What is a Sale Deed?
A sale deed is a document created by the parties to a property sale to complete the purchase agreement and transfer possession to the buyer. A sale agreement is formed with the correct sale deed format containing all of the terms and conditions that must be followed in the sale’s processing, whereas a deed of sale is a document created to complete the final purchase. The correct sale deed format in India is available below.
The buyer should ensure that the property’s title is free of all encumbrances before signing the sale deed. The buyer must check the encumbrance status with the registrar’s office before purchasing the property. After confirming that the property is free of encumbrances, the buyer should confirm that all statutory payments, such as water/electricity bills, cess, property tax, and maintenance charges, have been made and that there are no outstanding dues or permissions for the property to be transferred via a sale deed.
Property buyers should be aware that the sale deed is one of the most significant documents that establish proof of ownership following the purchase. As a result, obtaining this document should be a priority.
What are the uses of a Sale Deed in India?
The following are the reasons why a sale deed should be prepared:
- Prevent fraud: The registration of a deed sale helps the authorities to keep an eye on property transactions that are fraudulent.
- Creates evidence: The registration document has evidentiary value, which means it can be used to show the document’s title in a court of law.
- Establishes title: The property’s title will be correctly established.
- Easy taxation: The amount of money spent on a property transfer can be correctly calculated, making the taxation process simpler.
14 necessary provisions that must be in the Sale Deed Format
A sale deed is a legal document used in real estate transactions to prove the sale and transfer of property ownership from the seller to the buyer.
A sale deed, also known as a final deed or conveyance deed, is a legal document that transfers ownership of a property from one person to another in exchange for a price or value. It’s designed for the sale or purchase of land, as well as any structures built on it. The individual who transfers the property is referred to as the transferor or seller, and the person to whom the property is transferred is referred to as the transferee or buyer.
The parties’ information, the property’s final deal price, the accepted mode of payment, and the deadline for turning over control of the property, as well as the original documents, are all listed in the document. It also serves as documentation that the buyer is the sole owner of the property in question.
1. Deed’s Title/Name: It is up to the parties to decide which deed should be created, such as a DEED OF SALE, DEED OF MORTGAGE, DEED OF LEASE, etc., and on which ownership of immovable property will be transferred. Parties may utilise DEED OF SALE (OR) SALE DEED since this Sale deed.
2. Parties to the sale deed: An absolute sale deed must include the names and addresses of all parties to the transaction, and both the seller and the buyer must be competent to enter into a contract in order for the sale to be effective. It is critical that the sale deed be properly signed and executed by both parties with their true intentions. A legitimate sale deed must begin with a detailed listing of the parties involved.
3. Full description of the property sold: A legitimate sale document must include a complete description of the property being sold. It must include the following information: identification number, total plot area, building specifications, and placement in relation to its surroundings. In the selling deed, there must be a schedule of the property that specifies the specific place where the property is located.
4. Consideration Clause: A sale contract must contain a provision detailing the sale consideration/amount agreed upon by the seller and the buyer, which the buyer must pay to the seller upon execution of the sale deed. To avoid any onus on the parties to the transaction, a sale amount should be clearly specified in the sale deed as agreed in the agreement to sell.
5. Advance payment, if any: If the buyer pays a token amount to the seller, it must be explicitly stated in the sale deed, as well as how much the remaining balance is to be paid when the sale deed is executed.
6. Mode of payment: The buyer must always select how he will pay the selling consideration amount, whether by cash, cheque, or demand draught, and the seller must agree to this.
7. Title transfer: A sale deed should include a clause stating when the original title to the property will be transferred to the vendee. The seller should be given a deadline for transferring the title. All rights to the immovable property pass to the vendee once the title is transferred.
8. Possession transfer: Once the registration process is completed, the vendor will transfer possession of the immovable property to the vendee. The date of actual conveyance of possession must be included in the sale deed.
9. Indemnity Clause, if any: Before the sale deed is executed, the seller must clear all statutory charges, such as property tax, electricity charges, water bills, cess, society charges, maintenance charges, and all other charges connected to the property. If the 6 property has any encumbrances, the seller must repay the debt and get the property papers cleared of the encumbrance. It is the buyer’s responsibility to check the encumbrance status.
10. Execution: Once the Sale Deed has been prepared, all parties must sign it with their thumb impression or full signature. Both the seller and the buyer should sign each page. Any erasure, change, addition, or deletion must be validated by the parties’ complete signatures. The selling deed must be signed in the presence of two witnesses. Witnesses must provide their full names and addresses.
11. Registration Clause: The registration of a tangible immovable property is required if the value of the property exceeds rupees 100/-, according to Section 17 of “The Registration Act, 1908,” and it is the registration of the property that makes the sale lawful. Both parties must appear in person or through their lawfully authorised agent(s) before the jurisdictional sub-registrar office with the original documents within four months of the date of execution to have the registration completed. The vendee must pay a stamp duty to the subregistrar in order for the registration to be completed. To receive a certified copy of the registration document for future reference.
12. Testatum: A sale deed is created once all terms and conditions have been agreed upon by both parties. At least two witnesses, one from the seller’s side and one from the buyer’s side, should sign the executed sale deed, giving their full names, addresses, and signatures.
13. Original documents: Once the property has been registered under the registration legislation, the seller must send over all original documents to the vendee. The vendee will get all statutory rights, including ownership, possession, title, and interest.
14. Default clause: A contract for the sale of immovable property should include a clause that states that if the vendor or the vendee breaches the contract, the party who rescinds the contract must pay damages to the other party for the breach of contract so that the sale deed can be completed.
What are the types Of Purchase and Sale Contracts?
Because there are so many different types of purchase and sale agreements, be sure you know the difference between a buy and sale agreement for a house and a purchase and sale agreement for a car. While the basic elements of a contract are basically the same across all papers, there are always significant changes to be aware of.
House Purchase and Sale Agreement
A buy and selling agreement for a house covers the transaction’s specific demands and provisions. It will take into account escrow, closing, and expectations, as well as real estate terms not found in any other sort of buy and sale agreement.
Car Purchase and Sale Agreement
A purchase and sale agreement will detail all aspects of the ownership transfer when buying or selling a car. They usually have fewer terms and conditions and are shorter. They do, however, share some common elements, such as payment, inspection, and transferability.
How can an NRI lawyer help in drafting the Sale Deed in the correct Sale Deed Format?
Both the buyer and the seller lose time, resources, and money when problems arise during a real estate transaction especially if they are an NRI. As a result, having a purchase and sale agreement that supports and facilitates the transfer of a home from a seller to a buyer is critical. Contracts have special legal ramifications, thus instead of employing contract templates, you should hire a property lawyer to draught them.
A lawyer will take the time to learn about your unique position and needs in order to tailor the agreement to your goals. He or she will also make certain that it complies with all applicable legislation in your area.
Knowing that your agreement was drafted by a legal practitioner rather than guessing with online templates can provide you added peace of mind and reassurance. Do not gamble with the most important transaction or purchase of your life. Working with a lawyer to design a buy and sale agreement will protect you.
How to transfer property using a sale deed in India?
The following are the steps involved in transferring property by Sale Deed:
STEP 1: Analyze your requirements
Engage the services of a lawyer and discuss your needs with him or her.
STEP 2: Final Draft
The lawyer will write the Sale Deed for your scrutiny and approval within 3 working days based on your responses.
STEP 3: Sale Deed Printing
Once you’ve approved the draught of the sale deed, it’ll be printed on non-judicial stamp paper.
STEP 4: Schedule an appointment with the sub-registrar
The lawyer will schedule an appointment with the registrar in the county where the property is located.
STEP 5: Sale Deed Registration
You, two witnesses, and your lawyer will go to the registrar to sign the paperwork and have it registered by paying the registration fees.
STEP 6: Registered Sale Deed
Once the deed is signed and the registration fees are paid, the registrar will issue the registered sale deed.
Lawyers should be contacted to fully comprehend the requirement. To begin the process, you will need to provide some basic information. The lawyers will begin working on your document after all of the necessary information has been submitted and payment has been paid. You will also receive the first draught of your legal document within a few days. You can assess the document and, if necessary, notify the corrections.
What is the registration process of a property as an NRI?
To confirm the sale deed and close the contract, both the seller and the buyer must retain all important documents with the sub-registrar. The following items are included in the registration of a sale deed:
- The property’s worth must be calculated using the circle rate in that area.
- The real amount paid for the property is connected to the area’s circular rates. When calculating stamp duty, the higher of the two numbers must be taken into account, as well as the circle rate and the actual price paid.
- In addition, a non-judicial stamp paper of the calculated value must be purchased as a result.
- As a result, the deed must be supplied and typed on stamp papers.
- The final step in getting the selling deed recorded is to compare the sub-registrar office. Two witnesses must accompany the parties.
What are the documents required for Sale Deed Registration?
- Sale Proposal Draft If any Building Plan has been approved by the Statutory Authority, a Deed Power of Attorney must be executed.
- Builder/Co-Operative Society/Housing Board Allotment Letter
- All of the property owner’s title documents
- A copy of all previously registered agreements (in case of resale property)
- Receipts for recent tax payments
- For the aforementioned residence, the most recent power bill and receipt (in case of resale property)
- The Apartment Association has given their approval (in case of resale property)
How to cancel the sale deed?
A deed can be cancelled bilaterally by the seller and the purchaser if there is an agreement to that effect. Only if one party requests cancellation and the other refuses to accept it is the cancellation process initiated.
When a deed can be annulled, Sections 31 to 33 of the Specific Relief Act of 1963 provide guidance. This Act allows for cancellation when an individual believes the deed is voidable or has reasonable doubt that such a deed would cause him harm if left outstanding. If the deed was registered in accordance with the provisions of the Indian Registration Act of 1908. The cancellation can be carried out if all parties agree.
In case of a partial cancellation
The court may partially cancel the deed and agree to let it stand for the remainder if there are clear indicators of prejudice or if various people referenced in the document have different rights or obligations.
In case of a Compensation
If the court deems it appropriate, the other party may be asked to compensate or restore the benefits received by the former due to the unfair nature of the deed, as well as pay the offended all dues owed to them.
If a defendant refuses to pay compensation because the deed against him or her is voidable or the defendant has reaped various benefits as a result of it, the court may require the defendant to pay compensation.
If the deed was not drawn up in accordance with the laws set forth in Section 11 of the Indian Contract Act of 1872, the court may choose to allow him to restore any advantage that that party received as a result of the deed.
The relief granted is based on the principle of protective or preventive justice, and so applies to the plaintiff’s documents. This does not imply that the plaintiff must be a party to the contract; rather, if the deed is in their best interests, they may initiate a lawsuit.
Conditions must be met:
- The deed must be void or voidable in their presence.
- A reasonable fear of the plaintiff suffering serious injury
- The case is suitable for a court decision.
How to get a certified copy of if the Sale Deed is lost?
The sale deed is a crucial legal document that documents the seller’s transfer of ownership to the buyer. As a result, it’s critical to keep such a document safe. If the original sale deed is lost, the jurisdictional sub-office registrar’s can provide a certified copy or a duplicate sale deed. It is critical that a person who has misplaced the sale deed make sincere efforts to retrieve or locate the original selling deed.
Obtain a certified copy of a lost sale deed by following the procedures below:
- Obtain a certified copy of File a police report. The initial step after losing any critical document or item is to register a FIR with the local police station. The validity of the FIR is critical. As a result, it is recommended that the complainant’s signature, the Police Station’s stamp, the signature of the Duty Officer, and the FIR number should be checked. If the police are unable to locate the document, a non-traceable certificate is issued.
- Place an ad in the newspaper. It is critical that you announce your loss in a prominent publication to demonstrate to the sub-registrar that you have made every effort to locate the document. All of the relevant information must be included in the advertisement. If the sale deed is not found after such an advertisement, you may file an affidavit.
- You may now file an application with the registrar after making a reasonable effort to recover the selling deed. You must submit a notarized affidavit with the following information for this purpose:
- All of the property’s specifics.
- A copy of the FIR should be attached.
- A copy of the non-traceable certificate should be attached.
- A copy of the advertisement should be attached.
- Include a guarantee that the information you present is accurate and genuine.
- Submit the affidavit to the sub-registrar along with an application for a certified copy of the sale deed and the prescribed fee. The Sub-registrar will release a certified copy of the sale deed in 2-4 weeks.
FAQ’s on Sale Deed format in India
Is it possible for anyone to obtain a copy of the Sale Deed?
A public document is a sale deed. As a result, anyone can acquire a copy of the sale deed. To get a copy, you’ll need to know important facts such as the property schedule information, the property owner’s name, and the document number. In some areas, such as Tamil Nadu and Andhra Pradesh, it is possible to obtain such copies using an online service.
Is it necessary to register a deed sale?
Yes, in order for a deed of sale to be valid in a court of law, it must be registered.
Who is responsible for stamp duty when registering a deed of sale?
The Stamp Duty for registering the deed of sale is paid by the buyer.
What is the difference between a sale deed and a sale agreement?
A sale agreement for mobile property is not the same as a sale deed for the same property. In simple terms, a property sale agreement is a contract that states that the property will be sold on the terms agreed upon by the parties. It lays out the terms and circumstances for the transfer of the property (to be sold).
So, a sale agreement is essentially a commitment to transfer a property in the future if specific terms and circumstances are met. For the prospective buyer, it does not develop or establish any rights or interests in the property.
In the event that you buy a house, how much stamp duty do you have to pay?
In India, stamp duty ranges from 4 to 10% of the property’s sale price, depending on the state in which the property is located. The following is a breakdown of stamp duty charges by state:
|Delhi||4% if the vendee is a woman 6% if the vendee is a man|
Is it necessary to register a sale deed with the sub-registrar office?
Yes, a sale document must be filed in respect to immovable properties worth more than Rs. 100/-, according to the Registration Act, 1908.
What happens if I don’t register the deed of sale?
You are taking a significant risk if you do not register the sale deed. A sale deed that hasn’t been registered can’t be used as evidence in court. In the event of a dispute over property title, rights, responsibilities, or obligations, the sale document will not be admissible as evidence. As a result, the court may not recognise you as the property’s lawful owner.
READ MORE: NRI BUYING PROPERTY IN INDIA
READ MORE: NRI SELLING PROPERTY IN INDIA