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The bayana agreement must be countersigned by the parties, and there should be one witness from both sides of the parties before whom the entire procedure takes place. Before paying the money, make sure that the property is registered in the name of the seller to whom the bayana is paid.
The Bayana agreement is a legal document that can be acknowledged as legal proof in a court of law in the event of any dispute between the contracting parties because it is controlled by the Indian Contract Act, of 1872.
Agreement to sell or Deed of Agreement is registered for sale of leasehold property or when there is a promise to transfer in future. As the name specifies, Agreement to sell is registered when the seller is not the absolute owner of the property & agrees to sell the property as the title vests with the government.
The legal basis In India, the 'Property Sale Agreement' comes under the Indian Contract Act,1872, the Registration Act,1908, and the Transfer of Property Act. This is applicable no matter who the seller is ? friend, family, acquaintance or complete stranger.
On 50 rs stamp paper of bayana agreement, there is one option of property purchased by . In this column seller gives his name and one more column stamp duty paid by in this also seller gives his name.
The difference between an agreement to sell and bayana lies in their nature and purpose. Agreement to sell refers to the contractual arrangements for transferring ownership in the future. Bayana refers to the advance payment made by the buyer as a amount to purchase the property.
A sales contract should include the type of agreement, its parties, their responsibilities, the cost of services or goods, deadlines, delivery details, termination conditions, and penalties. Different types of sales contracts will also include other information related to the type of deal.