Question: I had agreement to sale which is not registered. It is mentioned on that I need to register sale deed on particular date but due to some problem I am not able to vacant house and asking to extend sale agreement. Is it possible to do so?
Asked from: Maharashtra
An agreement to sale is a legally binding document that outlines the terms and conditions of a real estate transaction. In the case where the agreement to sale is not registered, it is still considered a valid and binding contract, but it may not have the same legal standing as a registered agreement.
It is possible to extend an unregistered agreement to sale, but the process can be more complicated than if the agreement were registered.
If you are unable to vacate the house and are asking to extend the sale agreement, you should communicate this to the other party and try to reach an agreement. If the other party is willing to extend the agreement, you can draft a new agreement and have both parties sign it.
It’s important to note that extending an unregistered agreement to sale may not be recognized by the law as a valid document, as an unregistered agreement does not have the same legal standing as a registered agreement.
How to extend sale agreement
To extend an agreement to sale, the following steps can be taken:
- Communicate with the other party: Inform the other party of your desire to extend the agreement and discuss the reasons for the extension. Try to reach an agreement on the new terms and conditions of the extension.
- Draft a new agreement: Once both parties have agreed to the extension, draft a new agreement that includes the new terms and conditions of the extension, such as the new date for registration of the sale deed.
- Review the new agreement: Both parties should carefully review the new agreement and ensure that all the terms and conditions are clear and understood.
- Sign the new agreement: Both parties should sign the new agreement, and it should be dated and stamped.
- Register the new agreement: The new agreement should be registered with the relevant authorities, as per the registration laws of the state where the property is located.
It’s important to note that, even if both parties have agreed to extend the agreement, it will not be legally binding until it is registered. Additionally, if the other party is not willing to extend the agreement, you may have to seek legal advice and consider filing a case in the court of law to get an order of extension.
It’s always best to consult with a lawyer for guidance on the specific details of your case and the best course of action. They can provide you with legal advice on the options available to you and help you understand your rights and responsibilities under the agreement to sale and the registration laws of your state.