Sale Deed Drafting
What is a Sale Deed?
Sale Deeds are important legal functionalities that come in form of documents and incorporated between the purchaser and seller. Sale Deeds are executed during property purchasing or real estate transactions. The sides participating in a sale deed are often termed as grantee or grantor pertaining to legal expressions. Sale Deeds include the ownership transference from the seller to the buyer (as per the pre-determined favorable clause) and the purchaser continues to be in the complete possession of the property.
Why you require Sale Deed?
Sale deeds are crucial during any property deals. It is like a right to agreement over the deals that are pre- determined and to be followed by either parties i.e. the buyer and seller. In order to process a sales deal, the documents required are proof of identity of both parties, ownership proof and other important documents. It margins the purchasing rights of the buyer and provides legal rights. Sale deeds are mandatory for establishing property claims. All pending documents such as taxes, electricity/water charges are to be included in the sales deed.
Sale Deed Can Be Made for:
- Vehicle: Car & Bike
- Lands: Agricultural, Commercial & Vastu
- Property: Commercial & Residential
- House
- Business
- Transfer Shares
Documents required for sale deed registration
- Draft of Sale Deed/Title deed/Conveyance Deed
- 7/12 extract or RTC (Records of Rights and Tenancy Corps) Khata Certificate and Extracts
- Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder
- Power of Attorney if any
- Building plan sanctioned by the Statutory Authority
- Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
- If any loan on the property (Current or past) / Original Property Documents with Bank
- Sale agreement with the Seller
- All title documents of land owner
- A Copy of all registered previous agreements (in case of resale property)
- NOC from Apartment Association (in case of resale property)
Types of sale deed
Points of difference | Agreement of sale | Sale deed |
Sale deed | It implies the future transfer of the property | It signifies an immediate transfer of the property titles |
Risk involved | Risk/liabilities remain with the seller until the property is transferred in future | Risk is immediately transferred to the new buyer |
Contract | It is an executory contract. An executory agreement is one which has not been fully implemented | It is an executed contract |
Violation | Breach of sale may result in a suit for damages | Sale breach results in a legal complaint as well as monetary compensation for damages |
Registration | It is not mandatory to register agreement of sale. However, norms may differ across States | It is mandatory to register a sale deed |