What is the Banakhat / Agreement to Sale in terms of Property? | Call to Lawyer 9925002031  | Advocate Paresh M Modi

The term “Banakhat or “Agreement to sale” refers to a legal agreement made between a buyer and a seller for the sale of property. It is a preliminary agreement where the seller agrees to sell a specific property to the buyer under certain terms and conditions, and the buyer agrees to purchase the property accordingly.

Here are some key aspects typically covered in a Banakhat / Agreement to sale:

 

  1. Identification of Parties: The agreement will identify the seller (vendor) and the buyer (vendee).

 

  1. Property Details: It will specify the details of the property being sold, such as its address, size, boundaries, and any other relevant descriptions.

 

  1. Terms of Sale: This includes the purchase price agreed upon by both parties, the mode of payment (whether it’s a lump sum or in installments), and the schedule of payments.

 

  1. Earnest Money: Often, the buyer pays a token amount known as earnest money to signify their seriousness about the purchase. This amount is adjusted against the total purchase price at the time of closing the sale.

 

  1. Conditions and Representations: The agreement may include conditions that need to be fulfilled before the sale can be completed, such as obtaining clear title to the property, approvals from relevant authorities, etc. It may also include representations by the seller regarding the property’s legal status, encumbrances (if any), etc.

 

  1. Date of Possession and Transfer of Title: The banakhat / Agreement to sale specifies the date on which possession of the property will be handed over to the buyer and when the title of the property will be transferred.

 

  1. Penalties for Breach: It may outline penalties or consequences in case either party fails to fulfill their obligations under the agreement.

 

It’s important to note that a banakhat / Agreement to sale is typically a precursor to the final sale deed (registered deed of conveyance), which legally transfers the ownership of the property from the seller to the buyer. The sale deed is executed after all conditions mentioned in the banakhat / Agreement to sale are fulfilled and after payment of the entire purchase price.

In essence, a Banakhat / Agreement to sale acts as a safeguard for both parties involved in a property transaction, ensuring clarity and commitment before proceeding to the final transfer of ownership.

 

બાનાખત અથવા વેચાણ માટેનો એગ્રીમેંટ એટલે શુ?

બાનાખત અથવા વેચાણ માટેનો એગ્રીમેંટ સમઝો તો તે એવું એક કાનૂની ચૂકવણીનું દસ્તાવેજ છે જેમણે વિક્રેતા અને ખરીદદાર વચ્ચે સંપત્તિના વેચાણના મુદ્દે કરે છે. આ એક પૂર્વદૃષ્ટિની ચૂકવણી છે જ્યાં વિક્રેતા સ્પષ્ટ શરતો અને અવશ્યકતાઓ સાથે તેમની સંપત્તિને વેચવાની રજૂઆત કરે છે, અને ખરીદદાર આવા પ્રોપર્ટી વેચનાર ને મળે છે અને તેમની રજૂઆતથી વિક્રેતાની સંપત્તિને ખરીદવાની રજૂઆત કરે છે.

આ બાનાખતમાં નીચેના મુદ્દો શામેલ થાય છે:

  1. પક્ષોનું ઓળખણ: આ ચૂકવણીમાં વિક્રેતા (વેન્ડર) અને ખરીદદાર (વેન્ડી)નું ઓળખણ થાય છે.
  2. સંપત્તિનુ વર્ણન: તે વિક્રેતાની વેચાણ કરવામાં આવતી સંપત્તિની વિગતો સ્પષ્ટ કરવામાં આવે છે, જેમણે તેનું સ્થાન, કદ, બાઉન્ડરીઝ અને અન્ય સંબંધિત વર્ણન થાય છે.
  3. વેચાણની શરતો: આમ કેટલાક શરતો જોઈએ જેમ કે વેચાણ ભાવ, ચુકવણીની પ્રક્રિયા (શું એક રાશિ અથવા હિસાબથી ચુકવવી છે), અને ચુકવણીની સમયગાળા.
  4. અર્નેસ્ટ મની: સામાન્યતઃ, ખરીદદાર એક ટોકન રકમ ચૂકવે છે જેની આવાજે તેમની વેચાણ પર ગમવાની ભાવના રાખે છે. આ રકમ ચુકવણીની મોટી કરવામાં અનુમતિ આપી જાય છે.
  5. શરતો અને પ્રતિનિધિત્વો: ચૂકવણીમાં વર્ણવામાં આવે છે કે જ્યારે ખરીદદારે પૂરી કરવા પહેલાંની શરતોને પૂરા કરવાની આવશ્યકતાઓ, કાનૂની દરજો, વગેરે હોય તેવી શરતો જનાવે છે. તે વિક્રેતા દ્વારા સંપત્તિનો કાનૂની સ્થિતિ, વારસવાસો (જો હોય તો) વગેરે પ્રતિનિધિત્વો પણ શામેલ થાય છે.
  6. પઝેશન ની તારીખ અને શીર્ષકની સ્થાનાંતરણ: બાનાખત નક્કી કરે છે કે ક્યારે પઝેશન પ્રદાન કરવી છે અપ્રપત્તિનું શીર્ષક ક્યારે ટ્રાન્સફર કરવું છે.
  7. ઉલટી કાયદાની ભરપાઈ: ચૂકવણીમાં જે કોણે પણ પક્ષ તે અપની જવાબદારીઓને આપવાનું ફેરફાર કરે છે, તે વિશે દંડાંધિકારી વચનાંત મુજબ વર્ણવામાં આવે છે.

આ રીતે, બાનાખત વાસ્તવિકતામાં સ્થિરતા અને જવાબદારીને જાળવે છે અને સંપત્તિના ટ્રાન્ઝફર પ્રક્રિયા પ્રારંભ થાય છે.

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Author: Advocate Paresh M Modi

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