The Deed of Sale of Land is a crucial legal instrument in Indian property transactions that formally transfers immovable property ownership from one party to another. It is essential for any land transaction in India and must comply with multiple legislations including the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific property laws. This document is used when there is a permanent transfer of land ownership for monetary consideration, whether for residential, commercial, or agricultural purposes. The deed must contain specific details about the property, parties involved, consideration amount, and various statutory declarations. It requires execution on appropriate stamp paper, mandatory registration at the Sub-Registrar's office, and often involves careful title verification. The document serves as permanent evidence of the transfer and is crucial for establishing a clear chain of property title.
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1. Parties: Details of the vendor/seller and purchaser/buyer including names, ages, addresses, and legal capacity
2. Background: Recitals establishing the vendor's ownership, intent to sell, and purchaser's agreement to buy
3. Definitions: Definitions of key terms used in the deed including 'Property', 'Consideration', 'Encumbrances', etc.
4. Details of Property: Brief description of the property being sold with reference to detailed description in Schedule
5. Consideration: Purchase price, payment terms, and acknowledgment of receipt
6. Vendor's Title and Capacity: Declaration of vendor's absolute ownership and right to transfer
7. Free from Encumbrances: Declaration that property is free from all encumbrances, charges, and claims
8. Possession: Terms regarding delivery of physical possession to the purchaser
9. Vendor's Covenants: Warranties and representations by the vendor regarding title, peaceful possession, and indemnification
10. Purchaser's Covenants: Obligations of the purchaser including payment terms and compliance with regulations
11. Execution and Registration: Requirements for execution, registration, and bearing of expenses
1. Agricultural Land Compliance: Required when the land is agricultural, including necessary permissions and land ceiling act compliance
2. Ancestral Property Declaration: Required when property is ancestral, including consent of family members
3. Mortgage Details: Required when property has existing mortgage that needs to be discharged
4. Development Rights: Required when transferring or reserving development rights or TDR
5. Power of Attorney: Required when either party is acting through an attorney
6. Society NOC: Required when property is part of a housing society
7. Previous Agreements: Required when there are existing agreements affecting the property
1. Schedule A - Property Description: Detailed description of property including boundaries, measurements, and survey numbers
2. Schedule B - Title Documents: List of title documents and their chain of custody
3. Schedule C - Encumbrance Certificate: Details of recent encumbrance certificate
4. Schedule D - Payment Terms: Detailed breakdown of consideration and payment schedule if applicable
5. Schedule E - Outstanding Dues: List of pending utilities, taxes, or other dues
6. Schedule F - Permits and Approvals: List of relevant permits, approvals, and NOCs
7. Schedule G - Property Documents: List of property cards, tax receipts, and other relevant documents being handed over
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