Sale Deed Vs Sales Agreement - Which One is Valid ? Sale Deed Vs Sales Agreement - Which One is Valid ?

1 year ago

Dear Team,

In 2019 i purchased my 1st Flat Via No Broker Team in Panvel - Navi Mumbai at INR 49 Lakhs via Bank Loan, I paid 20% Amount to the Flat Owner & then we completed the property registration at Panvel Registrar Office as per the Lawyer Team appointed by No Broker Team, that time the Lawyer Team prepared the sales agreements & as per the sale agreement we complete the registration process & paid entire stamp duty & other government charges, as per the Sale Agreement the previous flat owner get remaining 80% amount from my bank against the Home Loan which I took from the bank.

After loan disbursement to the flat owner, I took the final amount paid confirmation letter & procession latter from the flat owner, since past one year I am staying in the same property, last year in the month of December 2021, I applied for electricity meter transfer request to my name with all supporting documents like Aadhar Card, Index 2 Copy & Sale Agreement Copy & now after almost 9 months MSCB - Mahavitaran staff is telling me you are not the lawful owner of the mentioned property as sale deed is not done between 2 parties. However, I have a Sales Agreement Copy along with all registration copies & stamp duty paid receipts they are not ready to process my application. so I am in shock now, what should i do now, do i need to go through the entire process again to show them the sales deed, what should be my stand on the same part, pls. help, Thanks

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Always sale deed prevails over sale agreement. Sale Agreement will be matured into sale deed as such the value of sale agreement will be merged with concerned sale deed.
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Anik

Responded 1 year ago

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A.Sale deed gives the rights and interests in the property to the new owner. Sale agreement gives a right for the purchaser to purchase the property in question on the satisfaction of certain conditions. Sale agreement precedes sale deed, signed and executed by the seller and buyer on a non-judicial stamp paper.
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