The Deed of Sale of Portion of Land is a crucial legal instrument in Indian property law, used when a landowner wishes to sell a specific portion of their landholding while retaining the remaining portion. This document is essential for various purposes including real estate development, industrial expansion, or personal property transactions. It must comply with multiple Indian legislations including the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state laws. The deed requires careful drafting to include precise property descriptions, clear title transfer terms, and necessary warranties. It's particularly important in urban development scenarios where larger land parcels are subdivided for development or sale. The document must be registered with appropriate authorities and adequately stamped to be legally enforceable.
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1. Parties: Identification of the Vendor/Seller and Purchaser/Buyer with complete details including names, ages, addresses, and legal capacity
2. Background: Recitals explaining the ownership history of the land, intent to sell a portion, and any relevant prior agreements
3. Definitions: Definitions of key terms used in the deed including 'Property', 'Completion Date', 'Purchase Price', etc.
4. Details of Property: Precise description of the portion of land being sold including boundaries, measurements, and share being transferred
5. Consideration: Statement of the sale price, payment terms, and acknowledgment of receipt
6. Vendor's Title and Capacity: Declarations regarding the Vendor's absolute ownership and right to sell
7. Vendor's Covenants: Warranties and representations regarding title, encumbrances, and peaceful possession
8. Transfer of Rights: Operative part transferring all rights, title, and interest in the property
9. Possession: Terms regarding the delivery of physical possession
10. Registration and Expenses: Provisions regarding registration of the deed and responsibility for expenses
11. Execution: Signing and witnessing requirements
1. Power of Attorney: Required if any party is acting through an authorized representative
2. Conditions Precedent: Include if there are specific conditions to be fulfilled before completion
3. Development Rights: Include if transferring or reserving any development rights
4. Environmental Compliance: Required if the land falls under environmental protection zones
5. Agricultural Land Conversion: Include if the land requires conversion from agricultural to non-agricultural use
6. Easement Rights: Include if creating or preserving any rights of way or other easements
7. Tax Compliance: Include specific sections about tax obligations if complex tax implications exist
1. Property Description Schedule: Detailed technical description of the property including survey numbers, measurements, and boundaries
2. Title Documents Schedule: List of all title documents and prior agreements relating to the property
3. Payment Schedule: If payment is in installments, detailed schedule of payment terms and dates
4. Encumbrances Schedule: List of existing encumbrances, if any, affecting the property
5. Site Plan: Approved plan showing the portion being sold with measurements and boundaries
6. Land Use Permissions: Copies of relevant permissions and approvals from authorities
7. Property Tax Records: Details of property tax payments and pending dues
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