Lawyer for Agreement

Agreement to sell/ Sale Deed


Overview

SALE DEED - A legal instrument that is executed between the seller and the purchaser, which evidences the sale and transfer of ownership of immovable property is a sales deed. It is compulsory to register a sales deed as per Section 17 of the Registration Act,1908. An agreement to sell is an essential document in the process of sale and purchase of a property. It is an essential document as it details how the seller acquired the property, like the date of transaction, amount of consideration, etc. It acts as a critical document, especially for the purchaser, as it establishes the property's proof of ownership. There is a proper process to be followed for registration of Sale Deed wherein land/immovable property is prepared by adequate documentation, paying stamp fee accordingly, and getting it registered in the presence of witnesses.

 Points to be mentioned on the Sale Deed –

  1. Description of the ownership and property
  2. Clear titles verified by the purchaser
  3. Reference to the Agreement to Sell and the price details
  4. Release/discharge of the property with a description of facilities measurements, privileges, easements and other rights
  5. Transfer of all rights, interests, claims, demand whatsoever of the property
  6. Facilitating peaceful enjoyment of the property without hindrance
  7. Indemnifying the purchaser against losses arising out of negligence/actions of seller or heirs
  8. The full authority of the vendor to sell.

AGREEMENT TO SELL –

An agreement to sell is an essential document for any transaction related to the selling of property. It captures the broad contours of the deal, including the details of property, Sale consideration, brief obligations and date by which the deal should be closed and the final Sale deed to be registered. The parties need to understand clearly and discharge its obligations included in an agreement of sale. It is a contractual property agreement between the buyer and the seller to sell a particular property on the terms and conditions as agreed by both parties. There is a time gap between Agreement to sell and registration of Sales Deed. This is the time when both the parties collate documents, and the buyer conducts due diligence of the property.

An Agreement to Sell includes: 

  1. Proposal to purchase and agreement to sell
  2. A detailed description of the property
  3. The provision regarding the requirement of good marketable titles and no encumbrances
  4. Payment details including earnest money
  5. Delivery of original documents on payment
  6. Drafting of sale deed and registration of the same if titles found good
  7. Method of delivery of property
  8. In case of improper claims, a refund of earnest money 
  9. Remedies for non-completion of sale on the part of vendor including specific performance and bearing of the expense of proceedings.
  10. If the purchaser fails to complete the sale, forfeiture of earnest money.
  11. Action if the property is affected by notice from government authorities.
  12. Production of tax-related certificates
  13. Schedule description of the property
  14. Memo of consideration for earnest money received
  15. 15.Matters incidental to the proposed sale

Sabkuch Legal has empaneled the best lawyers who expertise in drafting an agreement to sell & sale deed and get them registered with the Sub-Registrar. 

Procedure

procedure of sale deed

Frequently Asked Questions

I want to sell my property. What are the documents a buyer would need from me?

A buyer could ask you for the original Sale Deed, Title Deed, relevant tax receipts, and Encumbrance Certificate.

Is it mandatory to register documents for the sale of a property?

It is required to register. One can get it done at the sub-registrar's office of the concerned district.

How much time does the registrar take in the process? 

The registrar usually takes 3 to 4 hours in the process of registration of the property.

Can a power of attorney holder sign an agreement to sell?

If a power of attorney is authorized under the Power of Attorney agreement, then he can.

What are all documents required for registering the Sale Deed?

Following documents will be required for registering the property: 

  • PAN Card, 
  • Aadhar card, 
  • Original papers of the property on which the document of Sale Deed is to the making,
  •  Property Tax Bill, 
  • If the property is mutilated then the mutilation papers and
  • Passport size photograph of both the parties.

Why Choose Us?

Why choose us for sale deed

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