The Sale Deed Agreement is the primary instrument for transferring immovable property ownership in India. This document is essential whenever there is a sale of immovable property, whether it's land, buildings, or both. The agreement must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state laws. It captures crucial details including the parties' information, property description, consideration amount, payment terms, and warranties. The document must be executed on appropriate stamp paper, witnessed, and registered at the sub-registrar's office. A properly executed Sale Deed Agreement provides definitive proof of ownership and protects both parties' interests in the transaction. It's particularly important as it forms part of the chain of property titles and is scrutinized during future property transactions or legal proceedings.
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1. Parties: Details of the seller(s) and purchaser(s) including their full names, ages, occupations, and complete addresses
2. Background: Brief history of the property ownership, context of the sale, and any relevant previous agreements
3. Definitions: Definitions of key terms used throughout the deed including 'Property', 'Consideration', 'Completion Date', etc.
4. Details of Property: Comprehensive description of the property being sold including its location, boundaries, and measurements
5. Consideration: Purchase price, payment terms, and method of payment
6. Transfer of Title: Clear statement transferring all rights, title, and interest in the property from seller to purchaser
7. Seller's Representations and Warranties: Declarations regarding property ownership, absence of encumbrances, and authority to sell
8. Property Possession: Terms and conditions for handling over physical possession of the property
9. Expenses and Taxes: Distribution of responsibilities for registration charges, stamp duty, and other transaction costs
10. Governing Law and Jurisdiction: Specification of applicable laws and courts having jurisdiction
1. Third Party Rights: Section needed when there are existing tenants or other parties with rights over the property
2. Mortgage Details: Required when the property has an existing mortgage that needs to be discharged
3. Power of Attorney: Include when any party is acting through an authorized representative
4. Joint Ownership Terms: Necessary when multiple purchasers are buying the property
5. Construction Details: Required for properties under construction or recently completed
6. Compliance with RERA: Needed for sale of properties in real estate projects covered under RERA
7. Foreign Exchange Compliance: Required when either party is an NRI/PIO or foreign national
1. Schedule A - Property Description: Detailed technical description of the property including exact measurements, boundaries, and survey numbers
2. Schedule B - Title Documents: List of all title documents and their chain of custody
3. Schedule C - Encumbrances: Details of any existing charges, liens, or encumbrances on the property
4. Schedule D - Payment Schedule: Detailed breakdown of payment terms and installments if applicable
5. Schedule E - Property Tax Records: History of property tax payments and current status
6. Appendix 1 - Property Plans: Approved architectural plans, site plans, and location maps
7. Appendix 2 - Permissions: Copies of relevant governmental and municipal permissions
8. Appendix 3 - Previous Agreements: Copies of any relevant previous agreements or contracts
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