Sale Deeds (Drafting & Registration)

SUBMITTED TO: SUBMITTED BY:

Dr Gouri Vishnupant Naik Ms. Pallavi Mohta

A3211117120

BA LLB (Hons.)
Semester-8
Section- B
 ACKNOWLEDGMENT

I have completed this research project on 'Sale Deeds (Drafting & Registration)' under
the guidance and supervision of Dr Gouri Vishnupant Naik. This study would not have
been possible without her constant scholarly guidance, assistance and knowledge. Her
patience and support throughout the time of research and writing is highly appreciated.

I have tried my best to present this information as clearly as possible using basic terms that
I hope will be comprehended by widest spectrum of researchers, analysts and students for
further studies.

Lastly, I would like to express my thanks and gratitude for the contribution of all those who
helped us in this work as individuals or otherwise. On a personal level, I would like to
extend our appreciation to my family who supported me to compete the research paper with
full enthusiasm and dedication.
 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 11 th 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. _________________