AGREEMENT TO SELL WITH POSSESSION
- PARTIES AND TRANSACTION
This agreement is made on 1 April 2026 between Harpreet Singh, of House 118, Sector 35-A, Chandigarh, and Aarav Sharma, of House 211, Sector 21, Panchkula.
The property agreed to be sold is House 52, Sector 8, Chandigarh.
Seller capacity: Sole owner. Possession when signed: Seller in possession.
- PRICE AND PAYMENT
The total sale consideration is ₹2,50,00,000 (Rupees Two Crore Fifty Lakh only). Earnest/token money is ₹25,00,000 (Rupees Twenty Five Lakh only), leaving balance consideration of ₹2,25,00,000 (Rupees Two Crore Twenty Five Lakh only).
Payment mode: Bank transfer. Payment schedule: ₹25,00,000 on signing; balance on registration after title conditions are satisfied..
Tax withholding: Buyer will deduct and deposit tax where the applicable income-tax provision requires it.
- TITLE, DOCUMENTS AND DILIGENCE
Seller relies on the following title/allotment/conveyance record: Sale Deed no. 1842 dated 12 June 2018, Chandigarh.
Diligence position: Buyer will complete title diligence before the stated diligence deadline. Objections should be raised by 2 April 2026.
Encumbrance covenant: Seller will convey free from undisclosed mortgages, charges, liens and third-party rights.
Dues: Seller clears dues attributable to the period before completion.
- POSSESSION BEFORE CONVEYANCE
Possession delivery date: 3 April 2026. Character: Possession delivered in part performance of this written contract.
Where a written contract is intended to support the protection of part performance under section 53A of the Transfer of Property Act, 1882, section 17(1A) of the Registration Act, 1908 requires registration; an unregistered post-2001 document has no effect for the purposes of section 53A.
Risk before conveyance: Seller retains ownership risk except damage caused by buyer after possession.
Alterations: Only non-structural work with seller written consent.
Occupation charge: No separate occupation charge; possession is part of the sale arrangement.
- OWNERSHIP REMAINS WITH SELLER UNTIL CONVEYANCE
Delivery of possession under this agreement does not itself transfer ownership. The buyer must not represent itself as registered owner, create third-party rights, mortgage the property or part with possession before conveyance except as expressly authorised.
- SELLER COVENANTS DURING INTERIM POSSESSION
The seller must not create a new mortgage, sale, lease or adverse third-party right after this agreement except a disclosed financing release arrangement necessary for completion.
- FAILURE OF COMPLETION AFTER POSSESSION
If completion fails, possession cannot be recovered by force. The parties must follow the contractual and lawful remedies applicable to refund, specific performance, restitution, use/occupation accounting and possession.
- COMPLETION AND CONVEYANCE
The parties will complete the sale and execute/register the required conveyance by 4 April 2026, subject to the conditions stated in this agreement.
Section 54 of the Transfer of Property Act, 1882 treats a contract for sale as an agreement that a sale will take place on settled terms; the contract does not by itself create an interest in or charge on the property. The final transfer of ownership must occur through the legally required conveyance/registered instrument.
- DEFAULT AND REMEDIES
Buyer default: Seller may terminate and claim reasonable compensation subject to law and the stated earnest-money clause. Seller default: Buyer may seek refund with agreed lawful compensation or pursue available contractual remedies.