A Real Estate Deed is essential for any property transfer in India, serving as the primary legal instrument that evidences the transfer of ownership rights in immovable property. This document is mandatory under Indian law and must comply with the Transfer of Property Act 1882, Registration Act 1908, and various state-specific regulations. The deed is used when transferring any type of immovable property, including land, buildings, apartments, or commercial spaces. It must contain specific details about the property, parties involved, consideration amount, and rights being transferred. The document requires mandatory registration at the Sub-Registrar's office, payment of appropriate stamp duty, and proper execution in the presence of witnesses. Proper drafting and execution of the deed is crucial as it forms the basis of the buyer's title to the property and serves as evidence in future property-related matters.
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1. Title and Date: Specifies the type of deed and date of execution
2. Parties: Details of the transferor (seller) and transferee (buyer) including full names, ages, addresses, and legal capacity
3. Recitals: Background information including ownership history and reason for transfer
4. Definitions: Definitions of key terms used in the deed
5. Property Description: Brief description of the property being transferred with reference to detailed description in Schedule A
6. Title Declaration: Seller's declaration of clear title and right to transfer
7. Consideration: Details of the purchase price and payment terms
8. Transfer Clause: Operative words transferring the property rights from seller to buyer
9. Possession: Details regarding the handover of physical possession
10. Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal compliance
11. Rights and Obligations: Specific rights transferred and obligations assumed by parties
12. Indemnification: Seller's commitment to indemnify buyer against title defects or undisclosed claims
13. Registration Details: Information required for deed registration including sub-registrar's office details
14. Execution: Signature clauses and witness details
1. Power of Attorney: Required if any party is acting through an attorney
2. Society NOC: Required for apartments/properties in housing societies
3. Third Party Rights: Required if there are existing tenants or other third-party rights
4. Development Rights: Required for properties with unused development potential
5. Agricultural Land Conversion: Required if the land was previously agricultural
6. Mortgage Details: Required if property is being transferred with existing mortgage
7. Foreign Exchange Compliance: Required if any party is an NRI/foreign national
8. Environmental Clearances: Required for properties in environmentally sensitive zones
9. Special Conditions: Any unique terms specific to the transaction
1. Schedule A - Property Description: Detailed description including boundaries, measurements, and survey numbers
2. Schedule B - Property Documents: List of title and property documents handed over to buyer
3. Schedule C - Encumbrances: Details of existing charges, liens, or encumbrances if any
4. Schedule D - Payment Terms: Detailed breakdown of payment schedule if applicable
5. Schedule E - Plans and Drawings: Property plans, layout drawings, and approved building plans
6. Appendix 1 - Title Documents: Copies of key title documents referenced in the deed
7. Appendix 2 - Permissions: Copies of relevant permissions and approvals
8. Appendix 3 - Tax Records: Property tax receipts and other tax-related documents
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