The Real Estate Purchase Contract serves as the primary legal instrument for documenting property transactions in India. It is essential for both residential and commercial property transfers, ensuring compliance with Indian property laws including the Transfer of Property Act 1882, Registration Act 1908, and Real Estate (Regulation and Development) Act 2016. This document is used when parties have agreed to the sale and purchase of real property and need to formalize the transaction terms. It captures crucial details such as property description, purchase price, payment schedule, warranties, and closing requirements. The contract must adhere to state-specific regulations regarding stamp duty, registration, and local property laws. It's particularly important in India's complex real estate landscape where multiple regulatory requirements and stakeholder interests need to be carefully balanced.
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1. Parties: Identification and details of the seller and purchaser, including their complete legal names, addresses, and registration details if entities
2. Background: Context of the transaction, brief property history, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including exact location, measurements, boundaries, and registration details
5. Purchase Price: Total consideration, payment structure, deposit requirements, and payment methods
6. Payment Terms: Detailed payment schedule, installment details, and consequences of default
7. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, litigation, tax status, etc.
8. Purchaser's Representations and Warranties: Purchaser's declarations regarding financial capacity, compliance with laws, etc.
9. Conditions Precedent: Conditions that must be satisfied before completion of the sale
10. Title and Transfer: Provisions regarding transfer of title, registration requirements, and related procedures
11. Possession: Terms and conditions for handover of property possession
12. Closing Requirements: Documentation and procedures required for completing the transaction
13. Expenses and Taxes: Allocation of transaction costs, stamp duty, registration fees, and taxes
14. Default and Remedies: Consequences of breach and available remedies
15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction
16. Notices: Method and addresses for serving notices
17. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
1. Mortgage/Loan Provisions: Required when purchase involves bank financing, including lender requirements and conditions
2. Development Rights: Applicable for properties with unused development potential or TDR
3. Society/Association Requirements: For properties in housing societies or apartments, including society transfer requirements
4. Tenant Rights: Required when property is currently tenanted
5. Power of Attorney: When any party is acting through an attorney
6. Joint Ownership Provisions: When property is being purchased by multiple buyers
7. Foreign Exchange Compliance: Required for non-resident buyers or sellers
8. Agricultural Land Conversion: When property requires conversion from agricultural to non-agricultural use
1. Property Schedule: Detailed property description, including exact measurements, boundaries, and fixtures
2. Payment Schedule: Detailed breakdown of payment installments and timelines
3. Title Documents: List of title documents and chain of title
4. Encumbrance Certificate: Recent encumbrance certificate details
5. Property Tax Records: History of property tax payments and current status
6. Approved Plans: Copies of approved building plans and permits
7. Inventory: List of fixtures and fittings included in the sale
8. Due Diligence Report: Summary of legal and technical due diligence findings
9. Required Approvals: List of necessary governmental and regulatory approvals
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