Deed Of Sale And Deed Of Absolute Sale Template for India

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Key Requirements PROMPT example:

Deed Of Sale And Deed Of Absolute Sale

"I need a Deed of Sale and Deed of Absolute Sale for transferring a commercial property in Mumbai, India, with a phased payment structure to be completed by March 2025, including specific clauses for existing tenant arrangements and building modification restrictions."

Document background
The Deed of Sale and Deed of Absolute Sale is a fundamental legal instrument in Indian property law, used to document and effectuate the transfer of immovable property. This document is essential when there is a permanent and complete transfer of property ownership, distinguishing it from other property documents like lease deeds or development agreements. It must comply with the Transfer of Property Act, 1882, the Registration Act, 1908, and state-specific stamp duty laws. The deed includes crucial details such as party information, property description, consideration amount, payment terms, and various warranties and covenants. It serves as the primary evidence of the transaction and must be registered with the appropriate Sub-Registrar's office. The document is particularly important as it provides conclusive proof of ownership transfer and protects both parties' interests in the transaction.
Suggested Sections

1. Parties: Identification of the seller (vendor) and buyer (purchaser) with complete details including names, ages, addresses, and legal capacity

2. Background: Recitals stating the ownership history, intention to sell, and any relevant context about the property and transaction

3. Definitions: Definitions of key terms used throughout the deed for clarity and legal certainty

4. Property Details: Precise description of the property being sold, including its location, boundaries, and measurements

5. Title and Ownership Declaration: Seller's declaration of clear title, right to sell, and freedom from encumbrances

6. Consideration: Details of the sale price, payment terms, and acknowledgment of receipt

7. Transfer of Rights: Express terms transferring all rights, title, and interest in the property to the buyer

8. Possession: Terms regarding the transfer of physical possession of the property

9. Seller's Covenants: Warranties and representations by the seller regarding the property

10. Buyer's Covenants: Obligations and commitments of the buyer

11. Registration and Expenses: Provisions regarding registration of the deed and allocation of associated expenses

12. Governing Law: Specification of applicable laws and jurisdiction

13. Execution: Signature clauses and witness details

Optional Sections

1. Pending Litigation Declaration: Required when there is a need to explicitly state any pending legal matters affecting the property

2. Payment Schedule: Needed when the payment is to be made in installments rather than a lump sum

3. Property Condition: Detailed when there are specific issues or conditions about the property that need documentation

4. Third Party Rights: Required when there are existing tenants or other third-party interests in the property

5. Tax Obligations: Needed when specific tax implications need to be addressed

6. Force Majeure: Include when protection against unforeseen circumstances affecting completion is required

7. Power of Attorney: Required when either party is acting through an authorized representative

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the property including exact measurements, boundaries, and features

2. Schedule B - Title Documents: List of all title documents and their chain of custody

3. Schedule C - Encumbrance Certificate: Recent encumbrance certificate showing any registered transactions

4. Schedule D - Property Tax Receipts: Copies of recent property tax payments and clearance certificates

5. Schedule E - Floor Plan/Site Plan: Architectural drawings or layout plans of the property

6. Schedule F - Photographs: Recent photographs of the property documenting its current condition

7. Schedule G - Payment Details: Complete breakdown of payments made and payment schedule if applicable

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

Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Agriculture (for agricultural land)

Industrial (for industrial property)

Commercial Real Estate

Residential Real Estate

Infrastructure

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Corporate Affairs

Risk Management

Asset Management

Investment

Operations

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Property Acquisition Manager

Compliance Officer

Real Estate Developer

Land Acquisition Specialist

Property Rights Specialist

Title Research Officer

Real Estate Transaction Manager

Property Documentation Specialist

Corporate Lawyer

Property Valuation Expert

Real Estate Investment Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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