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Lease Sale Agreement for India

Lease Sale Agreement Template for India

A comprehensive legal document governed by Indian law that combines both lease and sale elements for property transactions. This agreement establishes the terms and conditions for both the eventual sale of a property and its interim lease arrangement, including purchase price, lease rent, payment schedules, and transfer conditions. The document complies with the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state-specific property laws, ensuring proper documentation of property transfer rights, lease terms, and eventual ownership transfer conditions.

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What is a Lease Sale Agreement?

The Lease Sale Agreement is a specialized legal instrument used in Indian property transactions where parties wish to combine both leasing and purchasing arrangements in a single transaction. This type of agreement is particularly useful when the buyer/lessee wants immediate possession of the property but prefers or needs to defer the complete purchase, often due to financial considerations or strategic business planning. The document incorporates elements from both lease and sale agreements, complying with Indian property law requirements including the Transfer of Property Act, Registration Act, and state-specific regulations. It typically includes detailed terms about property possession, maintenance responsibilities, payment schedules for both lease and purchase components, and conditions for eventual property transfer. This agreement type is commonly used in commercial real estate transactions, particularly in situations involving large properties or when businesses need flexible property acquisition arrangements.

What sections should be included in a Lease Sale Agreement?

1. Parties: Identification and details of the lessor/seller and lessee/buyer

2. Background: Context of the transaction and brief property history

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including boundaries and measurements

5. Sale Consideration: Purchase price, payment terms, and schedule

6. Lease Terms: Duration, rent amount, payment schedule, and renewal terms

7. Possession and Handover: Terms and conditions for property possession and handover

8. Representations and Warranties: Declarations by both parties regarding property title, authority to contract, etc.

9. Covenants: Obligations of both parties during the lease period

10. Maintenance and Repairs: Responsibilities for property maintenance and repairs

11. Insurance: Requirements for property insurance and responsibility for premiums

12. Default and Remedies: Consequences of default and available remedies

13. Termination: Grounds and procedure for agreement termination

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

15. Notices: Method and addresses for serving notices

16. Execution: Signature blocks and witness details

What sections are optional to include in a Lease Sale Agreement?

1. Security Deposit: Terms of security deposit if required for the lease portion

2. Utilities and Outgoings: Responsibility for utility payments and other expenses

3. Assignment and Subletting: Rights and restrictions regarding property transfer or sublease

4. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

5. Environmental Compliance: Environmental obligations and compliance requirements

6. Stamp Duty and Registration: Specific provisions about who bears these costs

7. GST Compliance: GST-related obligations if applicable

8. Modifications and Improvements: Rights and restrictions regarding property modifications

9. Right of First Refusal: Option for lessee to purchase property during lease term

What schedules should be included in a Lease Sale Agreement?

1. Schedule A - Property Details: Detailed property description, measurements, and boundaries

2. Schedule B - Payment Schedule: Detailed breakdown of purchase price installments and lease payments

3. Schedule C - Title Documents: List of property title documents and ownership chain

4. Schedule D - Property Inspection Report: Current condition of property and existing fixtures/fittings

5. Schedule E - Handover Inventory: List of items included in property handover

6. Appendix 1 - Property Plans: Architectural plans and property layout

7. Appendix 2 - Photographs: Current photographs of the property

8. Appendix 3 - Maintenance Schedule: Detailed maintenance responsibilities and schedules

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

Document Type

Sales Contract

Sector

Sales

Cost

Free to use

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