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Drafting Pleading and Conveyancing

The document discusses the meaning and essentials of a sale deed, which is a legal document executed when property is sold that serves as evidence of the transfer of ownership from the seller to the buyer. It explains the process for executing a sale deed, from drafting the deed and having both parties sign it to registering it with the sub-registrar's office. The objective is to study the meaning of a sale deed and its essential components through descriptive and analytical research of legal sources.

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Vaibhav Verma
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907 views5 pages

Drafting Pleading and Conveyancing

The document discusses the meaning and essentials of a sale deed, which is a legal document executed when property is sold that serves as evidence of the transfer of ownership from the seller to the buyer. It explains the process for executing a sale deed, from drafting the deed and having both parties sign it to registering it with the sub-registrar's office. The objective is to study the meaning of a sale deed and its essential components through descriptive and analytical research of legal sources.

Uploaded by

Vaibhav Verma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DR.

RAM MANOHAR LOHIA NATIONAL


LAW UNIVERSITY

2017-2018

DRAFTING OF PLEADING AND CONVEYANCING

SYNOPSIS

SALE DEED-MEANING OF SALE DEED AND ITS


ESSENTIAL

Submitted to Submitted by

Mrs. Shakuntala Sangam Vaibhav Verma

Asssistant Professor(Law) Enroll No. 140101157

Sec-B, Sem-VI

1
INTRODUCTION

A sale deed, also known as conveyance deed, is a critical document in property transactions. It is
a legal document and an evidence that the sale of a property has been made in favour of the
buyer from the seller. It is also a proof that the buyer is the absolute owner of the said property.

Here is how a sale deed is executed:


 The deed is executed after the execution of the agreement to sell, and after complying with
various terms and conditions outlined in the agreement.
 The draft sale deed is made on a non-judicial stamp paper as prescribed by the Stamp Act of the
state concerned. The document lays down the terms and conditions of the sale and contains the
details of the parties, the property, the sale amount, the advance payment, the dates, the mode of
payment, the time for handing over the original documents and the possession of the property,
etc.
 Apart from giving the complete details of both the seller and the purchaser, the contract is signed
and executed by both the parties. Details outlining the specifications of the property —
identification number, total area of the plot, details of construction, the total amount to be paid,
the instruments through which such transactions will be made — are also stated.
 The earnest money paid by the buyer also finds a mention in the agreement.
 Besides giving a detailed list of documents executed by him in favour of the buyer, the seller also
certifies that the property under sale is free from any encumbrance.
 Subject to an agreement between the parties, payments such as property tax, water charges,
electricity charges, society maintenance charges, etc, should be paid by the seller before the
execution of the sale deed.
 Once all the terms and conditions have been agreed upon, the sale deed is made. The main
document for the transfer of ownership of property, it is executed by all the parties and all pages
of the document are signed. It is mandated that the deed should be signed by at least two
witnesses, giving their full names and addresses.

2
 Under the Registration Act, the sale deed is registered at the sub-registrar's office, where it is
compulsory for both parties to be in attendance, along with original documents. For any reason,
if the buyer can't be present at the sub-registrar's office on the given day, he can give a power of
attorney to his agent to act on his behalf.
 After the sale deed has been signed by both the parties, the documents should be presented for
registration within four months from the date of execution. If it is not done, a grace period of
another four months is given on payment of some fine.
 Generally, the buyer is responsible for the stamp duty as well as registration charges.

OBJECTIVE OR AIM

The project is an attempt to study the meaning of sale deed and its essentials.

3
TENTATIVE CHAPTERISATION

1. ROLE
2. MEANING OF SALE DEED
3. ESSENTIALS
4. ORGANISATION
5. LIMITATIONS OF SALE DEED
6. NEW INITIATIVES
7. CONCLUSION
8. BIBLIOGRAPHY

RESEARCH METHODOLOGY

The researcher has relied on ‘Doctrinal methodology’ i.e. the method of my analysis is
descriptive and analytical. While researching on the topic, various books and internet sources
have been consulted. For thorough study of project topic, all the possible means and reasons
have been used.

4
REFERENCES

 https://en.wikipedia.org/wiki/Sale_deed
 https://www.commonfloor.com/guide/sale-deed-essentials-about-a-sale-
deed-15157.html

 https://www.legalindia.com/conveyancing-of-sale-deed-and-its-
requirements/

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