Deed Of Sale Condominium for India

Deed Of Sale Condominium Template for India

A legally binding document executed under Indian law that transfers ownership rights of a condominium unit from the seller to the buyer. The document complies with the Transfer of Property Act, 1882, Registration Act, 1908, and relevant state-specific apartment ownership laws. It details the property specifications, consideration amount, payment terms, and rights and obligations of parties regarding both the specific unit and common areas. The deed includes essential elements such as property description, ownership history, warranties of title, and provisions for society membership, making it a comprehensive instrument for condominium property transfer in India.

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What is a Deed Of Sale Condominium?

The Deed of Sale Condominium is a crucial legal document used in Indian real estate transactions for transferring ownership of apartment units. This document is essential when selling or purchasing a condominium unit in India, whether in a newly constructed building or an existing development. It must comply with multiple legislations including the Transfer of Property Act, Registration Act, and state-specific apartment ownership laws. The deed comprehensively covers property details, ownership rights, common areas, society membership, and maintenance obligations. It serves as permanent evidence of the transfer and requires mandatory registration at the Sub-Registrar's office. The document's format and content are specifically designed to address the unique aspects of condominium ownership, including shared facilities and community living arrangements, while ensuring legal compliance with Indian property laws.

What sections should be included in a Deed Of Sale Condominium?

1. Parties: Details of the seller (vendor) and purchaser with complete names, addresses, and legal capacity to contract

2. Background: Recitals explaining the ownership history, development of the condominium project, and intention to sell

3. Definitions: Defined terms used throughout the deed including property description, common areas, and relevant legal terms

4. Details of Property: Comprehensive description of the condominium unit, including floor area, boundaries, and share in common facilities

5. Consideration: Purchase price, payment terms, and acknowledgment of receipt

6. Transfer of Title: Express words of transfer and warranties of title as required by Indian law

7. Possession: Terms of delivering physical possession and associated conditions

8. Representations and Warranties: Seller's declarations regarding title, encumbrances, and property condition

9. Rights and Obligations: Parties' rights and obligations regarding the property and common areas

10. Registration and Stamp Duty: Provisions for document registration and payment of applicable stamp duty

11. Governing Law: Specification of Indian law as governing law and jurisdiction

12. Execution: Signature blocks and attestation requirements

What sections are optional to include in a Deed Of Sale Condominium?

1. Pending Litigation: Details of any ongoing legal proceedings affecting the property - include if applicable

2. Society Membership: Terms of transfer of society membership - include for cooperative housing societies

3. Mortgage Details: Information about existing mortgages and their discharge - include if property is mortgaged

4. Power of Attorney: Details if any party is acting through a power of attorney - include if applicable

5. Third Party Rights: Description of any third party rights or easements - include if they exist

6. Development Rights: Details of any pending development rights - include in developing properties

What schedules should be included in a Deed Of Sale Condominium?

1. Property Description Schedule: Detailed technical description of the property including measurements and boundaries

2. Common Areas Schedule: List and description of common areas and facilities with usage rights

3. Payment Schedule: Detailed breakdown of payment terms and installments if applicable

4. Title Documents: List of title documents and chain of title

5. Amenities Schedule: Details of included amenities and facilities

6. Encumbrance Certificate: Recent encumbrance certificate from registrar's office

7. Floor Plan: Approved floor plan of the condominium unit

8. Society Rules: Copy of applicable society/association rules and regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Banking and Finance

Legal Services

Housing and Urban Development

Property Management

Insurance

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Property Development

Sales

Customer Relations

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Property Developer

Construction Manager

Title Officer

Real Estate Transaction Manager

Housing Society Administrator

Property Documentation Specialist

Real Estate Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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