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Land sale deed clause clarification


09-Aug-2023 (In Property Law)
Can we write in sale deed that "this agreement is valid in subject to realisation of full amount of Demand Draft" ? since buyer is saying this Clause is not applicable in case of Demand draft. Is it true? As per my view towards the buyer Im very much certain that he will hold clearance of DD for a month or more. Should we go for registration without adding this Clause or without getting realised amount in money before Registration? Thanks
Answers (1)

Answer #1
898 votes
if the amount is being paid by DD, there is no problem if you write "this agreement is valid in subject to realization of full amount of Demand Draft". there is no such provision where it says it cant be written. contract is binding only when consideration takes place and here contract is your agreement and consideration is the amount. if you dont get the amount how can the agreement take place.

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