Step-by-Step Process to Draft a Sale Deed in India – In the process of selling or buying a property in India, many legal intricacies might overwhelm you if you are unprepared. Sale deed, NOC, Mutation Registration, etc., are some documents you might need to ease your experience. However, these documents can be expertly handled by a lawyer only; hence, involving an experienced one could be considered beneficial. Out of all the necessary legal work, the sale deed is recognized as the crucial and prior document before buying or selling any property in India. It is an official record that showcases the transfer of property ownership from a seller to a buyer.
Whether it is a residential property, commercial property, or unused land, before selling any of it, having a Sale Deed is necessary. It acts as proof that the transaction has been completed, and now the property belongs to a new buyer. Thus, to have legal evidence of ownership and to prevent any fraudster, consider seeking the help of a reputable lawyer like Advocate Amit Gupta to draft a sale deed in India. Gupta Document Center is a team of experts that handles almost every legal work, such as rent agreements, wills, powers of attorney, and many more. Using our experience and expertise, we have curated a Step-by-Step Process to draft a Sale Deed in India to showcase the importance of choosing a lawyer for this process.
Step-by-Step Process to Draft a Sale Deed in India
To draft a sale deed in India, there is a need for proper attention and an experienced lawyer to ensure that all the details are mandatory to avoid any conflicts or legal challenges in the long run. Therefore, it should sound completely impartial for both parties.
Here is a step-by-step procedure for drafting a sale deed:
Deed Title
To make the purpose of the document clear, the title should be mentioned first, such as ‘Sale Deed’ or ‘Deed of Sale. ’ In addition, do mention the execution date to ensure the legal timeline.
Parties to the Sale Deed
The names of the buyer and seller should be mentioned with precise details such as address, contact number, age, and occupation. In case any of the parties is involved with a trust or company, then the legal name of the company should be included along with details of the representative.
Description of Sold Property
Concerning the property to be sold, each detail related to it, such as Identification, plot size, location, surrounding areas, dimensions, and boundary of the property, should be written with accuracy. In this section, there should be no loopholes to safeguard a smoother transferation process.
Sale Consideration
Upon agreeing to a sale price for the concerned property, the exact figures should be included during the drafting of the sale deed. To reduce the chances of confusion, do mention the amount in both figures and words. If any advance payment is done, then it should be included here, along with the mode of payment.
Transfer of Title and Ownership
Here comes one of the crucial clauses of the sale deed, which will include the date of transfer of the title to the purchaser. In the agreed time frame, the seller has to transfer the property to the buyer. Once it has been done and the purchaser makes the whole payment, all the rights associated with the immovable property will be transferred to the new buyer. The deed can also include an optional date mutually decided by both parties so that the process can be completed smoothly.
Mode of Payment
The sale deed should also include the mode of payment with which the buyer will complete their payment to avoid last-minute confusion and disputes. It can either be cash, cheque, bank transfer, or demand draft. If there is any other mode, such as installments, then it is mandatory to mention it clearly in the deed itself.
Delivery of Possession
The date of possession is also to be added to the sale deed. It can either be the same one as the registration date or any later date decided by both parties. In case the property is under construction or occupied by a tenant, then a future date should be mentioned.
Indemnity Provision (if any)
The declaration that the sold property does not come under any legal dispute or is not associated with any mortgage or unpaid taxes is necessary. By clearing all the statutory charges or bills, such as electricity and water, the buyer should ensure that the property is not linked to any encumbrance. In case any undisclosed claim arises, then it becomes the duty of the seller to clear it and finalize the deal.
Witnesses
After mentioning all the vital clauses, this sale deed should be witnessed by at least two individuals from each of both the parties. Their full name, address, contact number, and signature should be taken carefully.
Default Clause
This section is considered pivotal to be included in this legal document, stating that if any of the parties fail to meet any of the clauses, then the penalty should be paid fully by the defaulter only. In severe cases, the agreement can also be terminated.
Thus, the above-mentioned points were the processes to be included clearly in the sale deed; however, they might differ, thus consulting a lawyer is considered be smart choice.
For Expert Legal Advice: Count on Gupta Document Centre
A sale deed is a critical document that should be drafted carefully for a smooth and legally assured selling and buying experience. Thus, to back you up with a seamless approach, Gupta Document Center is here to assist you with unparalleled legal advice. By safeguarding your interests and fast execution services, our qualified team can help you draft a sale deed in India. We have more than 2 decades of experience and have helped many customers to sell or buy property, either commercial or residential, with hassle-free documentation. Our huge client base is proof of our expertise. Hence, you can completely rely on us and contact us for drafting sale deeds and any other legal work associated with it.
Contact Details
Name: Gupta Document Center
Address: SCO- 173, 174 Level -1, Sector- 17, Chandigarh
Mobile Number: +91-7888700485
Email: Guptadocumentcentre183@gmail.com