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CHello everyone,
I’m seeking advice on a property sale situation in Delhi.I am selling my property (builder floor) to the owner of the floor below mine.
We wish to continue staying in the property for up to 6 months after the registry is completed.
Questions we are facing:
1. Should we include a clause for continued occupancy in the Sale agrement itself (to be signed with full sale amount upon receipt of bayaana/10% money) or should we sign a separate Lease/Licence Agreement?
2. A notary in Dwarka advised us that a lease or licence cannot be signed before registry, because that would imply the buyer already owns the property — which is not yet the case until registration is done.
3. However, adding a clause in the Sale agreement (the one signed upon receipt of bayaana) about continued occupancy seems problematic too. This is why I feel so:
It is common practice for the Sale Agreement to mention full sale consideration (which in our case exceeds the circle rate) and
It is also common to “tear” this paper and any addendum clauses that complicate registration or raise scrutiny, such as possession not transferring immediately, at the time of registration of property in new owners name.
Given these issues, what is the correct and practical legal way to ensure:
1. We can stay for 6 months after the sale closes;
2.Both buyer and seller are legally protected;
3. We do not face future disputes.
Would really appreciate guidance on:
Correct documents to use (sale agreement with addendum vs lease/license);
Timing of signing of above (before or after registration);
Any typical practices in Delhi for such situations.
Thank you in advance!
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