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Sale Deed

A sale deed is a legal document that contains details of transfer of property ownership from a seller to a buyer. This is one of the most valuable legal documents while purchasing or selling a property.

This document needs to be registered mandatorily and is governed by the Registration Act. You have to be sure of relevant details while purchasing immovable property, like decided price, any dues associated with it, the total area of the property, the transfer of ownership, etc. You need to know the process of sale deed, the necessary elements, and even the sale deed format for this process's proper execution.

Sale Deed is also known as Conveyance Deed. This is a document through which the Seller transfers his right, title and interest in a property to the Purchaser, who, in turn, acquires and holds the same as an absolute Owner. Even though it is not necessary or mandatory to enter into a Sale Agreement before entering into a sale transaction, it is advisable to enter into a Sale Agreement wherein the terms and conditions of sale could be minutely stipulated. Generally, a Sale Deed is executed in accordance with the Sale Agreement and upon compliance with the terms and conditions of the Sale Agreement.

Why should you get it done?

  • Protects Parties
  • The deed protects the rights of both the buyer and the seller. A specific, well-drafted deed will avoid ambiguity and minimise legal risks.

  • Defines The Area
  • For the buyer, a key advantage is having a well-defined description of the property being purchased, including the square footage and the location.

Draft Sale Deed

A draft Sale Deed, containing full details of the parties, advance amount paid, mode of balance amount payable, receipt of the balance amount by the seller, handing over the original documents of the property, handing over the possession of the property, handing over the authorization letter to transfer power and water meters, signing of the application for transfer of Khatha, title of the seller of the property, indemnifying the purchaser in case of defect in the title, easement rights, will be prepared by the purchaser's advocate. Such draft Sale Deed should be captioned as draft Sale Deed and shall be signed by the purchaser's advocate.

A copy of the draft Sale Deed will be given to the seller for his approval. The seller and his advocate will verify the draft sale deed and approve it or may suggest suitable deletions, additions or amendments. The purpose is to bring forth the correct intention of the parties to the Sale Deed.

The Important Elements of the Sale Deed:

  • Email all the documents or it can be picked up from your address
  • A detailed review of all the documents by a Senior property Lawyer
  • Verifying property details with the Government records.
  • Creating a continuity of the property paper trail and identifying missing papers if there are any
  • Creating a detailed verification report with senior property lawyer’s observation

After the report is generated, you will get a dedicated time slot with the senior property lawyer who will clarify all your doubts and help you understand the report in detail. All this is just within 5-7 days.

What are the Documents required for Sale Deed Registration?

Are you going for the sale deed registration? Then know about all the essential documents required for the hassle-free and successful registration of the sale deed. Important documents required for the sale deed registration:

  • Sale Deed Draft
  • Power of Attorney
  • No Objection Certificate (NOC)
  • Duplicate Copy of Building Plan
  • Allotment Letter
  • Possession Letter
  • Documents of Owner
  • Sale Agreement
  • Property Tax Receipt
  • Payment Receipts
  • Occupancy Certificate
  • Encumbrance Certificate
  • Other Miscellaneous Documents: Latest Tax Receipts, Documents for identification of the parties involved in the sale transaction, including Ration Card/Driving License/Voter Card/Pan Card/Aadhar card/ID Proof, Passport-size photos of both buyer and seller, including witnesses etc.

We can assist you with all aspects of your purchase/sale of a property – right from the drafting of the agreement to sell, up to the registration. Get property documents verified by our lawyers.

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Frequently asked questions

A sale deed is a legal contract or agreement executed between the seller and the purchaser and it acts as evidence for the sale and transfer of ownership of an asset or a property. You have to be confident of relevant details while buying immovable property like the total area of the property, decided price, any dues involved with it, and the date of transfer of ownership, etc.

A sale deed acts as the main legal document for confirming sale and transfer of ownership of property in support of the buyer, from the seller.

1. Make sure No Encumbrances exist on the property. If any outstanding Encumbrances exist (for example, any Bank Loans that have not been cleared), then the Seller's must take care of these before the purchase.
2. Make sure all taxes, cess, electricity and water charges have already been paid by the Seller.

  • The property documents that need to be registered, should be submitted to the office of the Sub-Registrar of Assurances within whose jurisdiction the property, which is the subject matter of transfer, is situated.
  • The authorised signatories for the seller and the purchaser, have to be present along with two witnesses, for registration of the documents. (The signatories should carry their proof of identity.) The documents that are accepted for this purpose, include Aadhaar Card, PAN Card, or any other proof of identity issued by a government authority.
  • The signatories also have to furnish the power of attorney, if they are representing someone else. 
  • In case a company is party to the agreement, the person representing the company has to carry adequate documents, like power of attorney/letter of authority, along with a copy of the resolution of the company’s board, authorising him to carry out the registration.
  • You need to present the property card to the sub-registrar, along with the original documents and proof of payment of stamp duty. Before registering the documents, the sub-registrar will verify whether adequate stamp duty has been paid for the property, as per the stamp duty ready reckoner. In case there is any deficit in the stamp duty, the registrar will refuse to register the documents.
  • Stamp duty is the tax you pay to the government for attaining legal ownership over an asset, while the registration charge is the fee to get this legal formality completed in the government records. Stamp duty varies from state to state.
  • In most states, women are offered rebates or waivers on stamp duty payment. Note here that witnesses are quite important in the overall process.
  • The two witnesses that you intend to present during the registration, will also have to establish their identity in front of the sub-registrar. For this purpose, they should also carry their ID proofs and their address proofs. Additionally, their biometric identity will also be scanned during the process.

Yes, appointments and other formalities will be done by a Legal Assure but you have to be present at the sub registrar’s office on the day of registration appointment.

The sale deed is valid from the date of execution, and it remains valid for the entire lifetime of the property.

Yes, a deed of sale is considered proof of ownership of the property, provided it is duly registered.
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