How to Draft a Sale Deed
- 1 How to Draft a Sale Deed
- 2 Documents Required for Sale Deed Registration
- 3 Clauses in sale deeds
- 3.1 1. Sale Deed Parties
- 3.2 2. The property’s description
- 3.3 3. Consideration for the sale
- 3.4 4. Payment Methods
- 3.5 5. Instalments and advance payments
- 3.6 6. The ‘Transfer of Title’ clause
- 3.7 7. Possession of the property and delivery of the deed
- 3.8 8. Clauses of encumbrance and indemnity
- 3.9 9. Payment Methods
- 3.10 10. Instalments and advance payments
- 4 Property for Sale Deeds Sellers to Provide Compulsory Statements
Here are the steps involved in transferring property by sale deed as discussed in this blog:
STEP 1: Recognize your needs. Consult a lawyer if you need legal advice
STEP 2: Drafting
STEP 3: Creating the sale deed
STEP 4: Making an appointment with a sub-registrar: The legal representative will schedule an appointment at the office of the sub-registrar under which the property is located.
The registration process. It will be necessary for you, two witnesses, and your solicitor to sign the paper at the sub-registrar’s office. After that, you will need to pay the registration fee and have it registered.
STEP 6: Sale deed registered
Documents Required for Sale Deed Registration
- Sale deed draft
- Please let me know if you have any powers of attorney
- Building plan approval by the Statutory Authority
- Documents related to the property owner’s title
- Copy of all previous agreements in the case of resale property
- Receipts for recent tax payments
- For resale property, the most recent electricity bill and receipt are required
- An NOC will be issued by the apartment association (in the case of resale properties).
Clauses in sale deeds
1. Sale Deed Parties
In this clause, information about the seller and buyer is provided, including their names, addresses, and ages. Additionally, it includes contact information and occupations. Sellers and buyers can also be referred to as vendors and vendees.
Several conditions must be met before one enters into a land purchase or sale transaction.
Make sure you are over 18 years old and in good health.
2. The property’s description
An informational clause in a sale deed specifies the dimensions of the property being transferred. In the sale deed, details about the property are provided, including the dimensions of the plot in meters or yards, the area of the property in which directions, the carpet area in apartments, and the registration number of the land, which can be searched in public records. The construction details of buildings are provided, including the year of construction, exact location, and surrounding areas, such as a nearby bus depot or garden.
3. Consideration for the sale
It is important for a buyer or seller to know the price at which their property is purchased or sold. A consideration clause specifies the valuation at which land was transferred and the contract between the parties to the deed. To prevent misunderstandings, prices are presented in numbers and figures.
4. Payment Methods
In the sale deed, all details that can be written should be included. One such thing is a buyer’s payment method. Depending on the agreement between the parties, the payment method can be cash, cheque, or demand draft. Funds can also be transferred via internet banking. It is important that the parties agree on the amount and the method of payment in the sale deed.
5. Instalments and advance payments
It is possible for the seller or vendor to ask the buyer to pay a portion of the purchase price before the deed is executed. You can pay the rest later. This is often done by sellers to prevent buyers from cancelling the agreement. The buyer must close the deal since he has already made an advance payment.
6. The ‘Transfer of Title’ clause
Being a property owner is the primary goal of purchasing property. This is simply the transfer of ownership. The sale deed specifies when the title to property passes from vendor to buyer. In this clause, the term ‘words’ or ‘conveyance’ is used. It can be done immediately or within a certain period of time. As a result, the seller transfers all rights to the buyer, making him the absolute owner.
7. Possession of the property and delivery of the deed
Deeds clearly state when a property will be transferred to a buyer. The seller must also deliver the sale deed to the buyer. A seller must also deliver the buyer’s sale deed and agreement.
8. Clauses of encumbrance and indemnity
As part of a sale agreement, this clause ensures that the asset is free of encumbrances, meaning that the seller has compensated all existing charges on the property before selling it. For example, taxes, fees, dues, demands, late fees for electric charges, water charges, overdue debts, house taxes, capital costs, prior assignments of sale, leases, or other charges. Some of these charges can be insured by the vendor if they remain.
9. Payment Methods
Funds can also be transferred via internet banking. It will mention the amount and the payment method, whichever the parties agree to.
10. Instalments and advance payments
It is possible for sellers or vendors to request that the buyer pay a portion of the purchase price before the deed is executed. You can pay the rest later. It is a practice often followed by sellers to ensure the buyer won’t cancel the deal. Since the buyer has already paid an advance payment, he must close the deal. The sale deed would note the amount received as an advance or partial payment. Seller acknowledges receipt and calculates balance based on this acknowledgement.
Property for Sale Deeds Sellers to Provide Compulsory Statements
The Property Transfer Act 1882 requires the seller to make specific disclosures and depictions and perform specific acts to sell an asset. Section 55 of this Act is particularly noteworthy. ‘Rights and Liabilities of Buyer and Seller’ is covered under section 55. Subsection (1) outlines the seller’s obligations.
The following are among them:
- Sellers should disclose to buyers any material defects in the property, in the seller’s title, or third-party claims or disputes they are aware of. However, the buyer isn’t, which the buyer couldn’t do under normal circumstances
- All title documents about the property that are in the seller’s possession or are capable of being produced to the buyer upon his request shall be produced
- Provide the purchaser with as much information as possible about the real estate or title
- In order to perform the proper transference, the purchaser must tender the property to him at the appropriate time and place, upon payment or subcontracting the amount due about the price.
- From the time of the agreement until delivery, take good care of the property and all title documents relating to it
- To grant the purchaser or such person as they guide, upon request, ownership of property according to its nature
- Upon sale, all rent and government charges owed about the property must be paid
Legal proof of ownership transfer, the Sale Deed is essential for purchasing and selling property and land. Sub-Registrars in the region are responsible for registering Sale Deed Drafts. The stamp duty and registration fees must be paid accordingly.