Sale Deed for Land or Building

This is a document that lists in clear detail the price, terms, and conditions upon which the two parties reached an agreement for the sale of the property.

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Sale Deed is one of the numerous legal documents that come into play when one is engaging in buying or selling the property. 

Learn about what Sale Deed is, how to make its draft, documents required to make the draft and clauses governing it.

What is a Sale Deed?

Sale Deed is a legal document that records the transfer of ownership from the seller to the buyer. While preparing a Sale Deed, all the clauses of the Transfer of Property Act should be carefully examined and drafted to lessen the risks involved. The clauses should be drafted after understanding your requirements and liabilities.

A Sale Deed not only describes the property in detail, but it also outlines the rights and obligations of each party. 

The sale deed is made on a non-legal stamp paper of a value prescribed by the state government. 

Any person who is dealing with the property will come across a sale deed. Therefore, a precaution must be taken to not use a draft sale deed which is available at the first instance. This is because you may want certain clauses to be added, modified or deleted depending on the situation.

How to draft a sale deed?

Steps involved in the transfer of property are:

STEP 1: Understanding your requirement 

Hire a lawyer and discuss your requirements with him/ her.

OR 

Click here, answer a few simple questions and let eSahayak create your Sale Deed on its own. Just sit back, relax and download your sale deed created by eSahayak. 

STEP 2: Drafting

Based on your responses, the lawyer will draft the Sale Deed within 3 working days for your review and approval.

Don’t want to wait for 3 days? Then try this: 

Click here, answer a few simple questions and let eSahayak create your Sale Deed on its own. Just sit back, relax and download your sale deed created by eSahayak.

STEP 3: Printing of Sale Deed

After you’ve approved the draft of the sale deed, the Sale Deed will be printed on a non-judicial stamp paper anywhere.

STEP 4: Fixing an appointment with the sub-registrar

Make an appointment with the sub-registrar’s office under whose jurisdiction the property is situated.

STEP 5: Registration of Sale Deed

You along with two witnesses and the lawyer will visit the office of the sub-registrar to sign the document and get it registered by paying the government registration fees.

STEP 6: Registered Sale Deed

Once the deed is signed and registration charges are paid, the registered sale deed shall be issued by the sub-registrar’s office.

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Documents required for Sale Deed Registration

  1. Draft of Sale Deed (Create it by clicking here)
  2. Power of Attorney (if any)
  3. Building Plan sanctioned by the Statutory Authority
  4. Allotment Letter from the Builder/Co-Operative Society/Housing Board
  5. All title documents of the property owner
  6. A Copy of all registered previous agreements (in case of resale property)
  7. Latest tax paid receipts
  8. Latest electricity bill & receipt for the said property (in case of resale property)
  9. NOC from Apartment Association (in case of resale property)

Format of Sale Deed

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FAQs

Who pays the stamp duty and registration charges – buyer or the seller?

As per law, the buyer has to pay the stamp duty and registration charges.

How much stamp duty is to be paid in case of purchase of property?

In India, stamp duty varies between 4-10 percent of the sale value of the property, depending on the state in which such property is situated.

Is it mandatory to get a sale deed registered in the sub-registrar office?

Yes, according to the Registration Act, 1908, it is mandatory to get a sale deed registered in relation to immovable properties whose value is more than Rs. 100/-.

What if I don’t register the sale deed?

In case you do not register the sale deed, you are taking a huge risk. An unregistered sale deed cannot be submitted as evidence in Court in case any dispute.

Can a sale deed be canceled?

Once the document has been registered it can’t be canceled unless through an order of the court.

Can I get a home loan if the original sale deed is missing?

Banks provide loans only on the basis of original documents. It is nearly impossible to obtain loans without original legal documents.

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Sale Deed for Land or Building

4.8
4.8 - 78 votes