MEANING

It is an instrument in writing which transfers the ownership of the property or properties

in exchange for a price paid/consideration. This is a document that requires to be
registered compulsorily.

What is sale deed?

An agreement to sell is the basic document on which a conveyancedeed is drafted.
It is always advisable to have an agreement to sell in writing. It precedes the
execution of a sale deed
A sale deed is one of the most valuable legal documents in a purchase or sale of a
property. It is governed by the Registration Act and is an important document for
both the buyer or the transferee and the seller or the transferor.
The purchase or sale of property is not legally complete until a sale deed is signed
between the buyer and the seller. Usually a sale deed is signed only after both the
parties are satisfied and comply with the terms and conditions as said in the
agreement.
How is it prepared?
To begin with the buyer and the seller agree to prepare a draft sale deed on nonjudicial stamp paper. This value of the sale deed will differ from state to state in the
country and as prescribed by the Stamp Act of the respective State.
Once the following details in the sale deed is agreed between the two parties the sale
deed is ready to be signed. The sale deed would also require to be signed by at least
two witnesses with all their details included.
What does it contain?
A sale deed has almost all the details required to carry out the purchase or sale of a
property. Beginning with the basic details like the full names of the buyer and the
seller, and their addresses, the other details in the draft sale deed would include the
details of the property under sale such as its identification number, its exact location,
the address, total area of the property, and the detail of the construction if it is a
house.
Most importantly the sale deed would require the seller to certify that the property
under sale is free from any encumbrance and without any lien.
.

If there is an existing loan taken against the property the seller should settle the loan
and then only execute the sale deed. However, it is always better for the buyer to
check this with the local registrar's office.
Besides these the draft sale deed would also include the total amount to be paid for
the purchase/sale of the property, advance amount paid if any, the dates on which
the payment are made, how it is paid, the time given for the payments, the details of
the bank transactions of the payments, etc.
The sale deed would also mention about the receipt issued by the seller to the buyer
for the money received towards the sale transaction.
It would also clearly mention the exact date on which the seller would hand over to
the buyer the original property related documents and the date of subsequent
possession of the property under sale.
The draft sale deed would also mention the indemnity provisions for the buyer and
the seller.
How does it work?
The sale deed is registered at the jurisdictional sub-registrar's office. Apart from the
buyer and seller of the property under sale the witnesses should also be present at
the time of registration.
Sometimes if the buyer or seller is not in a position to be physically present his
nominated agent empowered with a Power of Attorney is legally allowed to execute
the sale deed.
The original documents related to the sale of the property should be produced within
four months from the date the sale deed is to be executed. If this is not possible the
registrar might allow a grace period of another four months to produce the original
documents however this delay might attract a maximum penalty of 10 times the
registration charges related to the property.
Usually, the buyer would pay the stamp duty and the registration charges. And the
seller on his part should ensure that all payments related to the property such as
property tax, cess, water and electricity charges, and others was paid before the sale
deed is executed.
So the next time before you sign on the dotted lines make sure you are cross-checked
all details.

SALE DEED
This DEED OF ABSOLUTE SALE executed at
, 2004 by
s/o
residing at

on this the

day of

hereinafter called the VENDOR of the one part which expression shall include his
executors, administrators, legal representatives, successors etc.

TO AND IN FAVOUR OF
w/o

residing at

hereinafter called the PURCHASER of the Other Part which expression wherever the
context so requires shall mean and include his heirs, executors, administrators, legal
representatives, successors etc.
WHEREAS the VENDOR herein has purchased the said property more fully
described in the Schedule hereunder from Thiru.
in and by sale deed dated
and registered on
as Document No.
of (year) of Book 1 volume No.
filed at pages
to
on the file of the Sub Registrar of
.
WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of
the property more fully described in the Schedule hereunder with a constructed house
thereon ,which was constructed by him with his self-earned funds , till date.
WHEREAS the VENDOR is the exclusive owner of the property more fully
described in the schedule hereunder and he has absolute right to dispose of
the same as in the manner he wishes;
AND WHEREAS the VENDOR is in need of funds in order to meet his
personal commitments and family expenses and has decided to sell the property
more fully described in the Schedule hereunder for a sum of Rs
/(Rupees
only) and the PURCHASER herein has also agreed to purchase the
same for the said price and to the effect they entered into an agreement to sell
dated
.

NOW THIS DEED OF SALE WITNESSETH

THAT in pursuance of the aforesaid agreement and in consideration of a
sum of
Rs.
(Rupees
only)
received by the VENDOR in cash and the receipt of the said entire consideration
of Rs.
(Rupees
only) , the VENDOR
doth hereby admit, acknowledge, acquit, release and discharge the VENDOR
from making further payment thereof and the VENDOR doth hereby sell, convey,
transfer, and assigns unto and to the use of the PURCHASER, the property more
fully described in the Schedule hereunder together with the water ways,
easements, advantages and appurtenances, and all estate, rights, title and
interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD
the said property hereby conveyed unto the PURCHASER absolutely and
forever.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS

FOLLOWS:

1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the PURCHASER without any interference,
interruption, or disturbance from the VENDOR or any person claiming through or under
him.
2. That the VENDOR has absolute right, title and full power to sell, convey and
transfer unto the PURCHASER by way of absolute sale and that the VENDOR
has not done anything or knowingly suffered anything whereby his right and
power to sell and convey to the PURCHASER the property hereby conveyed.

3. That the property is not subjected to any encumbrances, mortgages, charges,

lien, attachments, claim, demand, acquisition proceedings by Government or any
kind whatsoever and should thereby and the VENDOR shall discharge the same
from and out of his own funds and keep the PURCHASER indemnified.

4. That the VENDOR hereby declares with the PURCHASER that the VENDOR
has paid all the taxes, rates and other outgoings due to Local bodies, revenue,
urban and other authorities in respect of the property more fully described in the
Schedule hereunder up to the date of execution of this sale deed and the

PURCHASER shall bear and pay the same hereafter. If any arrears are found
due to the earlier period, the same shall be discharged by the VENDOR

5. That the VENDOR has handed over the vacant possession of the property more fully
described in the Schedule hereunder to the PURCHASER on
and delivered the
connected original title document in respect of the schedule mentioned property hereby
conveyed on the date of execution of these presents.
6. That the VENDOR will at all times and at the cost of the PURCHASER
execute, register or cause to be done, all such acts and deeds for perfecting the
title to the PURCHASER in the property hereby sold and conveyed herein.

7. That the VENDOR do hereby covenants and assures that the PURCHASER is
entitled to have mutation of his name in all public records, local body and also
obtain patta in the name of the PURCHASER and undertakes to execute any
deed in this respect.

SCHEDULE OF PROPERTY
The Market Value of the Property is Rs.

In witness where of the VENDOR and the PURCHASER have set their
signatures on the day month and year first above written.

Witnesses:
VENDOR
1)

2)

Drafted by:

THE PURCHASER