Hi,

I have purchased a resale property in Sector 44A in Nerul, Navi Mumbai.

We i.e the owner and me have entered into an "Agreement to Sale" and the same has been registered.

After due procedures from bank and disbursement of loan, the Owner is now denying the registration of Sale Deed. He is saying that we have already registered the Agreement to Sale, so we need not register the Sale Deed.

I, as a purchaser want to have the Sale Deed registered to make sure that the Full and Final Payment is registered with the relevant receipts.

Please let know if it is Mandatory to register the Sale Deed and if yes, is there any law/court order pertaining to that which i can show to the owner so that he is bound to do so?

Will appreciate quick response.

Thank you,

Warm Regards,

Ameya Kulkarni
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  • Yes, its mandatory to register Sales Deed by law and to pay the Registry charges and Stamp Duty.
    Infact Agreement to Sale is not a compulsory requirement mandatory but Sales Deed registration is mandatory.
    Why is the seller is refusing to register the Sales deed ? Is it to save on registration charges, but those are usually paid by the buyer.

    Here is an article.
    Sale deed must for selling property: SC - Indian Express
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    1 Comments
    • ravikhamkar781 years ago
      Sir we can do directly sale deed without agreement to sale by mutual understanding of seller & buyer
  • Dear Mr. Saxena,

    Thank you for your quick reply.

    The owner is of the opinion that the Agreement to Sale is registered then why is it required to register the Sale Deed again?

    He says that it will a duplication of property registration and in case i dont submit the sale deed copy to my bank he will be in trouble.

    Even i am not able to understand the logic behind his argument, can you give me some reference of Indian Registration Act which i can show him and get it done?

    He is asking an NOC from my lending bank, which i believe is totally illogical as i am the one who is dealing with bank and not him.

    Thank you,

    Warm Regards,

    Ameya
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  • I googled and found below :
    Whenever a property buyer buys a piece of land/immovable property, he/she needs to register the same with the authority concerned. Once a property is registered, it means that the property buyer in whose favor the property is registered is the lawful owner of the premises and is fully responsible for it in all respects. Through registration of Sale deed, a person is able to acquire the rights of the property on the date of execution of the deed.
    Registering the documents relating to the transfer, sale, lease or any other form of disposal of a property is compulsory under section 17 of the Indian Registration Act, 1908. The aim of the registration is to prevent fraud, in addition to create and maintain an up-to-date public record.

    Full article is here :
    Registration of Property is Compulsory
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  • Originally Posted by ameyajk
    Hi,

    I have purchased a resale property in Sector 44A in Nerul, Navi Mumbai.

    We i.e the owner and me have entered into an "Agreement to Sale" and the same has been registered.

    After due procedures from bank and disbursement of loan, the Owner is now denying the registration of Sale Deed. He is saying that we have already registered the Agreement to Sale, so we need not register the Sale Deed.

    I, as a purchaser want to have the Sale Deed registered to make sure that the Full and Final Payment is registered with the relevant receipts.

    Please let know if it is Mandatory to register the Sale Deed and if yes, is there any law/court order pertaining to that which i can show to the owner so that he is bound to do so?

    Will appreciate quick response.

    Thank you,

    Warm Regards,

    Ameya Kulkarni



    If you have paid full stamp duty and registered the "agreement for sale" all you need are the following:
    #1. Get the receipt or the copy of reciept of the final bank loan disbursement to him.
    #2 A possession letter from the previous owner
    #3. get the documents for the society share certificate transfer signed by him. they are specific forms with a predefined format.

    In Maharashtra, the properly stamped and registered "agreement to sale" is a legal document and binding if the above conditions are met. The title is clear.
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