SALE DEEDS

A PROJECT REPORT Submitted

to:
Mrs. Richa yadav
Subject: SALE DEEDS DRAFTING AND REGISTRATION.
Submitted By:
Rohan Sharma
A3221615011
B.Com LLB (Hons.)
8th Semester Batch- 2015-2020

Amity Law School

Amity University Campus Sector-125, Noida, Uttar
Pradesh

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Sale Deed

Sale Deed is a legal document describing the transfer of right, title and
ownership of Property by a Seller to a Purchaser at a price either fully
paid or to be paid in installments at a future date.

A Sale Deed is executed only after entering into an Agreement to Sale

and it is governed by the Registration of Property Act, 1908. An
Agreement to Sale should ideally be executed before the Sale deed to
bring out the mutually agreed terms and conditions of sale. The entire
amount of sale transaction also known as sale consideration is paid at
the time of registration of Sale Deed. However, deferred payment of sale
consideration doesn’t attract passing of the title to the Sale Deed.

Contents of a Sale Deed

The foremost thing to decide is the title. It becomes important to ensure if

the title to the property is free of all encumbrances. Scrutinizing the title
documents is a process of knowing the original owner of the property,
flow of title and the present owner of the property. After ascertaining that
there are no encumbrances, it is also important to ensure that all the
statutory payments like water bill, electricity bill or property tax have
been paid and no further payments or permission are required for the
transfer of property through a sale deed.
The Sale Deed contains the complete details of Buyer and Purchaser,
full description about the property which is going to be transferred,
details of settlement of loan, if any, the total sale amount and the
advance payment mentioning the date of payment along with the mode
of payment and indemnity stating the liability of Buyer and Seller if either
of them fails to fulfill the terms of the agreement. Sale Deed also
mentions the date when the subsequent possession of property with
complete title will take place on the payment of remainder amount or
fulfillment of some condition.

Execution of Sale Deed

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The execution of Sale Deed takes place by affixing either thumb
impression or signatures of both the parties. Each Page of the Sale
Deed is signed by the parties and any addition, subtraction or alteration
has to be verified with signatures by both the parties.
Registration of Sale Deed: Every sale of tangible immovable property
exceeding the value of Rs 100/- requires compulsory registration in
order to make the execution of sale valid. By the purview of Section 17
of Registration of Property Act, 1908, both parties are required to be
present before the jurisdictional sub registrar’s office within four months
of the execution of the Sale Deed along with all the original documents.
Stamp duty is paid by the purchaser according to the stamp duty rates
of the respective state. After this, the registered copy of the sale deed is
handed over to the purchaser by the sub registrar office. Final Result:
Once the registration of sale deed gets done then all the original
documents pertaining to the property are handed over to the purchaser
by the sub registrar. The registration entitles the passing of right title,
ownership, interest, possession and privileges associated with the
property.
Drafting a Sale Deed requires a sound knowledge of all the legal
contents which can be incorporated in the Agreement to Sale so that no
discrepancies arise at the time of registration under the Registration of
Property Act,1908.

It is an instrument in writing which transfers the ownership of the

property from one person to another in exchange for a price
paid/consideration. The person transferring the property is called the
Seller or the transferor and the person making payment in order to get
the property is called the Buyer or the transferee. Sale Deed is made for
sale/purchase of land or any premises constructed on land. Sale Deed is
the document which would be executed once final possession is given.

Advantages

· Protects Parties The deed protect 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 on paper a
well-defined description of the property that is being purchased,
including the square footage and the location.

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 SALE DEED

This DEED OF ABSOLUTE SALE executed at on this the day of , 2004 by

s/o residing at

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

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 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.

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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) THE PURCHASER

Drafted by: