Deed Of Sale With Assume Balance for India

Deed Of Sale With Assume Balance Template for India

A Deed of Sale with Assume Balance is a legal document used in Indian property transactions where the buyer not only purchases the property but also takes over the seller's existing loan obligations. This document, governed by Indian property and contract laws, particularly the Transfer of Property Act 1882 and the Registration Act 1908, combines elements of a traditional property sale deed with specific provisions for the assumption of the outstanding loan balance. It details the property specifications, purchase price, assumed loan terms, and the mechanisms for transferring both the property ownership and loan obligations from seller to buyer.

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What is a Deed Of Sale With Assume Balance?

The Deed of Sale with Assume Balance is a specialized legal instrument used in Indian real estate transactions where the buyer agrees to take over the seller's outstanding loan obligations as part of the property purchase. This document type is particularly useful in situations where the seller has an existing mortgage or loan against the property, and the buyer prefers to continue the loan rather than arrange new financing. The deed must comply with the Transfer of Property Act 1882, Registration Act 1908, and relevant state-specific property laws. It typically includes detailed information about the property, the outstanding loan amount, terms of assumption, and specific conditions set by the original lender. This arrangement can be advantageous when interest rates on the existing loan are favorable or when the buyer wants to avoid the complexity and costs of new loan origination.

What sections should be included in a Deed Of Sale With Assume Balance?

1. Parties: Identification of the Seller, Buyer, and existing Lender (if applicable)

2. Background: Context of the sale, including current ownership status and existing loan/balance details

3. Definitions: Key terms used throughout the deed including Property, Assumed Balance, Settlement Date, etc.

4. Property Description: Detailed description of the property being sold, including boundaries and registration details

5. Sale Consideration: Details of the total purchase price, including direct payment and assumed balance components

6. Assumption of Balance: Terms and conditions of the balance being assumed, including amount, payment schedule, and interest rate

7. Seller's Representations and Warranties: Declarations regarding property title, encumbrances, and existing loan status

8. Buyer's Undertakings: Commitments regarding assumption of balance and future payment obligations

9. Transfer Mechanics: Process and timing of property transfer and balance assumption

10. Registration and Stamp Duty: Requirements and responsibilities for deed registration and stamp duty payment

11. Possession: Terms regarding the handover of property possession

12. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction

What sections are optional to include in a Deed Of Sale With Assume Balance?

1. Lender's Consent: Required when the existing lender must formally approve the assumption of balance

2. Insurance: Include when specific insurance requirements are tied to the assumed balance

3. Property Tax Arrangements: Include when there are specific arrangements for handling outstanding or future property taxes

4. Maintenance Charges: Required for properties in managed communities with maintenance obligations

5. Default and Remedies: Detailed section needed when parties want specific remedies beyond standard legal provisions

6. Third-Party Claims: Include when there are potential third-party interests or claims on the property

7. Broker's Commission: Required when real estate agents are involved in the transaction

What schedules should be included in a Deed Of Sale With Assume Balance?

1. Property Details Schedule: Detailed property specifications, including floor plan, boundaries, and fixtures

2. Payment Schedule: Detailed breakdown of assumed balance payment structure and timeline

3. Outstanding Loan Details: Complete information about the loan being assumed, including original terms

4. Title Documents: List of all title and ownership documents being transferred

5. Encumbrance Certificate: Recent encumbrance certificate showing property's legal status

6. Property Tax Records: Statement of current and outstanding property taxes

7. Lender's Consent Documentation: Written approval from lender for balance assumption, if applicable

8. Property Inspection Report: Current condition report of the property

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

Banking and Financial Services

Legal Services

Property Development

Construction

Housing Finance

Property Management

Mortgage Services

Real Estate Investment

Relevant Teams

Legal

Real Estate Operations

Property Management

Mortgage Services

Compliance

Documentation

Risk Assessment

Property Valuation

Title Research

Loan Processing

Relevant Roles

Real Estate Lawyer

Property Manager

Mortgage Officer

Real Estate Agent

Property Developer

Legal Counsel

Compliance Officer

Banking Manager

Property Valuation Expert

Title Officer

Real Estate Investment Manager

Documentation Specialist

Property Registration Officer

Loan Officer

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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