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Real Estate Contract To Sell for India

Real Estate Contract To Sell Template for India

A Real Estate Contract to Sell is a legally binding agreement used in India that documents the terms and conditions of a property sale transaction between a seller and purchaser. The document is governed by Indian property laws, including the Transfer of Property Act 1882 and the Registration Act 1908, and must comply with state-specific regulations. It outlines crucial details such as property description, sale consideration, payment terms, possession details, and obligations of both parties. The contract serves as a preliminary agreement that leads to the execution of the final sale deed and must be properly stamped and registered according to Indian law.

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Real Estate Contract To Sell

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What is a Real Estate Contract To Sell?

The Real Estate Contract to Sell is a fundamental document in Indian property transactions that establishes the framework for transferring property ownership from seller to purchaser. This contract type is essential when parties have agreed to a property sale but need to document the terms and conditions before executing the final sale deed. It must comply with Indian legislation including the Transfer of Property Act, Registration Act, and state-specific property laws. The document typically includes comprehensive details about the property, parties involved, payment structure, timelines for completion, and obligations of all parties. It serves as a crucial intermediate step between initial property selection and final sale deed execution, providing legal protection to both parties during the transaction process. The contract's preparation requires careful attention to local regulations, market practices, and specific requirements of the property type being sold.

What sections should be included in a Real Estate Contract To Sell?

1. Parties: Details of the seller and purchaser including names, addresses, and legal status

2. Background: Context of the transaction including brief property description and intent to sell/purchase

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

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

5. Sale Consideration: Purchase price, payment schedule, and mode of payment

6. Payment Terms: Detailed structure of payments including earnest money, installments, and final payment

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

8. Seller's Obligations: Seller's commitments including providing clear title, necessary documents, and possession

9. Purchaser's Obligations: Purchaser's commitments including timely payments and due diligence

10. Possession: Terms and conditions for handling over property possession

11. Title Transfer: Process and timeline for executing and registering the sale deed

12. Expenses: Allocation of transaction costs including stamp duty, registration fees, and taxes

13. Default and Remedies: Consequences of breach and available remedies

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

15. Notices: Method and addresses for formal communications between parties

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

17. Execution: Signature blocks and witness details

What sections are optional to include in a Real Estate Contract To Sell?

1. Mortgage Details: Include when property has existing mortgage or purchaser obtaining mortgage financing

2. Development Status: Required for under-construction properties, detailing completion timeline and specifications

3. RERA Compliance: Necessary for new developments falling under RERA regulations

4. Society Approval: Required for apartments/condominiums requiring society NOC

5. Third Party Rights: Include when dealing with tenanted properties or existing agreements

6. Joint Ownership Provisions: Required when multiple sellers or purchasers are involved

7. Power of Attorney: Include when any party is represented through Power of Attorney

8. Indemnification: Additional protection clauses for specific risks identified

What schedules should be included in a Real Estate Contract To Sell?

1. Schedule 1 - Property Description: Detailed property description including boundaries, measurements, and floor plans

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment installments with dates

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

4. Schedule 4 - Encumbrances: Details of existing mortgages, liens, or encumbrances

5. Schedule 5 - Amenities and Fixtures: List of included fixtures, fittings, and amenities

6. Appendix A - Property Documents: Copies of key property documents including tax receipts and utility bills

7. Appendix B - NOCs and Permissions: Copies of necessary permissions and no-objection certificates

8. Appendix C - Property Photos: Recent photographs of the property and its key 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 | Serial Founder & Legal AI Author

Jurisdiction

India

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Construction

Urban Development

Housing

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Business Development

Risk Management

Operations

Documentation

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Compliance Officer

Real Estate Broker

Title Officer

Contract Manager

Property Consultant

Real Estate Investment Manager

Legal Document Specialist

Property Sales 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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