PROJECT SUBMISSION

Property LAW

SALE DEED
DRAFTING

Submitted by:
Nikhil Goyal
Class: BBA LLB Division: A
PRN: 17010224047

of Symbiosis Law School, NOIDA

Symbiosis International (Deemed University),

On
th
13 September 2019
Under the Guidance of
Prof. Vikram Singh

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 CERTIFICATE

The project entitled “SALE DEED DRAFTING” submitted to the Symbiosis Law School, Noida
for Property Law as part of Internal assessment is based on my original work carried out under
the guidance of Prof. Vikram Singh from 3 rd July, 2019 to 13th September, 2019. The research
work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has been duly
acknowledged.

I understand that I myself could be held responsible and accountable for plagiarism, if any,
detected later on.

Nikhil Goyal
13th September, 2019

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 ACKNOWLEDGEMENT

With my deepest appreciation, I would like to thank Professor C. J. Rawandale and Assistant
Professor Vikram Singh for providing me with the opportunity to do this research project on
Sale Deed Drafting and for their consistent guidance and support.
Without their consistent motivation and assistance, it would not have been possible to make this
project.
Moreover, I would also like to express my sincere gratitude towards Symbiosis Law School,
Noida for providing me a congenial learning environment to do my project.
Furthermore, I would like to thank the library staff for helping me in completing this project
successfully by helping me finding the necessary books and resources and finally, I would like to
thank my parents whose constant prayers and guidance has always been the biggest motivating
source in my life.

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 WHAT IS SALE DEED?
Sale deed is a legally binding document specifically made to transfer the right, title and
ownership of immovable property from one person to another in exchange for a price.Sale
deed is implemented by Registration Act of India. A sale deed is considered to be valid only
when it is signed by both the seller and the buyer and both the parties has to comply with the
terms and conditions mentioned in the sale deed.
A sale deed needs to be registered under The Registration Act, 1908 within four months from
the date of execution.The registration is done by the Sub Registrar of Assurances of the
jurisdiction, where the property is purchased.

DOCUMENTS REQUIRED FOR SALE DEED REGISTRATION:

 Draft of Sale Deed/Title deed/Conveyance Deed

 7/12 extract or RTC (Records of Rights and Tenancy Corps) or
 Khata Certificate and Extracts
 Joint development agreement, GPA, & Sharing/supplementary Agreement, between
land owner and builder
 Power of Attorney if any
 Building plan sanctioned by the Statutory Authority
 Allotment Letter from the Builder/Co-Operative Society/Housing Board/BDA.
 If any loan on the property (Current or past) / Original Property Documents with Bank
 Sale agreement with the Seller
 All title documents of land owner
 A Copy of all registered previous agreements (in case of resale property)
 NOC from Apartment Association (in case of resale property)

MEANING OF TERMS INVOLVED IN A SALE DEED:

Seller/Transferor - Seller is a person who has current ownership of the property and is
willing to sell his property for a price.

Buyer/Purchaser/Transferee - Buyer or purchaser or transferee is a person who is willing to

buy the property.

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Witness - Witness is a person who signs on the sales deed acknowledging to the fact that the
buyer and seller have signed the sale deed in front of him.

Stamp duty - A duty levied on the legal recognition of certain documents by the government.
It is a kind of property tax which needs to be paid to the government while a property is being
sold. It is calculated on the market value or the agreement value whichever is higher and
stamp duty charges vary from state to state.

Registration Fee - The registration fee is additional to the stamp duty charges. Registration
fee needs to be paid to get the property transferred and registered in your name. The fee is
either 1% of the market value or the agreement value, whichever is higher, however, subject
to a maximum amount of Rs. 30,000. This fee is different in different states.

Title - Title is the legal way of saying you owns a right to something. Title refers to
ownership of the property, meaning that you have the rights to use that property. It may be a
partial interest in the property or it may be full. However, because you have title, you can
access the land and potentially modify it as you see fit. Title also means that you can transfer
that interest or portion that you own to others. However, you can never legally transfer more
than you own.

Execution - After the preparation of sale deed it is executed when all the parties involved like
seller, buyer and witnesses sign or make thumb impressions on the document.

Registration - To make a sale valid, a sale deed needs to be registered under Registration Act,
1908 and this can be done in the sub registrar’s office in presence of both the parties.

Proof of Registration - The certified copy of the registered lease deed with the name of the
buyer can be obtained from the registrar's office which will act as a proof of registration.

Sale Price - The price of the property agreed upon by both, the seller and the buyer.

Mode of Payment - How the payment for the transaction is being made like through cash,
cheque or online transfer etc.

Sale agreement - It is an agreement between buyer and seller which clearly mentions details
about the price agreed upon for the property and details of buyer and seller.

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WHY SALE DEED IS REQUIRED?
Sale Deed is very important document while purchasing any immovable asset. Sale Deed is a
written agreement for transfer of rights for property from one person to another person. Sale
gives rights to buyer to use property for lifetime. Sale Deed is only valid document which
gives lawful right to purchaser for use the property. One cannot claim rights of property
without sale deed.

SALE DEED:

THIS DEED OF SALE was made and executed at D-602, Flex Apartments, Sector-62 - 201301,
Noida on 13th day of September, 2019 by:

Mr. Dwayne Johnson aged about 47 years, S/o Mr. Rocky Johnson residing at BH-702, Amrapali
Village, Indirapuram - 201014, Ghaziabad hereinafter called the SELLER.

In favour of Mr. Tony Stark aged about 48 years, S/o Mr. Howard Stark residing at T1-908,
Parasvnath Majestic Floors, Indirapuram, Ghaziabad hereinafter called the PURCHASER.

The term SELLER and PURCHASER, unless repugnant to the context, shall mean and include
their respective heirs, successors, executors, administrators, trustees, legal representatives and
assigns WITNESSTH: WHEREAS the SELLER herein is the sole and absolute owner of
immovable property being Flat / Apartment No. D-602 on the 6th Floor of the building known as
“Flex Apartments” situated at Sector-62, Block-C, Noida, Uttar Pradesh, with a super built-up
area of 2200 sq.ft. together with 100% share of undivided interest in the land equivalent to 2000
sq.ft. along with common areas and facilities including car parking lot in the basement, which
Flat is morefully described in the schedule hereunder and hereinafter called the Schedule.

WHEREAS the SELLER of the Flat, he having purchased the same from Mr. Leonardo de
Caprio in terms of Sale Deed dated 12.12.2002 duly registered as Document No. 467/2002, sales
register at Page 49 on date 16.12.2002 at the Office of the Sub-Registrar, Noida. Since then the
SELLER has been in possession and enjoyment of the Schedule Flat on getting the bifurcated
khata from the Corporation of the City of Noida duly transferred in his name bearing No.
683/2002 vide Khata No. 446/2002 dated 22.12.2002 and on payment of taxes and levies thereon
as sole and absolute owner thereof.
WHEREAS the SELLER herein being desirous of selling the Schedule Flat, offered the same to
the Purchaser and the Purchaser has agreed to purchase the Schedule Flat in terms of an oral
agreement for a total sale consideration of Rs. 93,00,000/- (Rupees Ninety Three Lakhs only)
and the Purchaser in terms of the aforesaid oral agreement agreed to pay the entire sale

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consideration at the time of execution of the sale deed. IN CONSIDERATION of the Purchaser
having paid the entire sale consideration of Rs. 93,00,000/- (Rupees Ninety Three Lakhs only) as
aforesaid, the receipt of which has been duly acknowledged by the SELLER, who acquits the
Purchaser from making any further payments towards sale consideration, the SELLER, as
beneficial owner, DOES HEREBY GRANT, CONVEY, TRANSFER BY WAY OF SALE AND
ASSIGN unto and in favour of the Purchaser the Schedule Flat / Apartment and every part
thereof together with the right, title and interest therein, with all the benefits, advantages,
concessions, licenses, easementary rights, equities, claims, demands etc., attached to belonging
to and reputed to belong to the Schedule Flat TO HOLD, TO POSSESS AND TO ENJOY the
same for ever free from all encumbrances, subject to common rights of owners of remaining
shares of undivided interest in the land and the Flat attributable thereto.
The SELLER hereby declares and covenants with the Purchaser that he is the sole and absolute
owner of the Schedule Flat and has a clear, legally valid and marketable title thereto and
therefore an absolute right to sell and convey the same to the Purchaser in terms of this Deed.
The SELLER further declares that he has not done any acts, deeds or things so as to curtail,
restrict or prejudice his right to convey or prevent him from selling the Schedule Flat in terms of
this Deed. WHEREAS the Purchaser having now paid the entire sale consideration as detailed
below, has requested the SELLER to execute the Sale Deed in his favour and the SELLER has
duly agreed thereto, NOW THEREFORE THIS DEED OF ABSOLUTE SALE WITNESSETH
AS HEREUNDER: 1. The SELLER hereby confirms that the Purchaser has paid the entire sale
consideration as under:

(a) Amount paid by Cheque No. 33 Dated 13th September, 2019 drawn on ICICI Bank, Rs.
93,00,000/- (Ninety Three Lakhs Only)

The SELLER hereby further declares that the Schedule Flat is free from all encumbrances, lien,
charge, mortgage, lease, court or other attachments, lis-pendens, acquisition and requisition
proceedings, minor’s claims or any other adverse proceedings or claims from third parties which
are in any way detrimental to the interest of the Purchaser. The SELLER hereby assures the
Purchaser that all taxes and levies on the Schedule Flat have been paid up to date and arrears if
any, till the date of the Sale Deed shall be duly paid by him and future taxes in respect of the
Schedule Flat shall be paid by the Purchaser. The SELLER hereby declares and covenants with
the Purchaser that he shall do or cause to be done all acts, deeds and things which are legally and
reasonably required to be done at the instance of the Purchaser for morefully and perfectly
assuring the right, title and interest of the Purchaser in the Schedule Flat herein conveyed and the
Purchaser shall bear such expenses.

The SELLER hereby indemnifies and shall keep the Purchaser or his successors in-title fully
indemnified against any loss or liability, cost or claims, action or proceedings, if any should
arise, at any time in future against him owing to any defect in or for want of clear and marketable
title or due to any default, violation or non-compliance of any of the declarations or covenants
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herein. The Purchaser shall be the sole and absolute owner of the Schedule Flat with attendant
rights of ownership, possession, enjoyment and shall be entitled to deal with or dispose-off the
Schedule Flat as he deems fit without any interference, obstruction or hindrance from the
SELLER or anyone claiming under, through or in trust from him. The Stamp duty, Registration
charges and other incidentals have been borne by the Purchaser. The SELLER has this day
delivered the vacant possession of the Schedule Flat to the Purchaser along with all the available
original title deeds and documents which are in his possession pertaining to or relating to the
Schedule Flat. The Purchaser shall be bound to become Member of the Association of Apartment
Owner’s and duly comply with the provisions of Karnataka Apartment Ownership Act, 1972 and
the rules thereunder and shall abide by the bye-laws and majority decisions of the said
Association to be formed and comply with other requirements of the aforesaid Act.

SCHEDULE OF FLAT (Conveyed under this deed) All that piece and parcel of immovable
property being Flat No. D-602, 6th Floor of the building known as “Flex Apartments”, situated at
Sector-62, Block-C, Noida with a super built up area of 2200 sq.ft. together with 100% share of
undivided interest in the land equivalent to 2000 sq.ft. along with common areas and facilities
attributable thereto which area includes one car parking lot in the basement and the composite
property is bounded by:

On the East: Entrance and building corridor

On the West: Open Area
On the North: Open Area
On the South: Flat No. D-603

Market Value property is Rs. 90,00,000/- (Rupees Ninety Lakhs only) The Stamp duty is paid on
the market value as computed above.

IN WITNESS WHEREOF the parties herein have affixed their respective signatures to this Sale
deed at D-602, Flex Apartments, Sector-62, Noida on this 13 th day of September of 2019 in the
presence of the WITNESSES:

1. Christopher Nolan

2. Christian Bale

SELLER PURCHASER

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