SALE DEED

PROJECT:

Sale Deed Registration

The word SALE defined under Section 54 of The Transfer of Property Act,

1882 is a transfer of ownership in exchange of price paid or promised or part-paid

and part-promised. It means absolute transfer of tangible immovable property by

the vendor to the purchaser by entering into a contract for sale wherein both the

parties will settle the terms and conditions of transfer. Such transfer can be done

through the registered document and thus delivery of the property can be by

handing over the actual possession of the immovable property by the vendor to the

purchaser or the person legally authorised by him. In a sale of tangible immovable

property an Encumbrance Certificate will be passed to the purchaser by the vendor

whereby all the statutory rights i.e. easementry rights, beneficiary rights, actionable

claims as well as vested interest in the immovable property will be transferred in-

toto.

Before explaining the term Sale Deed let me define Agreement To Sell which

proceeds SALE DEED and it protects the interest of both buyer and seller. An

agreement to sell is a legal written document on which the conveyance deed is

drafted under which both the parties will settle certain terms and conditions i.e.

seller will be intending to transfer/sale the property and buyer will be intending to
purchase it. An agreement to sell has to be executed by the seller and the buyer on

a non-judicial stamp paper and the same has to be duly signed by both the parties.

It has got legal value and if necessary can be produced as evidence in a court of

law. An agreement is a pre-requirement for the sale of an immovable property

where in the buyer will pay to seller some token amount as advance and seller must

issue receipt for the amount received as token amount. While entering into an

agreement to sell, the seller should mandatorily state all the material defects in the

property as well as in the title and it is the right and duty of the buyer to investigate

the title before buying the property. There should not be any Lis- Pendens i.e.

pendency of suit in a court of law regarding the property in sale. Lastly the

agreement to sell must contain all the terms and conditions which are necessary for

transaction of a valid sale of an immovable property.

The word SALE DEED otherwise called as Conveyance Deed is a legal

written document executed by the vendor and the purchaser which evidences the

sale and transfer of ownership of the tangible immovable property. A sale deed is

governed by The Registration Act, 1908 and is an important document for both

the buyer or the transferee and the seller or the transferor. A sale deed is executed

after the execution of the agreement to sell, and after compliance of various terms

and conditions between the seller and the purchaser mutually. A sale deed is the

main document which gives details of how the seller got the property, at what
consideration the seller is selling the property and assurance to the purchaser that

the property is free from any encumbrances, liabilities or indemnity clauses. A sale

deed acts as a essential document for the further sale of the property by the

purchaser as it establishes the proof of ownership of property.

Requirements of Sale Deed:

A sale deed is one of the most valuable legal documents in a purchase or sale of a

property. A sale deed is drafted by legal draftsman on a non-judicial stamp paper of

the requisite value as prescribed by stamp act of the particular state concerned. A

draftsman must include certain clauses while preparing the construction of the sale

deed which are as follows:

Name of the deed: It is the parties who have to decide that which deed has

to be prepared e.g. THIS DEED OF SALE or THIS DEED OF

MORTGAGE or THIS DEED OF LEASE etc. and based on which there will

be transfer of ownership of immovable property.

Parties to sale deed: An absolute sale deed must contain the names, age and

respective addresses of parties to the transaction and both the parties i.e.

seller and buyer must be competent to enter into a contract so that it will not

affect the validity of the valid sale. It is very much important that the sale
 deed is duly signed and executed by both the parties with their bona-fide

intention. A valid sale deed must start with clear description of the parties.

Description of the property sold: A valid sale deed must contain full

description of the property which is the subject matter of sale. It must

include identification number, total plot area, construction details as well as

its location with its surrounding areas. A schedule of the property must be

included in the sale deed which will define the exact location where the

property is actually situated.

Agreement for sale: An agreement for sale is the main requirement of the

drafting of the valid sale deed and both the parties must mutually settle the

terms and conditions of the agreement so that it will not affect the rights of

the parties. A sale deed always precedes agreement to sell.

Sale consideration clause: A sale deed must include the clause stating the

sale consideration/amount as agreed between the seller and the buyer which

has to be paid by the buyer to the seller on the execution of sale deed. A sale

amount should be clearly stated in sale deed as agreed in the agreement to

sell so that there should not be any onus on the parties to the transaction.
 Advance payment if any: If there is any transaction of token amount paid

by the buyer to the seller then it has to be clearly mentioned in the sale deed,

and how much is the remaining balance to be paid on the execution of the

sale deed.

Mode of payment: It is always the buyer who has to decide that how he is

going to pay the sale consideration amount whether by Cash /Cheque/

Demand Draft and the same has to be agreed by the seller.

Passing of the title: A sale deed should contain the clause when the original

title of the property to be passed to the purchaser. A time limit should be

given to the seller for the transfer of the title. Once the title of the

immovable property is transferred, all the rights will pass to the purchaser.

Delivery of the possession: The possession of the immovable property will

be transferred to the purchaser by the vendor once the registration process is

completed. A clause in the sale deed must state when there will be actual

delivery of the possession.

Indemnity provision if any: A seller must clear all the statutory charges i.e.

property tax, electricity charges, water bills, cess, society charges,

maintenance charges and all other charges relating to the property before the
 execution of the sale deed. In case there is any encumbrance on the property,

the seller needs to repay the loan amount and get the property papers cleared

of the encumbrance. It is the duty of the buyer to verify the encumbrance

status from the office of the registrar.

Execution: Once the Sale Deed is prepared all the parties to the deed shall

execute it by affixing their thumb impression or full signature. Each page

should be signed by the seller and buyer. Any alteration, addition or deletion

is to be authenticated by full signature of the parties. Execution of the sale

deed requires to be witnessed by two witnesses. The witnesses shall give

their full particulars and addresses.

Registration: According to Section: 17 of The Registration Act, 1908, the

registration of a tangible immovable property is compulsory if the value of

the respective property exceeds rupees 100/- and it is the registration of the

property which makes the sale valid. For getting the registration done both

the parties must be present before the jurisdictional sub-registrar office with

the original documents within four months from the date of execution. A

stamp duty has to be paid by the purchaser to the sub-registrar for getting the

registration done. A certified copy of the registration document to be

obtained for the future reference.

the parties, a sale deed is prepared. The executed sale deed should be

witnessed by at least two witnesses one from seller side and one from buyer

side, giving their full names, addresses and signatures.

Original documents: Once the property gets registered under the

registration act all the original documents of the sold property to be hand

over by the seller to the purchaser. All the statutory rights along with

ownership, possession, title, interest will get vested in favour of the

purchaser.

Default clause: An agreement for sale of immovable property should

include the clause stating if there is any default by the vendor or the

purchaser then the party who rescinds the contract need to pay damages to

the other party for the breach of contract so that it will not affect to the

execution of the sale deed.

Since drafting of sale deed requires abundant caution and presence of mind with

sufficient knowledge of property and other allied laws, it would be better if

services of advocates who have vast experience in property transactions are

utilized to avoid unexpected and uncalled for litigations which may arise in a

poorly drafted sale deed.