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Agreement To Sell And Sale Deed Template for India

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Key Requirements PROMPT example:

Agreement To Sell And Sale Deed

"I need an Agreement to Sell and Sale Deed for the transfer of my residential property in Mumbai to an individual buyer, with completion scheduled for March 2025, including standard payment terms with 20% initial deposit."

Document background
The Agreement to Sell and Sale Deed is a fundamental legal instrument in Indian property transactions, essential for documenting and executing the transfer of immovable property. This document is used when parties wish to first formalize their intention to sell/purchase through an Agreement to Sell, followed by the actual transfer through a Sale Deed. The document must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific stamp duty laws. It is particularly important as it serves both as a preliminary contract and the final instrument of transfer, protecting both parties' interests throughout the transaction process. The document includes crucial details such as property description, consideration amount, payment terms, warranties about title, and conditions for transfer, making it a comprehensive record of the property transaction.
Suggested Sections

1. Parties: Details of the seller(s) and purchaser(s) including names, ages, addresses, and legal capacity

2. Background: Context of the transaction, brief history of property ownership, and intention to sell/purchase

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property being sold including boundaries, measurements, and registration details

5. Consideration: Purchase price, payment terms, and schedule of payments

6. Title and Ownership: Seller's declarations regarding clear title and right to sell the property

7. Warranties and Representations: Seller's warranties regarding property title, encumbrances, and legal status

8. Covenants: Obligations of both parties before and after the sale

9. Possession: Terms and conditions for handling over possession of the property

10. Registration and Expenses: Details about registration process and allocation of associated expenses

11. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction

12. Execution: Signature clauses and witness details

Optional Sections

1. Mortgage Details: Include when property has existing mortgage or charges that need to be cleared

2. Power of Attorney: When any party is represented through a power of attorney

3. Outstanding Dues: When there are pending utility bills, taxes, or other charges to be addressed

4. Pending Litigation: When there are ongoing legal proceedings affecting the property

5. Third Party Rights: When there are existing tenants or other third-party interests in the property

6. Development Rights: When transferring properties with unused development potential or TDR

7. Indemnification: Specific indemnity clauses for identified risks or concerns

8. Force Majeure: When parties want to address unforeseen circumstances affecting completion

Suggested Schedules

1. Schedule A - Property Description: Detailed property description including exact measurements, boundaries, and survey numbers

2. Schedule B - Title Documents: List of all title documents and chain of title for the past 30 years

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms and installments

4. Schedule D - Encumbrance Certificate: Recent encumbrance certificate and details of any existing charges

5. Schedule E - Property Tax Receipts: Copies of recent property tax payments and assessment details

6. Schedule F - Approved Plans: Copies of approved building plans and permits

7. Schedule G - Inventory: List of fixtures and fittings included in the sale

8. Schedule H - Outstanding Liabilities: Details of pending dues and liabilities to be cleared before sale

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Housing

Commercial Real Estate

Urban Development

Infrastructure

Property Management

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Finance

Risk Management

Asset Management

Contract Administration

Corporate Affairs

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Property Developer

Real Estate Agent

Compliance Officer

Contract Manager

Property Registrar

Title Officer

Real Estate Administrator

Legal Document Specialist

Property Acquisition Manager

Real Estate Transaction Coordinator

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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