The Home Purchase Agreement serves as the primary legal instrument for documenting residential property transactions in India. It is essential when transferring ownership of houses, apartments, or other residential properties, ensuring compliance with Indian property laws including the Transfer of Property Act, RERA, and state-specific regulations. This agreement captures crucial details such as property specifications, payment terms, warranties, and obligations of all parties involved. It provides legal protection to both sellers and purchasers by clearly documenting the terms of sale, conditions precedent, and the process of property transfer. The document becomes particularly important for property registration, loan processing, and establishing clear title transfer, making it a fundamental requirement in Indian real estate transactions.
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1. Parties: Details of the seller and purchaser, including full legal names, addresses, and PAN numbers
2. Background: Brief context of the transaction and property ownership history
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including exact location, boundaries, and built-up area
5. Purchase Price: Total consideration and payment structure
6. Payment Terms: Detailed breakdown of payment schedule, mode of payment, and milestone-linked payments
7. Completion Date: Timeline for transaction completion and property possession
8. Seller's Representations and Warranties: Declarations regarding property title, encumbrances, and legal status
9. Purchaser's Representations and Warranties: Declarations regarding financial capacity and compliance with laws
10. Conditions Precedent: Conditions that must be satisfied before completion
11. Registration and Transfer: Process and obligations for property registration and transfer
12. Costs and Expenses: Allocation of transaction costs, stamp duty, and registration fees
13. Default and Remedies: Consequences of default and available remedies
14. Notices: Process for sending formal communications between parties
15. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction
1. Loan and Mortgage: Include when purchaser is obtaining financing - details of mortgage arrangements
2. Society Membership: Include for apartments/housing societies - terms of society membership transfer
3. Power of Attorney: Include when any party is acting through a representative
4. Property Inspection: Include when specific inspection conditions or findings need to be documented
5. Existing Tenancy: Include when property has existing tenants - handling of tenant rights and notices
6. Development Rights: Include when property has unused development potential or TDR
7. Parking Rights: Include for properties with specific parking arrangements
8. Force Majeure: Include when specific events beyond control need to be addressed
9. Joint Ownership Terms: Include when property is being purchased by multiple buyers
1. Schedule A - Property Details: Detailed property specifications, boundaries, and measurements
2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and timelines
3. Schedule C - Title Documents: List of property ownership and title chain documents
4. Schedule D - Encumbrances: Details of existing charges, liens, or encumbrances
5. Schedule E - Amenities and Fixtures: List of included fixtures, fittings, and amenities
6. Appendix 1 - Property Plans: Architectural plans, layout drawings, and approved plans
7. Appendix 2 - NOCs and Permissions: Copies of necessary permits and no-objection certificates
8. Appendix 3 - Property Photos: Current photographs of the property and its condition
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Banking & Finance
Legal Services
Construction
Property Development
Housing Finance
Insurance
Property Management
Urban Development
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Documentation
Finance
Risk Management
Operations
Customer Relations
Corporate Affairs
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Mortgage Officer
Property Developer
Compliance Officer
Title Officer
Real Estate Analyst
Housing Finance Manager
Property Valuation Expert
Documentation Specialist
Real Estate Transaction Manager
Company Secretary
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