AMITY LAW SCHOOL

AMITY UNIVERSITY
LUCKNOW

SESSION : 2017-2022

SUBJECT- SALES DEED

(DRAFTING/REGISTRATION)
LAW469

Submitted To : Submitted By:

Ms AAKANSHA VERMA IRISH RANJAN
Assistant Professor. B.A., LL.B (Hons.)
Amity Law School Semester- 8th, Section – ‘B’
Amity University Enrolment no. –A8111117087
Lucknow- U.P Amity Law School-LKO (U.P)
 ACKNOWLEDGMENT

As has been thoroughly, my research has concluded, there are a number of people I
would like to thank for the successful attempt.

I thank the esteemed director of this institution, Prof. Dr. J P YADAV for inculcating
the concept of preparing a project and allowing the researcher to present his/ her
point of views in liberal manner and encouraging the researcher by providing all the
much needed support

I would also like to express my exceptional gratitude and acknowledgment to Ms.

Aakansha Verma who undertook the role of a supervisor and guide for the
successful preparation of this project and for supporting throughout the time of
research and writing.

I would also like to extend my thanks and gratitude for the contribution of all those
who helped me in this work as individuals or otherwise. On a personal level I would
like to extend my appreciation to my family and friends who supported me to
conclude this research paper.

Irish Ranjan
 INTRODUCTION

Sale Deed is also known as conveyance deed. This is the

document by which the seller transfers his right to the purchaser, who, in
turn, acquires an absolute ownership of the property. This document is
executed subsequent to the execution of the sale agreement and after
compliance of various terms and conditions detailed in the sale
agreement.

Before execution of the sale deed the title of the seller is to be

established beyond doubt. Copies of the documents of title must be
scrutinized by an advocate well versed and experienced in property
dealings. If there is any encumbrance on the property, such
encumbrance is to be cleared by the seller at his cost.

All statutory payments like property tax, water and power charges
and any other payments due on the property should be cleared before
execution of the Sale Deed. Any previous charges or mortgage should
be cleared before execution of the Sale Deed. Clearances and
permissions which are required to be obtained by the seller should be
obtained prior to execution of the sale deed.

Latest encumbrance certificate of the property, subsequent to the

date of the sale agreement up to the proximate date of sale deed should
be obtained and such certificate should be of nil encumbrances.

All the persons having interest in the property should be made

parties to the deed. Particular attention needs to be paid in case of
purchase of properties from a Limited Company, Partnership Firm, Hindu
Undivided Family, Trust, Power of Attorney Holder and Minor.
Draft Sale Deed

A draft Sale Deed, containing full details of the parties, advance

amount paid, mode of balance amount payable, receipt of the balance
amount by the seller, handing over the original documents of the
property, handing over the possession of the property, handing over the
authorization letter to transfer power and water meters, signing of the
application for transfer of Khatha, title of the seller of the property,
indemnifying the purchaser in case of defect in the title, easement rights,
will be prepared by the purchaser's advocate. Such draft Sale Deed
should be captioned as draft Sale Deed and shall be signed by the
purchaser's advocate.

A copy of the draft Sale Deed will be given to the seller for his
approval. The seller and his advocate will verify the draft sale deed and
approve it or may suggest suitable deletions, additions or amendments.
The purpose is to bring forth the correct intention of the parties to the
Sale Deed.

On approval of the draft Sale Deed, the same has to be prepared

on a quality or a document paper. In Karnataka it may be prepared on
good quality paper like bond paper or green paper and the stamp duty
may be paid by way of demand draft or pay order or cash. The exact
amount of stamp duty should be ascertained from the Sub Registrar
office. Purchaser is liable to pay the Stamp duty as per value stated in
the documents or as per the Sub- Registrar office value whichever is
higher.
 SALE DEED

This DEED OF ABSOLUTE SALE executed at Manaknagar,

Faislabas on this the 8 th day of April, 2004 by Razia Sultan s/o
Ghazia Sultan residing at XX/Y, Manaknagar, Faislabad.

Hereinafter, called the VENDOR of the one part which expression

shall include his executors, administrators, legal representatives,
successors etc.

TO AND IN FAVOUR OF

MARIYAM W/O ASIF RESIDING AT XY/Y GAUTAM VIHAR,

FAISLABAD.

Hereinafter, called the PURCHASER of the Other Part which

expression wherever the context so requires shall mean and include his
heirs, executors, administrators, legal representatives, successors etc.

WHEREAS the VENDOR herein has purchased the said property

more fully described in the Schedule hereunder from Thiru Faislabad,
and by sale deed dated 11th November 1998 and registered on 12th
November 1998 as Document No. 3500 of (year) of Book 1 volume No.
5 filed at pages 3 to 5 on the file of the Sub Registrar of Faislabad.

WHEREAS the VENDOR herein has been in exclusive possession

and enjoyment of the property more fully described in the Schedule
hereunder with a constructed house thereon, which was constructed by
him with his self-earned funds, till date?

WHEREAS the VENDOR is the exclusive owner of the property

more fully described in the schedule hereunder and he has absolute
right to dispose of the same as in the manner he wishes;

AND WHEREAS the VENDOR is in need of funds in order to meet

his personal commitments and family expenses and has decided to sell
the property more fully described in the Schedule hereunder for a sum
of Rs 35, 00000 /- (Rupees Thirty Five lakh only) and the
PURCHASER herein has also agreed to purchase the same for the said
price and to the effect they entered into an agreement to sell dated
.

NOW THIS DEED OF SALE WITNESSETH

THAT in pursuance of the aforesaid agreement and in

consideration of a sum of Rs. 2, 000, 00 (Rupees Two Lakh only)
received by the VENDOR in cash and the receipt of the said entire
consideration of Rs. 2,00,000 (Rupees Two Lakh only), the VENDOR
doth hereby admit, acknowledge, acquit, release and discharge the
VENDOR from making further payment thereof and the VENDOR doth
hereby sell, convey, transfer, and assigns unto and to the use of the
PURCHASER, the property more fully described in the Schedule
hereunder together with the water ways, easements, advantages and
appurtenances, and all estate, rights, title and interest of the VENDOR to
and upon the said property TO HAVE AND TO HOLD the said property
hereby conveyed unto the PURCHASER absolutely and forever.

THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER

AS FOLLOWS:

1. That the property more fully described in the Schedule hereunder

shall be quietly and peacefully entered into and held and enjoyed by
the PURCHASER without any interference, interruption, or
disturbance from the VENDOR or any person claiming through or
 under him.

2. That the VENDOR has absolute right, title and full power to sell,
convey and transfer unto the PURCHASER by way of absolute sale
and that the VENDOR has not done anything or knowingly suffered
anything whereby his right and power to sell and convey to the
PURCHASER the property hereby conveyed.

3. That the property is not subjected to any encumbrances,

mortgages, charges, lien, attachments, claim, demand, acquisition
proceedings by Government or any kind whatsoever and should
thereby and the VENDOR shall discharge the same from and out of
his own funds and keep the PURCHASER indemnified.

4. That the VENDOR hereby declares with the PURCHASER that the
VENDOR has paid all the taxes, rates and other outgoings due to
Local bodies, revenue, urban and other authorities in respect of the
property more fully described in the Schedule hereunder up to the
date of execution of this sale deed and the PURCHASER shall bear
and pay the same hereafter. If any arrears are found due to the
earlier period, the same shall be discharged by the VENDOR

5. That the VENDOR has handed over the vacant possession of the
property more fully described in the Schedule hereunder to the
PURCHASER on 22nd March 2004 and delivered the connected
original title document in respect of the schedule mentioned
property hereby conveyed on the date of execution of these
presents.

6. That the VENDOR will at all times and at the cost of the
PURCHASER execute, register or cause to be done, all such acts
and deeds for perfecting the title to the PURCHASER in the
property hereby sold and conveyed herein.

7. That the VENDOR do hereby covenants and assures that the

PURCHASER is entitled to have mutation of his name in all public
records, local body and also obtain patta in the name of the
PURCHASER and undertakes to execute any deed in this respect.
 8. That The SELLER has on this ________ day of _______,20__
delivered the vacant possession of the to the Property 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 Property The Purchaser shall be bound to become
Member of the Association of Apartment Owner’s and duly comply
with the provisions of Faislabad 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 Property (Conveyed under this deed)

All that piece and parcel of immovable property being Flat /

Apartment No.1602, 16th Floor of the building known as “Lilly Tower”,
situated at “Divine Meadows Society, Sector 108” and bearing
Corporation No.XY7987U, Pasta Road, Division No.32, with a super built
up area of 1850 sq.ft., together with 20% share of undivided interest in
the land equivalent to 1660 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: On the West: On the North:

On the South:

Market Value property is Rs.35,00,000 (Rupees Thirty Five 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 ______________on this _________ day
of _________ month of _____________years in the presence of the
witnesses:

WITNESSES:
1.__________________

2.___________________
1. SELLER. ____________________

2. PURCHASER. _________________