Real Estate Deed Template for India

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Key Requirements PROMPT example:

Real Estate Deed

"I need a Real Estate Deed for transferring a commercial property in Mumbai to a foreign corporation, with specific clauses addressing FEMA compliance and including provisions for existing tenant rights and development potential of the top two floors."

Document background
A Real Estate Deed is essential for any property transfer in India, serving as the primary legal instrument that evidences the transfer of ownership rights in immovable property. This document is mandatory under Indian law and must comply with the Transfer of Property Act 1882, Registration Act 1908, and various state-specific regulations. The deed is used when transferring any type of immovable property, including land, buildings, apartments, or commercial spaces. It must contain specific details about the property, parties involved, consideration amount, and rights being transferred. The document requires mandatory registration at the Sub-Registrar's office, payment of appropriate stamp duty, and proper execution in the presence of witnesses. Proper drafting and execution of the deed is crucial as it forms the basis of the buyer's title to the property and serves as evidence in future property-related matters.
Suggested Sections

1. Title and Date: Specifies the type of deed and date of execution

2. Parties: Details of the transferor (seller) and transferee (buyer) including full names, ages, addresses, and legal capacity

3. Recitals: Background information including ownership history and reason for transfer

4. Definitions: Definitions of key terms used in the deed

5. Property Description: Brief description of the property being transferred with reference to detailed description in Schedule A

6. Title Declaration: Seller's declaration of clear title and right to transfer

7. Consideration: Details of the purchase price and payment terms

8. Transfer Clause: Operative words transferring the property rights from seller to buyer

9. Possession: Details regarding the handover of physical possession

10. Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal compliance

11. Rights and Obligations: Specific rights transferred and obligations assumed by parties

12. Indemnification: Seller's commitment to indemnify buyer against title defects or undisclosed claims

13. Registration Details: Information required for deed registration including sub-registrar's office details

14. Execution: Signature clauses and witness details

Optional Sections

1. Power of Attorney: Required if any party is acting through an attorney

2. Society NOC: Required for apartments/properties in housing societies

3. Third Party Rights: Required if there are existing tenants or other third-party rights

4. Development Rights: Required for properties with unused development potential

5. Agricultural Land Conversion: Required if the land was previously agricultural

6. Mortgage Details: Required if property is being transferred with existing mortgage

7. Foreign Exchange Compliance: Required if any party is an NRI/foreign national

8. Environmental Clearances: Required for properties in environmentally sensitive zones

9. Special Conditions: Any unique terms specific to the transaction

Suggested Schedules

1. Schedule A - Property Description: Detailed description including boundaries, measurements, and survey numbers

2. Schedule B - Property Documents: List of title and property documents handed over to buyer

3. Schedule C - Encumbrances: Details of existing charges, liens, or encumbrances if any

4. Schedule D - Payment Terms: Detailed breakdown of payment schedule if applicable

5. Schedule E - Plans and Drawings: Property plans, layout drawings, and approved building plans

6. Appendix 1 - Title Documents: Copies of key title documents referenced in the deed

7. Appendix 2 - Permissions: Copies of relevant permissions and approvals

8. Appendix 3 - Tax Records: Property tax receipts and other tax-related documents

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 legal definitions
Relevant Industries

Real Estate

Construction

Banking and Finance

Legal Services

Property Development

Urban Planning

Housing

Commercial Property

Industrial Property

Agriculture (for agricultural land)

Hospitality

Retail

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Asset Management

Facilities Management

Corporate Services

Risk Management

Operations

Administration

Investment

Development

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Property Developer

Land Acquisition Manager

Compliance Officer

Real Estate Agent

Property Valuer

Title Researcher

Corporate Counsel

Property Administrator

Asset Manager

Facilities Manager

Real Estate Investment Manager

Development Director

Property Portfolio Manager

Industries
Transfer of Property Act, 1882: Primary legislation governing the transfer of property between parties, defining legal requirements for valid property transfers, and specifying essential deed components
Registration Act, 1908: Mandates the registration of property documents, specifies registration procedures, and determines which documents must be compulsorily registered
Indian Stamp Act, 1899: Governs the stamp duty requirements for property transactions and determines the applicable rates for different types of property transfers
Real Estate (Regulation and Development) Act, 2016: Regulates real estate transactions, especially for new developments, and ensures transparency in property dealings
State-specific Stamp Duty Acts: Local laws determining the exact stamp duty rates and additional requirements specific to the state where the property is located
Urban Land (Ceiling and Regulation) Act, 1976: Regulates urban property holdings and transfers in certain states where still applicable
Indian Easements Act, 1882: Governs rights and obligations related to easements that may need to be included in the deed
Local Municipal Laws: Governs property usage, zoning regulations, and development restrictions that may need to be referenced in the deed
Income Tax Act, 1961: Relevant sections pertaining to property transactions, including requirements for PAN numbers and tax implications of the transfer
Foreign Exchange Management Act, 1999: Applicable if any party to the deed is an NRI or foreign national, governing foreign investment in real estate
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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