The bank requires us to complete the registration process before releasing the cheque. Is this standard procedure?

Yes, this is a common process. Below is a structured guide to help you navigate it smoothly.
BANK INVOLVEMENT IN THE REGISTRATION PROCESS Some banks prefer to have their representative physically present at the Sub-Registrar Office during registration. In such cases, the representative collects the title documents and hands over the cheque to the seller on-site. However, reputed banks such as SBI, LIC, and HDFC usually issue a No Objection Certificate (NOC) under Section 88 of the Registration Act, exempting their physical presence.

(We encircled section 88 in below NOC for your reference).

NOC scaled
Once the NOC is issued, the bank provides the buyer with the MODT (Memorandum of Deposit of Title Deeds). Refer to below MODT copy modt scaled mott scaled
STEPS FOR THE BUYER
  1. Register both the Sale Deed and MODT at the Sub-Registrar Office.
  2. Immediately after registration, submit the following documents to the bank:
  • Registered Sale Deed
  • Registered MODT
  • Encumbrance Certificate
  • Parent Deed
  • Latest Tax Paid Receipt
  • eKhata
  • Any other supporting property documents (e.g., Society NOC, utility bills)
  1. Upon receiving these documents, the bank will hand over the cheque to the seller.
GUIDELINES FOR THE SELLER
  • At the Sale Agreement stage, collect at least 20% of the sale value as a down payment.
  • Ask the bank to confirm that the cheque is ready. Preferably, get a copy or image of the cheque.
  • Once confirmed, finalize the registration date.
  • Both parties proceed to register the Sale Deed.
  • Post-registration, the buyer submits the title documents to the bank, and the seller collects the cheque
IMPORTANT CLAUSES TO INCLUDE IN THE SALE DEED Include these clauses for legal safety and clarity:
  • Mention full financial details, including cheque number.
  • Sale deed is void if full and final payment is not realized.
  • Property possession remains with the seller until full payment is received.
  • If terminated, the buyer must execute a cancellation agreement at their expense. Failure to do so allows recovery of expenses from the paid amount.
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