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Unit Transfer Agreement for India

Unit Transfer Agreement Template for India

A Unit Transfer Agreement is a legally binding document used in India for transferring ownership rights of a specific unit in a property development from one party to another. This agreement is governed by Indian property law, particularly the Transfer of Property Act, 1882, and must comply with state-specific stamp duty and registration requirements. The document outlines the terms and conditions of the transfer, including property details, consideration amount, payment terms, and obligations of both parties, while ensuring compliance with local real estate regulations and statutory requirements.

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Unit Transfer Agreement

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What is a Unit Transfer Agreement?

The Unit Transfer Agreement is a crucial legal instrument in Indian real estate transactions, used when transferring ownership rights of a specific unit in a property development. This document is essential for both residential and commercial property transfers, ensuring compliance with the Transfer of Property Act, 1882, and other relevant Indian legislation. The agreement becomes necessary when a unit owner wishes to transfer their property rights to another party, whether in the context of a sale, gift, or other form of transfer. It includes detailed specifications of the property, parties involved, consideration amount, payment terms, and various representations and warranties. The document must be properly stamped and registered according to state-specific requirements to be legally enforceable.

What sections should be included in a Unit Transfer Agreement?

1. Parties: Identification of transferor and transferee with complete details

2. Background: Context of the transfer, including details of the property development and original allocation

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

4. Details of Unit: Specific description of the unit being transferred, including location, measurements, and boundaries

5. Consideration: Transfer price and payment terms

6. Transfer Terms: Core terms of the transfer including timing and conditions

7. Representations and Warranties: Statements of fact and assurances from both parties

8. Covenants: Ongoing obligations of the parties

9. Completion: Process and requirements for completing the transfer

10. Statutory Compliance: Compliance with relevant laws and regulations

11. Notices: Process for sending and receiving formal communications

12. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

13. Dispute Resolution: Process for resolving disputes between parties

What sections are optional to include in a Unit Transfer Agreement?

1. Transfer to Nominees: Used when transfer includes nomination rights

2. Mortgage Details: Required when the unit is under mortgage or new mortgage is being created

3. Society Membership: Relevant for transfers in cooperative housing societies

4. Power of Attorney: When transfer is being executed through authorized representatives

5. Foreign Exchange Compliance: Required for transfers involving non-resident Indians or foreign nationals

6. GST Provisions: Needed for transfers where GST is applicable

7. Indemnification: Additional protection clauses for specific risks identified

What schedules should be included in a Unit Transfer Agreement?

1. Property Description: Detailed technical description of the unit including floor plan

2. Payment Schedule: Detailed breakdown of payment terms and installments

3. Title Documents: List of documents establishing chain of title

4. Encumbrance Certificate: Details of any existing encumbrances on the property

5. Transfer Approvals: Copies of necessary approvals from authorities

6. Outstanding Dues: Statement of pending payments or dues

7. Handover Checklist: List of items to be completed/checked during physical possession

8. Maintenance Agreement: Terms of maintenance services and charges

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

Transfer Agreement

Cost

Free to use
Relevant legal definitions

































Clauses




























Relevant Industries

Real Estate

Property Development

Construction

Banking

Housing Finance

Property Management

Legal Services

Real Estate Investment

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Sales

Operations

Risk Management

Asset Management

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Real Estate Agent

Property Developer

Compliance Officer

Title Officer

Real Estate Transaction Manager

Housing Society Secretary

Property Documentation Specialist

Real Estate Portfolio Manager

Industries








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