Can a flat be sold without the sale deed

716 votes

Sir/Madam,

With respect to your query an agreement for sale of an immovable property is not the same as a sale deed for the same property. An agreement for sale, is an agreement to sell a property in future whereas Sale deed create the instant right in favour of a person. if you have purchased any property under any 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 as per Section 54 of Transfer of Property Act, 1882. In your case you will need a advocate who can show you the proper line of action.


Warm Regards,
Saqib Gigani.

Advocate Saqib Gigani LawRato

865 votes

You have first owner of the flat means builder was vendor you are the purchaser only agreement was mandotary .you have the second owner of the flat and only agreement to sale document was register .the sale deed was mandatory.

Advocate Sumit Bhagat LawRato

557 votes

Yes .you can sold the your flat without previously made sale deed .but you are extra charges will be occurring when you saling this flat.firstly you made a confirming agreement between previous owner and you then registered.

Advocate Sushil Kumar Tiwari LawRato

805 votes

This is my response to you:
1. Approach the Registrar office and obtain a true copy from them;
2. File a police complaint that the original document is lost;
3. Also take out an advertisement in three local newspapers;
4. Once you do the abovementioned acts then only a buyer will purchase the flat from you;
5. Consult a local lawyer and take steps.

Advocate Gowaal Padavi LawRato

967 votes

Ownership means a person has a right over a property and owns it. An owner will have the right of possession, right to its use, right of way, right to transfer it and the right to earn rent from the property.

An owner can transfer his property by gifting or selling it. A sale deed, or any document through which the ownership rights are transferred, is a document that gives evidence of an individual's ownership of a property. Rights in property can be transferred only on execution and registration of a sale deed in favour of the buyer.

A conveyance deed is executed to transfer title from one person to another. Generally, an owner can transfer his property unless there is a legal restriction barring such transfer. Under the law, any person who owns a property and is competent to contract can transfer it in favour of another. If the owner gives another individual a power of attorney (POA), that person can sell it under this authority. A POA gives another person the power to act on behalf of the owner. However, if the POA only grants a person the authority to manage the property, he cannot sell it.

Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. The agreement is signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence. Agreement to sell is the base document on which the conveyance deed is drafted. Every document of transfer of property by way of sale would be preceded by an agreement to sell. The agreement to sell is also in writing.

ny instrument indicating transfer of property must be registered. The sale deed and other relevant documents have to be stamped and registered at the subregistrar's office having jurisdiction over the property. The purpose of registration is to prevent fraud and provide security. It also ensures that every person dealing with property, where such dealings require registration, may rely with confidence on the statements contained in the registered document as a complete account of all transaction by which his title may be affected.

A transfer of title in real estate is not valid if the sale deed is not registered. Registration in the Once purchased, the property should be mutated in the name of the purchaser. Mutation is not a legal title given to the new owner. It basically means rectification in the records of the municipal authorities (in case of urban properties) and local revenue officers (in case of other properties), replacing the name of the owner with that of the new owner. The new owner, in whose favour the title and other rights pass on, must apply to the local municipal authorities for mutation.

Mutation of property is recorded on the presentation of registered documents showing evidence of transfer of property. Mutation of property in the municipal or revenue records is mainly for the purpose of payment of property taxes.

Advocate Chinnmay S. Shah LawRato

481 votes

Sale Deed - To sell a house successfully, you will need the original Sale Deed. In the event that a seller is trying to sell a property but does not have the original Sale Deed they may need an encumbrance or gift deed.

Advocate Chikirsha Mohanty LawRato