As Is Where Is Basis Deed Of Sale Template for India

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Key Requirements PROMPT example:

As Is Where Is Basis Deed Of Sale

"I need an As Is Where Is Basis Deed of Sale for a distressed industrial property being sold through bank auction in Mumbai, with property transfer scheduled for March 2025; the deed must emphasize buyer's acceptance of existing environmental liabilities and structural defects."

Document background
The As Is Where Is Basis Deed of Sale is a specialized legal document used in Indian property transactions where the buyer agrees to purchase the property in its existing condition without any warranties from the seller. This document type is commonly utilized in situations such as bank auctions, distress sales, liquidation proceedings, or when selling properties requiring significant repairs. The deed explicitly documents the property's current condition, including all known defects and liabilities, and includes the buyer's acknowledgment of these conditions. It offers protection to sellers by limiting their liability regarding the property's condition while ensuring transparency in the transaction. The document must comply with the Transfer of Property Act 1882, Registration Act 1908, and relevant state-specific property laws in India. It's particularly important in scenarios where the seller cannot or does not wish to make repairs or improvements before the sale.
Suggested Sections

1. Parties: Details of the seller and purchaser including names, addresses, and legal capacity

2. Background: Context of the sale, brief property history, and reason for 'as is where is' basis sale

3. Definitions: Definitions of key terms used in the deed including 'As Is Where Is Basis'

4. Property Details: Comprehensive description of the property including its current condition, known defects, and encumbrances

5. Consideration: Purchase price and payment terms

6. As Is Where Is Declaration: Explicit statement that property is sold on 'as is where is' basis with buyer's acknowledgment

7. Seller's Representations: Limited representations regarding ownership and authority to sell

8. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of current condition

9. Transfer of Rights: Terms of transfer of ownership and possession

10. Registration and Expenses: Responsibilities for registration, stamp duty, and other transfer expenses

11. Governing Law: Applicable laws and jurisdiction

12. Execution: Signing and witnessing requirements

Optional Sections

1. Pending Litigation: Details of any ongoing legal proceedings affecting the property, included if applicable

2. Environmental Matters: Environmental conditions or issues, included for industrial or contaminated properties

3. Third Party Rights: Details of any existing tenancies or third-party rights, included if applicable

4. Municipal Dues: Statement regarding pending municipal dues or taxes, included if relevant

5. Power of Attorney: Required if either party is acting through an attorney

6. Society NOC: For apartment properties, including society's no-objection certificate details

7. Force Majeure: Included for properties in disaster-prone areas or with specific risks

Suggested Schedules

1. Property Description Schedule: Detailed property description including boundaries, measurements, and fixtures

2. Title Documents Schedule: List of title documents and chain of ownership

3. Defects and Damages Schedule: Comprehensive list of known defects, damages, and current condition

4. Encumbrance Schedule: Details of any existing encumbrances, loans, or charges

5. Property Inspection Report: Technical assessment report of property condition

6. Photographs Appendix: Current photographs documenting property condition

7. Previous Correspondence: Relevant correspondence regarding property condition and sale terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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