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Real Estate Sales Contract for India

Real Estate Sales Contract Template for India

A comprehensive legal document governed by Indian law that facilitates the transfer of real estate property from a seller to a buyer. This contract encompasses all essential elements required under Indian property law, including detailed property descriptions, payment terms, warranties, and transfer conditions. It ensures compliance with the Transfer of Property Act 1882, Registration Act 1908, and relevant state-specific property laws while incorporating necessary provisions for stamp duty, registration requirements, and property transfer procedures specific to Indian jurisdiction. The document serves as a binding agreement that protects both parties' interests and provides a clear framework for the property transaction process.

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Real Estate Sales Contract

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What is a Real Estate Sales Contract?

The Real Estate Sales Contract is a fundamental legal instrument used in Indian property transactions to formalize the transfer of real estate between parties. This document is essential when any type of real property (residential, commercial, or industrial) is being sold in India, requiring compliance with multiple legislations including the Transfer of Property Act, Registration Act, and state-specific property laws. The contract typically includes comprehensive details about the property, parties involved, payment terms, warranties, and conditions for transfer, while ensuring adherence to local registration requirements and stamp duty regulations. It serves as crucial documentation for property ownership transfer, tax purposes, and future reference, incorporating specific provisions required under Indian law for real estate transactions. The document must be drafted with careful consideration of state-specific regulations, as property laws can vary across different Indian states.

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

1. Parties: Identification of seller(s) and purchaser(s) with complete details as required under Indian law

2. Background: Recitals explaining the ownership of the property and intention to sell/purchase

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

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

5. Purchase Price: Agreed purchase price and payment terms including earnest money deposit

6. Payment Schedule: Detailed breakdown of payment installments and timelines

7. Completion Date: Specified date for completing the transaction and property handover

8. Seller's Representations and Warranties: Declarations regarding property title, encumbrances, and legal compliance

9. Purchaser's Representations and Warranties: Declarations regarding capacity to purchase and financial ability

10. Title Documents: List of title documents to be provided and verification process

11. Registration and Transfer: Process and obligations for property registration and transfer

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

13. Possession: Terms and conditions for giving possession of the property

14. Default and Remedies: Consequences of default by either party and available remedies

15. Governing Law and Jurisdiction: Specification of applicable Indian law and jurisdiction

16. Notices: Process for sending and receiving official communications

17. Force Majeure: Provisions for unforeseen circumstances preventing contract performance

18. Entire Agreement: Clause stating this document contains all terms agreed between parties

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

1. Mortgage Details: Required when property has existing mortgage or new mortgage is being created

2. Power of Attorney: When any party is acting through an authorized representative

3. Society NOC: For apartments/properties in housing societies requiring society approval

4. RERA Compliance: For newly constructed properties or ongoing projects

5. Foreign Exchange Provisions: When either party is an NRI/foreign national

6. Conditional Sale Provisions: When sale is subject to specific conditions being met

7. Existing Tenancy: When property is currently tenanted

8. Development Rights: When additional development potential exists for the property

9. Family Settlement Details: When property is subject to family arrangement or settlement

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

1. Schedule A - Property Details: Comprehensive property description including measurements, boundaries, and physical features

2. Schedule B - Title Documents: List of all title documents and chain of title

3. Schedule C - Payment Schedule: Detailed breakdown of payment terms with dates and amounts

4. Schedule D - Encumbrances: List of existing encumbrances, if any

5. Schedule E - Inventory: List of fixtures and fittings included in the sale

6. Schedule F - Outstanding Dues: Details of pending utilities, taxes, or maintenance charges

7. Appendix 1 - Property Photos: Recent photographs of the property

8. Appendix 2 - Property Plans: Approved architectural plans and layouts

9. Appendix 3 - Permissions: Copies of relevant permissions and approvals

10. Appendix 4 - Tax Records: Property tax receipts and assessment details

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



















































Clauses








































Relevant Industries

Real Estate

Construction

Property Development

Banking and Finance

Legal Services

Urban Development

Housing

Commercial Property

Residential Property

Industrial Property

Agriculture (for agricultural land)

Hospitality (for hotel properties)

Retail

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Operations

Documentation

Business Development

Risk Management

Asset Management

Contract Administration

Investment

Property Development

Transaction Processing

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Compliance Officer

Contract Manager

Real Estate Broker

Title Officer

Property Valuer

Land Acquisition Manager

Real Estate Investment Manager

Property Documentation Specialist

Real Estate Transaction Coordinator

Legal Documentation Officer

Property Rights Specialist

Real Estate Finance Manager

Development Project Manager

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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