A Sale Deed For Undivided Share of Land is essential when transferring partial ownership rights in property under Indian law. This document is commonly used in situations where multiple owners hold or will hold shares in a single property, such as apartment complexes, commercial developments, or family-owned properties. The deed must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific property laws. It includes crucial details such as the exact share being transferred, property description, rights and obligations of co-owners, consideration amount, and payment terms. This type of deed is particularly relevant in urban development projects, joint family properties, and situations where complete property division is not feasible or desired.
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1. Parties: Details of the Vendor(s) and Purchaser(s) including names, ages, addresses, and legal capacity
2. Background: History of ownership, details of title documents, and context of the current transaction
3. Definitions: Definitions of key terms used in the deed including 'Property', 'Share', 'Completion Date', etc.
4. Details of Property: Brief description of the entire property in which undivided share is being sold
5. Share Details: Specific details of the undivided share being transferred, expressed in fraction or percentage
6. Consideration: Purchase price, payment terms, and acknowledgment of receipt
7. Rights and Obligations: Specific rights being transferred and obligations of both parties regarding the undivided share
8. Vendor's Representations: Warranties about title, absence of encumbrances, capacity to sell
9. Purchaser's Covenants: Purchaser's commitments regarding usage, maintenance, and sharing of common expenses
10. Possession: Terms of handing over symbolic or actual possession of the undivided share
11. Registration and Expenses: Responsibilities for registration, stamp duty, and other transaction expenses
12. Governing Law: Specification of Indian law and jurisdiction applicable to the deed
1. Pending Litigation: Details of any ongoing legal proceedings affecting the property - include if any litigation exists
2. Encumbrances: Details of existing mortgages, charges, or liens - include if any encumbrances exist
3. Co-owners Agreement: Special arrangements between co-owners regarding property management - include if specific arrangements exist
4. Development Rights: Specific provisions about future development rights - include if property has development potential
5. Partition Rights: Specific terms regarding future partition of property - include if parties want to address future partition
6. Power of Attorney: Authorization for specific actions - include if any party is acting through attorney
7. Force Majeure: Provisions for unforeseen circumstances - include for properties in disaster-prone areas
1. Schedule A - Property Description: Detailed description of the entire property including boundaries, measurements, and survey numbers
2. Schedule B - Share Calculation: Detailed calculation and basis of the undivided share being transferred
3. Schedule C - Title Documents: List of all previous title documents and their chain
4. Schedule D - Payment Details: Detailed breakdown of consideration and payment schedule
5. Schedule E - Encumbrance Certificate: Copy or details of recent encumbrance certificate
6. Appendix 1 - Property Plans: Architectural plans, site maps, and location plans
7. Appendix 2 - Previous Agreements: Copies of relevant previous agreements affecting the property
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