The Plot Sale Agreement is a fundamental document in Indian real estate transactions, essential for documenting the terms and conditions of plot purchases before the execution of the final sale deed. This agreement is used when parties have agreed to the sale of a plot but need time to complete the transaction, often due to pending payments or documentation. It must comply with the Transfer of Property Act 1882, Registration Act 1908, and relevant state laws. The document typically includes detailed property descriptions, payment schedules, warranties about title, possession terms, and completion requirements. It serves as crucial evidence of the transaction's terms and protects both parties' interests during the interim period between agreement and final sale deed execution. The agreement's format and requirements may vary by state, as land is a state subject under the Indian Constitution.
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1. Parties: Details of the seller and purchaser including names, addresses, and legal status
2. Background: Context of the sale, brief property introduction, and seller's ownership history
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale Agreement: Core agreement to sell and purchase the plot with basic property details
5. Consideration: Purchase price and payment terms including installment structure if applicable
6. Property Details: Detailed description of the plot including measurements and boundaries
7. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal status
8. Seller's Covenants: Seller's obligations before and until completion
9. Purchaser's Representations and Warranties: Purchaser's declarations regarding capacity to purchase and financial ability
10. Completion: Details of closing process, documentation, and registration requirements
11. Possession: Terms and conditions for handover of physical possession
12. Expenses: Division of costs including stamp duty, registration fees, and other expenses
13. Indemnification: Mutual indemnification clauses for breach of representations
14. Notices: Process for sending official communications between parties
15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
16. Dispute Resolution: Process for resolving disputes including mediation/arbitration
17. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Conditions Precedent: Specific conditions that must be met before completion, used when there are pending approvals or clearances
2. Development Rights: Details of development potential and restrictions, included for undeveloped plots
3. Environmental Matters: Environmental clearances and obligations, included for environmentally sensitive areas
4. Third Party Rights: Details of existing tenancies or rights, included when applicable
5. Tax Matters: Specific tax implications and responsibilities, included for complex transactions
6. Force Majeure: Provisions for unforeseen circumstances, included in areas prone to natural disasters
7. Change in Law: Provisions dealing with legislative changes, included in long-term payment structures
8. Assignment: Rights to transfer the agreement, included when needed by purchaser
1. Schedule 1 - Property Description: Detailed property specifications including survey numbers, measurements, and boundaries
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms, installments, and due dates
3. Schedule 3 - Title Documents: List of title documents and ownership chain
4. Schedule 4 - Encumbrances: Details of existing charges, liens, or encumbrances if any
5. Schedule 5 - Completion Requirements: List of documents required for completion
6. Appendix A - Property Plan: Site plan, layout, and location maps
7. Appendix B - Land Use Certificate: Copies of land use permissions and zoning certificates
8. Appendix C - Tax Records: Property tax payment receipts and assessment details
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