A Sale and Purchase Deed is the primary legal instrument used in India for transferring ownership of immovable property between parties. This document is essential for any property transaction in India and must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific property laws. The deed is used when there is a definitive transfer of property ownership in exchange for a specified consideration amount. It includes crucial details such as property description, parties' information, consideration amount, payment terms, possession details, and various declarations and warranties. The document must be executed on appropriate stamp paper, witnessed, and registered at the Sub-Registrar's office to be legally valid. This type of deed is commonly used in both residential and commercial property transactions and serves as the ultimate proof of property ownership.
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1. Parties: Details of the seller (vendor) and purchaser including full names, ages, addresses, and legal capacity
2. Background: Brief history of property ownership, context of the sale, and any relevant prior agreements
3. Definitions: Definitions of key terms used throughout the deed
4. Details of Property: Clear identification and description of the property being sold
5. Title and Ownership Declaration: Seller's declaration of clear title and right to sell the property
6. Consideration: Purchase price and payment terms including confirmation of amounts already paid
7. Possession: Terms and timing of property possession transfer
8. Seller's Warranties: Warranties regarding title, encumbrances, taxes, litigation, etc.
9. Rights and Obligations: Specific rights and obligations of both parties
10. Registration and Expenses: Details about registration requirements and allocation of expenses
11. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction
12. Execution: Signature clauses and witness details
1. Mortgage Status: Include when property has existing mortgage or charges that need to be addressed
2. Power of Attorney: Required when either party is acting through an authorized representative
3. Outstanding Dues: Include when there are pending utility bills, taxes, or maintenance charges to be addressed
4. Ongoing Litigation: Required when there are pending legal proceedings affecting the property
5. Third Party Rights: Include when there are existing tenancies or other third-party rights
6. Development Rights: Needed for properties with unused development potential or TDR
7. Indemnification: Additional indemnities for specific identified risks
8. Force Majeure: Include when specific circumstances might affect completion timing
1. Schedule A - Property Description: Detailed description of property including boundaries, measurements, and survey numbers
2. Schedule B - Payment Terms: Detailed breakdown of payment schedule and mode of payments
3. Schedule C - Title Documents: List of all title documents and chain of title
4. Schedule D - Encumbrances: List of existing charges, liens, or encumbrances if any
5. Schedule E - Inventory: List of fixtures and fittings included in the sale
6. Appendix 1 - Property Plans: Approved architectural plans, site maps, and layout drawings
7. Appendix 2 - Permissions: Copies of relevant permits, NOCs, and statutory approvals
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Banking and Finance
Housing
Commercial Property
Industrial Property
Agriculture (for agricultural land)
Infrastructure
Urban Development
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Finance
Risk Management
Corporate Affairs
Documentation
Land Acquisition
Asset Management
Relevant Roles
Legal Counsel
Property Lawyer
Real Estate Manager
Property Developer
Land Acquisition Manager
Compliance Officer
Real Estate Agent
Property Valuation Expert
Title Search Officer
Corporate Lawyer
Property Rights Manager
Real Estate Transaction Manager
Documentation Specialist
Legal Operations Manager
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