Sale Agreement Of Immovable Property for India

Sale Agreement Of Immovable Property Template for India

A Sale Agreement of Immovable Property is a legally binding document used in India that outlines the terms and conditions for the transfer of immovable property from a seller to a purchaser. The agreement is governed by Indian law, primarily the Transfer of Property Act, 1882, and must comply with state-specific registration and stamp duty requirements. It contains detailed provisions regarding the property description, purchase price, payment terms, warranties, possession transfer, and obligations of both parties. The document serves as a crucial preliminary agreement before the execution of the final sale deed and requires mandatory registration under the Registration Act, 1908.

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What is a Sale Agreement Of Immovable Property?

The Sale Agreement of Immovable Property is a fundamental document in Indian real estate transactions, essential for both residential and commercial property transfers. It is used when parties have agreed to the sale of immovable property but need to formalize the terms before executing the final sale deed. The agreement must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and state-specific property laws. It typically includes comprehensive details about the property, parties involved, consideration amount, payment schedule, warranties, and conditions for transfer. This document is particularly important as it creates a legally binding obligation between the parties and serves as the basis for the subsequent registration of the sale deed. The agreement must be stamped according to state stamp duty laws and should address all contingencies related to the property transfer, including title clearance, possession handover, and outstanding dues settlement.

What sections should be included in a Sale Agreement Of Immovable Property?

1. Parties: Details of the seller(s) and purchaser(s) including names, addresses, and legal capacity

2. Background: Context of the sale, brief property history, and intention of the parties to enter into the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Brief description of the property being sold (detailed description in Schedule)

5. Consideration: Purchase price, payment terms, and payment schedule

6. Seller's Representations and Warranties: Declarations regarding ownership, encumbrances, legal disputes, and property condition

7. Title and Documents: Confirmation of clear title and list of title documents to be provided

8. Possession: Terms and timing of property possession transfer

9. Registration and Expenses: Details about registration process and allocation of associated costs

10. Covenants and Undertakings: Obligations of both parties before and after sale completion

11. Default and Remedies: Consequences of breach and available remedies

12. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

13. Notices: Method and addresses for serving notices between parties

14. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

15. Execution: Signature blocks and execution formalities

What sections are optional to include in a Sale Agreement Of Immovable Property?

1. Power of Attorney: Required when any party is represented through a power of attorney

2. Society NOC: Required for apartments/properties in housing societies

3. Loan and Mortgage: Required when purchaser is obtaining financing

4. Development Rights: Required for properties with unused development potential

5. Third Party Rights: Required when there are existing tenants or other rights holders

6. Tax Implications: Detailed section on tax matters when complex tax issues are involved

7. Indemnification: Extended indemnity provisions for high-value transactions

8. Joint Ownership Terms: Required when multiple purchasers are involved

What schedules should be included in a Sale Agreement Of Immovable Property?

1. Property Description Schedule: Detailed description of property including boundaries, measurements, and features

2. Title Documents Schedule: List of all title documents and their details

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

4. Encumbrance Schedule: List of existing encumbrances, if any

5. Inventory Schedule: List of fixtures and fittings included in the sale

6. Outstanding Dues Schedule: Details of pending utilities, taxes, or maintenance charges

7. Approved Plans Schedule: Copies of approved building plans and permits

8. Chain of Title Schedule: History of previous ownership transfers

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
Clauses
Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Property Development

Housing and Urban Development

Commercial Property

Residential Property

Infrastructure

Agriculture (for agricultural land)

Industrial

Hospitality

Relevant Teams

Legal

Real Estate

Compliance

Finance

Risk Management

Business Development

Property Management

Documentation

Operations

Facilities Management

Relevant Roles

Real Estate Manager

Property Lawyer

Legal Counsel

Property Developer

Real Estate Agent

Compliance Officer

Title Officer

Property Valuation Expert

Business Development Manager

Property Portfolio Manager

Land Acquisition Manager

Contract Manager

Real Estate Finance Manager

Property Documentation Officer

Risk Assessment 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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