Is Sale Deed Without Possession is Void?

Shakti

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0 July 31, 2024

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Wondering, If the sale deed without possession is void? A sale deed without possession is not necessarily void, but it can create complications.

Let’s break it down:

Validity of Sale Deed:

A sale deed is a legal document that transfers ownership from the seller (vendor) to the buyer (vendee).
Its validity doesn’t depend on immediate possession. The transfer of title occurs upon execution of the deed, regardless of possession.

Importance of Possession:

Possession is crucial for practical purposes (occupying the property, using it, etc.).
Delayed possession doesn’t invalidate the sale deed, but it can lead to disputes or legal actions.

Risk Factors:

If the buyer doesn’t get possession as promised, they may seek remedies like specific performance or compensation.
The seller must honour the terms of the sale deed, including delivering possession.

Remember, while possession and sale deed validity are separate, they intersect in real-world scenarios.

What is the Difference Between Sale Deed and Settlement Deed?