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I have purchased a site from my friend. My friend got the site by allotment of BDA and has paid the full value to the BDA, which has executed a conditional sale deed.  The sale deed has put a condition that the transferee should not sell the site for a period of 10 years from 1986 that is up to 1996, whereas I purchased it in 1994.  I have paid full price and the sale deed is registered in my name.  Please advise whether the condition put by BDA would trouble me.

- by Gopalkrishna, Bangalore

You need not worry about the condition put by the BDA in the conditional sale deed.  Once the transferor that is the seller receives the entire agreed consideration and hands over the possession of the property to the transferee that is the purchaser, the sale becomes absolute and any conditions in the sale deed do not hold good.  Section 10 of the Transfer of Property Act 1882 is very clear in this regard.  The restriction on sale can be put only in lease deed. The BDA rules are also amended and it executes absolute sale deed.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.