Property Tips: Do you also want to buy property with full payment agreement? Know important things before buying a plot or house..
Shikha Saxena November 02, 2024 07:15 PM

To buy any kind of property, it is necessary to get it registered. You become the owner of the property only after registration and mutation. In India, apart from registration, property is also bought and sold through a full payment agreement. But, this is not right in any way to buy property. Buying any property only through a full payment rent agreement can prove to be a big loss deal for you. You cannot become the owner of any property with a full payment agreement. In such a situation, you may have to lose the property which you have bought with your hard-earned money.

Punjab and Haryana High Court lawyer Sudhir Saharan says that it is not right to buy property by making a full payment agreement. If you want to invest your hard-earned money in property, then you should always buy such property which can be registered. It is better to avoid adopting methods like full payment agreements or will in the quest to save stamp duty or in the greed of cheap price.

A full payment agreement does not give ownership rights.
Power of attorney or full payment agreement does not give you legal ownership of any property. A full payment agreement is not a document of ownership. It also does not allow mutation of property i.e. mutation of property. Such cases are always weak in the court and without registration, you are not able to present your ownership rights on the property. The risk of property going out of your hands is high.

Every day such cases keep coming in which someone took possession of the property by just getting a full payment agreement made. After some time, the person who sold the property claimed that property. Not only this, but many times after the death of the property seller, his children, or close relatives claim such property. In such circumstances, the person who gets the full payment agreement done gets stuck in trouble by investing money.

Can registration be done through a full payment agreement?
Advocate Sudhir Saharan says that registration can be done based on a full payment agreement. If there is no dispute between the buyer and the seller, then registration is done easily. If we talk about Haryana, after the full payment agreement, if the seller of the property refuses to get the registration done, then the court can be approached and the agreement can be completed. But, to do this, some conditions have to be fulfilled.

The full payment agreement should be on the prescribed stamp paper. It should have the signatures of both the buyer and the seller as well as the signatures of the witnesses. Also, payment of more than Rs 2 lakh for the property should be done through cheque or bank transfer. Saharan says that if the full payment agreement fulfills the above conditions, then the buyer's claim becomes strong and the seller can be forced to get the registration done through the court.

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