may be noted that Section 53A provides a shield to the proposed transferee against the transferor and debars the transferor from disturbing possession of the transferee, but it does not cure the title of the buyer to the property. The ownership of the property still remains with the seller.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Your agreement is 1987 so this agreement is over.
You can not go to court for excuate a sale deed. Because the agreement enforce time is 3years..you will do fresh agreement. And after this you can go for a sale deed.
You can not go to court for excuate a sale deed. Because the agreement enforce time is 3years..you will do fresh agreement. And after this you can go for a sale deed.
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A.Hello
Sir first please check the agreement made in the year 1987 and carefully go through all the terms and conditions. There might me made available that for how long this agreement is valid and sale deed could be executed on the basis of it. There are maximum chances that the agreement is lapsed and you are required to execute a new agreement with the party. Also contact the property lawyer from your city for better understanding.
Thanks.
Please rate if you find this advice helpful.
Sir first please check the agreement made in the year 1987 and carefully go through all the terms and conditions. There might me made available that for how long this agreement is valid and sale deed could be executed on the basis of it. There are maximum chances that the agreement is lapsed and you are required to execute a new agreement with the party. Also contact the property lawyer from your city for better understanding.
Thanks.
Please rate if you find this advice helpful.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Most probably you agreement is lapsed and you are required to execute a new one in order to execute a sale deed. Also check the terms and conditions of the agreement for better understanding.
Thanks.
If you find this advice helpful, please rate.
Most probably you agreement is lapsed and you are required to execute a new one in order to execute a sale deed. Also check the terms and conditions of the agreement for better understanding.
Thanks.
If you find this advice helpful, please rate.
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