A.
Dear Client,
Yes, it is possible. While payment of price of an immovable property is a crucial part of the sale transaction, it is not a prerequisite for the validity of the registration of a sale deed. Registration of a sale deed is a legal process that officially transfers ownership of the property from the seller to the buyer. The sale deed as well as an agreement to sale(if executed between the seller and buyer prior to execution of sale deed) should clearly outline the payment terms, including whether the payment is full or partial, and the schedule of payments to avoid future disputes. Section 55(4)(b) of the Transfer of the Property Act, 1882 stipulates that where the ownership of the property has passed to the buyer before payment of the whole of the purchase-money, the vendor/seller is entitled to a charge upon the property in the hands of the buyer for the amount of sale price and interest thereon from date of delivery of possession post-sale. The Hon'ble Supreme Court in the case of Vidyadhar v. Manikrao, (1999) 3 SCC 573, and in the case of Dahiben v. Arvindbhai Kalyanji Bhanusali, 2020 SCC OnLine SC 562 , decided on 09.07.2020 held that non-payment of a part of the sale price would not affect the validity of the sale. Once the title in the property has already passed, even if the balance sale consideration is not paid, the sale could not be invalidated on this ground. The seller of the property have other remedies in law for recovery of the balance consideration, but could not be granted the relief of cancellation of the registered Sale Deed. Hence, in view of the proposition of relevant law and the decision of the Apex Court, you can execute an agreement to sale with the purchaser outlining the terms of payment of consideration money against the sale of immovable property reflecting the same terms in the Sale Deed to be registered under the Registration Act. But, it is always advisable to get the full payment of sale price of the land from the buyer before registration to avoid all sorts expensive litigations to exercise your right of recovery of balance money, in case the buyer fails to pay the same. Hence, it is recommended to consult with an experience property Lawyer of your locality for tailored advice and steps to navigate the matter effectively.
Posted On 03-Jul-2025
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