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Installment Sales Contract (Real Estate) Template for India

A legally binding agreement governed by Indian law that facilitates the sale of real estate property through structured installment payments. This contract outlines the terms and conditions for the gradual purchase of property, including payment schedules, possession arrangements, and title transfer conditions. It complies with Indian real estate regulations, including the Transfer of Property Act, RERA, and relevant state laws, while protecting both seller and purchaser interests through clear specification of rights, obligations, and remedies in case of default.

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What is a Installment Sales Contract (Real Estate)?

The Installment Sales Contract (Real Estate) is a specialized agreement used in Indian property transactions where the purchase price is paid in predetermined installments over time, rather than as a single lump sum. This document is particularly relevant in situations where buyers prefer or require structured payment plans for significant real estate purchases. It includes comprehensive details about payment schedules, property specifications, possession terms, and title transfer conditions, all compliant with Indian property law. The contract is designed to protect both parties' interests by clearly defining rights, obligations, and remedies while ensuring compliance with the Transfer of Property Act, RERA, and state-specific real estate regulations. It's commonly used in both residential and commercial property transactions, providing a secure framework for installment-based property acquisitions.

What sections should be included in a Installment Sales Contract (Real Estate)?

1. Parties: Identification and details of the seller and purchaser including full legal names, addresses, and registration details if applicable

2. Background: Context of the transaction, brief description of the property, and intent of parties to enter into an installment sale arrangement

3. Definitions: Key terms used throughout the agreement including Property, Purchase Price, Installments, Completion Date, etc.

4. Sale and Purchase: Core agreement to sell and purchase the property, including the total purchase price

5. Payment Terms: Detailed structure of installment payments including amounts, due dates, and payment methods

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

7. Title and Ownership: Provisions regarding transfer of title, current encumbrances, and final ownership transfer conditions

8. Possession: Terms regarding property possession, maintenance responsibilities, and interim rights

9. Representations and Warranties: Seller's warranties about property title, encumbrances, and purchaser's acknowledgments

10. Default and Remedies: Consequences of payment default, cure periods, and available remedies

11. Registration and Expenses: Responsibilities for registration, stamp duty, and other transaction costs

12. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction over disputes

13. Notices: Process and addresses for serving notices between parties

14. General Provisions: Standard clauses including entire agreement, amendments, and severability

What sections are optional to include in a Installment Sales Contract (Real Estate)?

1. Insurance: Requirements for property insurance during the installment period - include when property is being transferred before full payment

2. Property Usage Restrictions: Limitations on property use during the payment period - relevant for immediate possession cases

3. Assignment: Rights to assign the contract to third parties - include for longer-term contracts

4. Tax Provisions: Detailed tax obligations - include when complex tax implications exist

5. Force Majeure: Provisions for unforeseen circumstances - relevant for longer-term contracts

6. Property Management: Management responsibilities if possession is transferred before completion - include for immediate possession cases

7. Escrow Arrangements: Terms for holding documents in escrow - include when using escrow services

What schedules should be included in a Installment Sales Contract (Real Estate)?

1. Schedule 1 - Property Description: Detailed property description including exact measurements, boundaries, and included fixtures

2. Schedule 2 - Payment Schedule: Detailed installment payment schedule with dates, amounts, and payment methods

3. Schedule 3 - Property Documents: List of property documents, titles, and certificates to be transferred

4. Schedule 4 - Encumbrances: List of existing encumbrances, if any, and their status

5. Schedule 5 - Completion Requirements: Checklist of requirements for final transfer of title

6. Appendix A - Property Plans: Architecture plans, layout drawings, and property maps

7. Appendix B - Photographs: Current photographs of the property and its major features

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Cost

Free to use

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