Sale Deed Format

बिक्री विलेख प्रारूप

Deeds & Wills Updated: 2025-02-28

Overview

A sale deed is the principal legal document that transfers ownership of immovable property from the seller to the buyer. It must be executed on stamp paper and registered at the Sub-Registrar's office to be legally valid.

Hindi बिक्री विलेख वह प्रमुख कानूनी दस्तावेज है जो अचल संपत्ति का स्वामित्व विक्रेता से क्रेता को हस्तांतरित करता है। इसे स्टैम्प पेपर पर निष्पादित और उप-पंजीयक कार्यालय में पंजीकृत होना आवश्यक है।

When to Use This Format

  • When buying or selling residential or commercial property
  • For transfer of land ownership
  • To complete a property transaction after agreement to sell
  • For registration of property in buyer's name
  • When converting an agreement to sell into final ownership transfer

Key Components

  1. 1 Party Details

    Full details of seller(s) and buyer(s) including name, father's name, age, address, and ID proof.

  2. 2 Property Description

    Complete description including survey number, plot number, area, boundaries (North, South, East, West), and address.

  3. 3 Sale Consideration

    Total sale price, payment details, mode of payment, and acknowledgment of receipt.

  4. 4 Title Verification

    Declaration by seller about clear and marketable title, free from encumbrances.

  5. 5 Covenants

    Seller's warranties including peaceful possession, no pending litigation, and no prior sale.

  6. 6 Indemnity

    Seller's undertaking to indemnify buyer against any claims arising from seller's title.

Sample Format

SALE DEED This Sale Deed is executed on this ___ day of _______, 2025 at [Place] BETWEEN [Seller Name], S/o [Father's Name], aged ___ years, residing at [Address], Aadhaar No. _____________ (hereinafter called the "SELLER/VENDOR") OF THE FIRST PART AND [Buyer Name], S/o [Father's Name], aged ___ years, residing at [Address], Aadhaar No. _____________ (hereinafter called the "BUYER/VENDEE") OF THE SECOND PART WHEREAS the Seller is the absolute owner of the property described in the Schedule hereunder and has agreed to sell the same to the Buyer for a total consideration of Rs. _____/- (Rupees ____________ only). NOW THIS DEED WITNESSETH AS FOLLOWS: 1. That in consideration of Rs. _____/-, the Seller hereby transfers and conveys the property described in the Schedule to the Buyer. 2. That the Seller has received the entire sale consideration as follows: (a) Rs. _____ by cheque/NEFT/RTGS on [Date] (b) Rs. _____ by [mode] on [Date] 3. That the Seller declares that the property is free from all encumbrances, liens, charges, and litigation. 4. That the Seller shall indemnify the Buyer against any loss arising from defect in title. SCHEDULE OF PROPERTY: [Detailed property description with boundaries] IN WITNESS WHEREOF the parties have signed on the date mentioned above. SELLER: _______________ BUYER: _______________ WITNESS 1: _______________ WITNESS 2: _______________

Step-by-Step Guide

1

Title Verification

Verify the seller's title through a title search at the Sub-Registrar's office. Check for encumbrances for at least 30 years.

2

Draft the Sale Deed

Prepare the deed with all property details, consideration amount, and terms. Engage a lawyer for drafting.

3

Pay Stamp Duty

Purchase stamp paper of appropriate value based on the property value and state stamp duty rates.

4

Execute the Deed

Both parties sign the deed in presence of two witnesses. Seller hands over possession.

5

Register at Sub-Registrar

Present the deed at the Sub-Registrar's office with both parties, witnesses, and required documents. Pay registration fee.

6

Mutation of Property

Apply for mutation of property records at the local municipal/revenue office to update ownership.

Important Notes

  • Registration of sale deed is mandatory under the Registration Act, 1908.
  • Stamp duty varies by state (typically 4-8% of property value). Check your state's rates.
  • TDS of 1% must be deducted by buyer if property value exceeds Rs. 50 lakh (Section 194IA of Income Tax Act).
  • An unregistered sale deed cannot be used as evidence of title in court.
  • Obtain an encumbrance certificate (EC) to verify that the property is free from mortgages and liens.

Frequently Asked Questions

What is the difference between a sale deed and an agreement to sell?

An agreement to sell is a promise to transfer property in the future upon fulfillment of conditions (like full payment). A sale deed is the final document that actually transfers ownership. The sale deed is executed after all conditions in the agreement to sell are met.

Who pays stamp duty - buyer or seller?

In most states, the buyer is responsible for paying stamp duty and registration charges. However, this can be negotiated between the parties. The seller is responsible for paying capital gains tax on the sale.

Can a sale deed be cancelled?

A registered sale deed can be cancelled only through a court decree if fraud, misrepresentation, or coercion is proved. Both parties can also execute a cancellation deed by mutual consent, which must also be registered.

Legal Disclaimer

This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.

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