Sale Deed

Overview:

A sale deed is a pivotal legal document that solidifies the transfer of property ownership between a seller and a purchaser. It serves as a formal contract, meticulously executed by both parties. This document holds immense significance as it is registered in compliance with the Registration Act, 1908.

Essential details such as the agreed-upon price, any outstanding dues, the property’s total area, and the intricacies of ownership transfer must be accurately delineated in the sale deed. To ensure a smooth transaction, it’s imperative to grasp the sale deed’s process, its indispensable components, and even acquaint oneself with the prescribed format for its execution.

Seller/Transferor: The individual who currently owns the property and is willing to sell it at an agreed price.

Witness: A person who attests to the signing of the sale deed by both the buyer and the seller.

Transferee/Purchaser/Buyer: The individual who intends to purchase the property from the seller.

Stamp Duty: A tax imposed by the government on the legal recognition of certain documents, including sale deeds. It is calculated based on the property’s market value or the agreement value, whichever is higher, and varies from state to state.

Title: The legal ownership rights to a property, indicating that the owner has the authority to use, modify, or transfer the property to another individual.

Registration Fee: A fee paid to transfer and register the property in the buyer’s name, in addition to the stamp duty charges. The fee amount is capped at a maximum value (e.g., Rs. 30,000) or a percentage of the property’s market value, depending on the state.

Sale Price: The mutually agreed-upon price for the property between the buyer and the seller.

Execution: The process of signing or thumb-impressing the sale deed by all involved parties, including the seller, buyer, and witnesses, thereby acknowledging the agreement’s terms.

Registration: The compulsory registration of the sale deed under the Registration Act of 1908, typically done in the presence of both parties at the sub-registrar’s office.

Proof of Registration: A certified copy of the registered sale deed obtained from the registrar’s office, serving as evidence of the sale deed’s legal registration.

Sale Agreement: An initial agreement outlining the property’s sale particulars, including the agreed price and details of the buyer and seller.

Mode of Payment: The method used to complete the transaction, such as cash, cheque, online transfer, etc.

Important Elements of a Sale deed

Following are the important elements of a sale deed:

Property Description: The sale deed should provide a comprehensive description of the property being transferred. This includes details such as the address, dimensions, boundaries, and any other pertinent information that uniquely identifies the property. It should also include information on any structures or improvements on the property.

Consideration: The consideration clause in the sale deed specifies the agreed-upon purchase price for the property. It should clearly state the amount to be paid by the buyer to the seller. Additionally, any earnest money or advance payments made by the buyer should be acknowledged in this section.

Transfer of Title: The sale deed must clearly outline when the title to the property will be transferred from the seller to the buyer. This typically occurs upon the execution and registration of the sale deed. Any conditions or obligations that must be fulfilled before the transfer of title should also be specified.

Clearance of Dues and Encumbrances: Before transferring ownership, the seller must ensure that the property is free from any liens, mortgages, or other encumbrances. The sale deed should include a clause confirming that the seller has cleared all outstanding dues and obligations related to the property. This protects the buyer from assuming any unexpected liabilities after the purchase.

Stamp Duty and Registration: A crucial aspect of the sale deed is the payment of stamp duty and its registration with the appropriate government authority. The amount of stamp duty payable varies depending on the property’s location, value, and local regulations. The sale deed should specify the exact amount of stamp duty paid and provide details of its calculation. Additionally, it should outline the registration process and mention the date and place of registration.

Mode of Stamp Paper: Depending on the state or jurisdiction, sale deeds may need to be executed on non-judicial stamp paper. The sale deed should specify the denomination and value of the stamp paper used, as well as any relevant provisions of the Stamp Act applicable to the transaction.

Witnesses: The sale deed should be signed by witnesses who can attest to the authenticity of the document and the consent of both the buyer and the seller. The witnesses’ names, addresses, and signatures should be clearly recorded in the deed.

These elements collectively form the backbone of a sale deed, ensuring that the property transaction is legally valid, transparent, and enforceable for all parties involved.

Benefits:

1. A meticulously drafted sale deed provides legal protection to both the buyer and the seller by clearly outlining the terms and conditions of the property transaction. It helps in mitigating potential legal risks and uncertainties, thus safeguarding the interests of both parties.
2. The sale deed includes comprehensive details about the property, including its exact location, boundaries, and square footage. This ensures that the buyer has a thorough understanding of the property they are purchasing, helping to prevent any future disputes or misunderstandings.
3. Once executed and registered, a sale deed becomes a legally binding document. It can be enforced by law in the event of any breach of contract or dispute between the parties involved in the transaction. This legal enforceability provides assurance and peace of mind to both the buyer and the seller.
4. A sale deed clearly specifies all financial aspects of the transaction, including the sale price, payment terms, and any other financial obligations of the parties involved.
5. Documenting all aspects of the sale in a formal manner, a sale deed streamlines the transaction process and makes it more consistent and convenient for both parties. It reduces the likelihood of misunderstandings or disagreements arising during the course of the transaction.
6. A registered and stamped sale deed provides assurance to the buyer that the property is not subject to any encumbrances or fraudulent claims.

However, it’s important to note that there can be disadvantages to the sale deed format as well. For example, if the buyer defaults on payments or breaches the terms of the sale deed, it can lead to legal complications and financial losses for both parties involved in the transaction. Additionally, the seller may have the right to foreclose the property in the event of non-payment by the buyer, which could result in significant consequences for the buyer.

Requirements:

Following information should be included when preparing the documents for sale deed registration:

Name of Parties: Clearly mention the names of both the buyer and the seller.

PAN Card and Photographs: Provide PAN cards and photographs of both the buyer and the seller.

Stamp Details: Specify the name of the person purchasing the stamp and the total stamp duty fee.

Witness Information: Include the names and addresses of two witnesses who can attest to the signing of the sale deed.

Title Deed or Sale Deed Draft: Include the title deed or draft of the sale deed conveying the ownership rights.

Khata Certificate and Extracts: Provide the Khata certificate and relevant extracts related to the property.

Financial Details: Outline the deal value and all financial particulars, including any TDS payments made, along with the receipt of registration charge payment.

Power of Attorney: If applicable, include the power of attorney granting authority to act on behalf of the parties involved.

Property Records: Include the 7/12 extract or Records of Rights and Tenancy Corps (RTC) to verify property ownership.

Previous Agreements: Provide copies of any registered agreements related to the property, especially in the case of resale properties.

Building Plan: Include the authorized building plan issued by the Statutory Authority.

Loan Documents: If there is an existing or past loan on the property, provide the original property documents held by the bank.

Development Agreements: Include any joint development agreements, general power of attorney (GPA), and sharing/supplementary agreements between the landowner and the builder.

Title Documents: Provide all title documents related to the property’s ownership.

Allotment Letter: Include the allotment letter from the builder, cooperative society, housing board, or development authority.

NO Objection Certificate (NOC): If applicable, provide the NOC from the apartment association, especially in the case of resale properties.

Sale Agreement: Include the sale agreement between the buyer and the seller.

Documents required:

1. Identity proof of both the buyer and seller
2. Address proof of both the buyer and seller
3. Sale agreement between the buyer and seller
4. Original property documents, including the title deed and previous sale deeds, if any
5. NOC from the housing society or other relevant authorities, if applicable.

Steps:

Following is the sale deed registration process:

Schedule Appointment: Begin by booking an appointment with the sub-registrar’s office either online or by visiting the office reception. In Delhi, appointments can be booked through the website “http://revenue.delhi.gov.in.” Upon confirmation, you’ll receive a unique appointment ID.

Facilitation Centre Visit: On the scheduled date, visit the facilitation centre at the sub-registrar’s office. Here, your documents will undergo a thorough check before being submitted to the sub-registrar. Only the parties involved in the transaction are allowed entry at this stage.

Document Verification and Signing: Once inside, both the buyer and the seller will be required to provide their fingerprints and signatures on all pages of the documents. The sub-registrar will carefully inspect the documents for accuracy and may reject them if any discrepancies are found.

Biometric Verification: After the documents are accepted, both parties proceed to the biometric division for fingerprinting and photographs.

Receipt Issuance: Once all steps are completed, you will be issued a receipt for the registration process. This receipt serves as confirmation of your registration application.

Document Collection: Within 15 days of the registration process, the buyer can collect the registered sale deed from the sub-registrar’s office.

Remember:

• Both parties must bring two witnesses to the sub-registrar’s office.
• Carry original ID proofs, property registration payment receipt, and TDS documents.
• Ensure you have the appointment ID generated during online booking as proof of confirmation.

Following are the points to be keep in mind while registering a property:

Ensure Property is Free of Liabilities: Before registering the property, it’s crucial to verify that there are no outstanding liabilities or burdens associated with it. This includes checking for any financial encumbrances such as loans or mortgages. The seller is responsible for clearing any debts or obligations related to the property to ensure a clean title transfer to the buyer.

Complete Payments on Time: Prior to transferring ownership through the sale deed, all financial obligations related to the property should be settled by the seller. This includes payments for utilities like water and electricity bills, property taxes, cess, and any other charges such as society maintenance fees. Ensuring that all payments are up-to-date prevents potential disputes and ensures a smooth transfer of ownership.

Consider Mortgage on Property: If the property is currently under mortgage, it’s important to consider the involvement of the mortgagee during the sale deed process. The mortgagee, or the lender holding the mortgage as security, may need to be informed or involved in the sale deed agreement. This ensures that the mortgagee’s interests are protected, and any necessary arrangements are made for the repayment of the loan.

Why CRC for Sale Deed

With a team of legal professionals, Corporate Raasta can ensure that the sale deed is drafted accurately and complies with all legal requirements. We review the terms of the sale deed to protect the client’s interests and ensure legal compliance.

Corporate Raasta can conduct thorough due diligence on the property to identify any legal issues or encumbrances that may affect the sale deed process. This helps the client make informed decisions and mitigate risks associated with the transaction.

We assist with preparing and organizing all necessary documentation for the sale deed, including title deeds, property records, and financial statements. We ensure that all required documents are in order and properly executed.