Tuesday, March 13, 2018

Aadhar Enable AGREEMENT TO SELL- New Property Buy , Sell Purchase - New Property Buy या Sell करते समय क्या क्या धयान दे

Aadhar Enable AGREEMENT TO SELL

Normally जब भी आप को कोई प्रॉपर्टी पसंद आए  और आप उसे खरीदना चाहते है  तो  टोकन मनी देने से पहले उसके पेपर जरूर देखे। 

once you agree on the purchase price and given token amount 50000 to 1 Lakhs  do not pay in cash always pay any amount by Cheque then 
Normally property Sell / Purchase amount का 5% - 10 %  Amount need to pay at the time of agreement of sell.
Before paying any further amount should have to see original paper of seller even asked for there copy of ID Proof aadhar/ PAN CARD....so that you can be sure that you are buying the property from the actual owner.
Asked the Seller to share the doc with you

  1. Account ledger payment to builder
  2. Payment receipt to Builder
  3. Transfer permission
  4. Seller की  PAN OR AADHAR की  COPY
  5. 1st alotee के पेपर हमेशा चाहिए होते है
  6. Builder buyer agreement
  7. Allotment letter
  8. Completion certificate of building
  9. Possession letter
  10. Noc from builder
  11. Occupancy certificate
  12. Demand letter
इसे भी चेक करे। 
HET  (VAT ) tax Haryana Government 1% charge करती  है और बिल्डर 6% मांगता है।  बैंक गारंटी  के फॉर्म में ताकि अगर आप प्रॉपर्टी बेच कर चले गए और बाद में सर्कार ने मानेगा तो बिल्डर को देना पड़ेगा।

रजिस्ट्री से पहले ये पेपर  चाहिए होते है। 
Is Property Free hold?
NOC From Bank
Builder Proposal mail/doc for the registry  - amount of stamp paper, Document for Stamp paper  Purchase and another Document requirement
OC & CC of Flat / Floor


Once you  are satisfied with paper shared by seller then make the agreement of sell 














AGREEMENT TO SELL में क्या धयान में रखे। 
Court Registered agreement made at court at minimum 2% of  Sell value.
The agreement should be maid Minimum of 100/- Stemp paper and notarized. 

AGREEMENT TO SELL

This Agreement to sell is made and executed at Gurgaon, on this ______ day of  MARCH ____2018, BETWEEN _____________________________________________________R/O ________________________________hereinafter called the “FIRST PARTY” of the one part:

AND

___________________________________________________R/O_______________________________________________,hereinafter called the `SECOND PARTY’ of the other part:

The expression of the terms First Party and Second Party wherever they occur in the body of this Agreement shall mean and include them, their respective legal heirs, successors, legal representatives, executors, nominees, assignees.


WHEREAS the First Party is the lawful owner of Flat No. ___________________________having area of  ______ Square feet with 2 Basement Parking ( basement parking number) and one Open parking (open parking number ), (hereinafter called the said property).

AND WHEREAS the first party due to his legal needs and bonafide requirements has agreed to sell, transfer, convey, assign their rights, title, interest in respect of the said property unto the second party and the second party agreed to purchase the same for a total sale consideration of Rs. _____________(Rupees _____________ Only).

NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER: -

1.    That the total sale consideration has been mutually decided and settled between both the parties are Rs._____________ (Rupees ____________Only).

2.    That the first party has received the advance consideration amount of Rs. __________________

3.    The balance amount of Rs. _____________shall be paid by the second party to the first party at the time of execution of Sale Deed in favour of second party.

4.    That the first party hereby assures the Second Party that the said property under sale is free from all sorts of encumbrances such as prior sale, mortgages, will, gift, lien, decree, charges, surety, security, litigation, disputes, loan etc., and there is no legal defect in the title of the ownership of the first party, if it is proved otherwise, then the first party shall be liable and responsible to indemnify all the losses/damages, thus suffered by the second party.

5.    That all the dues, demands, taxes, charges, liabilities and outstanding if any, shall be paid by the First Party upto to the date of handing over the peaceful physical possession of the said property to the second party and afterwards the same shall be paid by the Second Party.

6.    That the said property is the self-acquired property of the first party and that except the first party nobody has any right, title, interest, claim or demand whatsoever in respect of the said property.
7.    That there is no subsisting agreement for sale in respect of the said property or any part thereof in favour of any other person or persons except with the second party.
8.    That the cost of sale permission, stamp duty, registration fee and all other legal expenses shall be paid and borne by the second party.
9.    That the first party shall hand over the actual vacant peaceful physical possession of the said property to the second party at the time of execution of Sale Deed and other documents at the Sub-Registrar’s Office, By______________, 2018.
10. That the complete amount paid towards the deal against the said property is the total responsibility of the First Party.

11. That the first party shall hand over all the original title documents relating to the said property to the second party at the time of execution of Sale Deed and other documents in favour of second party at the Sub-Registrar’s office, By ____________________, 2018.

12. That the first party and second party hereby agreed to execute the Sale Deed and other documents for the transfer of the ownership of the said property on or before _______________, 2018.
13. That in case the First Party i.e. seller refuses to honour this agreement, he will have to pay immediately to the buyer i.e. to the second party an amount equal to the double of the advance amount and, if the second party refuses to honour this agreement, First Party will have the right to forfeit advance amount paid under this agreement

14.  Further, it has been mutually decided and agreed that the seller (FIRST PARTY) is taking the advance amount from the buyer (SECOND PARTY) to get the registration done and payment of outstanding dues to the builder for the property in question mentioned above .  In case the First party ie. the seller backs out of the property deal or refuses to honour the agreement, he will have to immediately pay to the buyer double the amount equal to the advance amount paid by the buyer as on date __________. If the second party refuses to honour this agreement, First Party will have the right to forfeit advance amount paid under this agreement.  
15. Original paper need to be handower of property as per bank lian subject to home loan of buyers. if Loan denyed due to unabvalability of and  Property paper seller will refund  double of advance  taken from buyer second party. 



IN WITNESS WHEREOF THE PARTIES above named have put their respective signatures of the agreement to sell on the day, month and year first above written in the presence of Witnesses.

 



WITNESSES:                                                FIRST PARTY
                                                                                   
                                                                                   Aadhar No: 

1.

Aadhar No: 


2.

Aadhar No:                                                                                                                                                                                                                                 SECOND PARTY

                                                                                     

                                                                                     Aadhar No:  









RESALE CASES
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1) AGREEMENT TO SELL BETWEEN BUYER AND SELLER ON Rs 100 stamp paper duly notarised .( white amount agreement ). The agreement to sell can mention the internal transfer language . That the seller has taken loan from HDFC and the loan is transferred from sellers loan account no.... to your loan account no....
2) Copy of the entire Chain of property papers. ( Builder buyer agreement , allotment letter , possession letter or intimation for possession , receipts of payment , Conveyance deed.
3) PAN CARD , ADDRESS PROOF , AADHAR CARD OF THE SELLER/S DULY SIGNED BY HIM.
4) CANCELLED CHEQUE COPY signed by seller in the account in which he wants the payment.
5) Details of own contribution - copy of the bank statement from which you will be making the payment or payment made (showing own funds from which payment has to be made to seller ).
6) If property registration is above Rs 50 lacs – TDS declaration to be signed.
7) Internal transfer letter as attached .
8) List of docs held by HDFC of the seller . Will try to get this from HDFC . Since this is chargeable and given to borrowers only, your seller may have to arrange for this.

9) PAN CARD , address proof , AADHAR card and one photograph

Property Papers:
·        Permission for construction (where applicable)
·        Registered Agreement for Sale (only for Maharashtra)/Allotment Letter/Stamped Agreement for Sale
·        Occupancy Certificate (in case of ready to move property)
·        Share Certificate (only for Maharashtra), Maintenance Bill, Electricity Bill, Property Tax Receipt
·        Approved Plan copy (Xerox Blueprint) & Registered Development Agreement of the builder, Conveyance Deed (For New Property)
·        Payment Receipts or bank A/C statement showing all the payments made to Builder/Seller
·        Copy of all property paper (complete chain of the property) along with sanction plan & PTM  (approved map by the authority) 



अगर लोन लेना हे तो क्या धयान में रखे क्या पेपर चाहिए

01 .Latest photograph pasted on application form (fully filled and signed). 
02. ID, SV, DOB and Residence proof (Pan card, Voter card, Aadhaar card, Passport & Latest utility bill). 
03. Employee ID card and highest qualification proof. 
04. Last 03 months salary slip. 
05. Last 02 years form-16 and ITR or form-26AS. 
06. Last 06 months salary A/C statement. 
07. Copy of sanction letter of all running loans and track records (if any)Details of existing loans going on along with there sanction letters/schedules and bank statements for last 6 months from where the EMI is being debited.                             
08. List of documents and current outstanding letter. 
09. Copy of all property paper (complete chain of the property) along with sanction plan & PTM  (approved map by the authority) 
10. Processing fees cheque in favour of ...... (6800) 
11. Lawyer fees in case of resale without registry (fees Rs.2000) and with the registry (fees Rs.3500 in NCR or 4000 in Delhi) in Bhiwari 6000 

List of papers/ documents applicable to all applicants:
·        Employer Identity Card
·        Loan Application: Completed loan application form duly filled in affixed with 3 Passport size photographs
·        Proof of Identity (Anyone): PAN/ Passport/ Driver’s License/ Voter ID card
·        Proof of Residence/ Address (Anyone): Recent copy of Telephone Bill/ Electricity Bill/Water Bill/ Piped Gas Bill or a copy of Passport/ Driving License/ Aadhar Card

Account Statement:

·        Last 6 months Bank Account Statements for all Bank Accounts held by the applicant/s
·        If any previous loan from other Banks/Lenders, then Loan A/C statement for last 1 year
Income Proof for Salaried Applicant/ Co-applicant/ Guarantor:
·        Salary Slip or Salary Certificate of last 3 months
·        Copy of Form 16 for last 2 years or a copy of IT Returns for last 2 financial years, acknowledged by IT Dept.




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