Sale Deed Format
बिक्री विलेख प्रारूप
Overview
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
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1 Party Details
Full details of seller(s) and buyer(s) including name, father's name, age, address, and ID proof.
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2 Property Description
Complete description including survey number, plot number, area, boundaries (North, South, East, West), and address.
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3 Sale Consideration
Total sale price, payment details, mode of payment, and acknowledgment of receipt.
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4 Title Verification
Declaration by seller about clear and marketable title, free from encumbrances.
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5 Covenants
Seller's warranties including peaceful possession, no pending litigation, and no prior sale.
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6 Indemnity
Seller's undertaking to indemnify buyer against any claims arising from seller's title.
Sample Format
Step-by-Step Guide
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.
Draft the Sale Deed
Prepare the deed with all property details, consideration amount, and terms. Engage a lawyer for drafting.
Pay Stamp Duty
Purchase stamp paper of appropriate value based on the property value and state stamp duty rates.
Execute the Deed
Both parties sign the deed in presence of two witnesses. Seller hands over possession.
Register at Sub-Registrar
Present the deed at the Sub-Registrar's office with both parties, witnesses, and required documents. Pay registration fee.
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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