AKSHAY KSHIRSAGAR
What is Sale Deed? Sale Deed Format Free Download
By Adv Akshay Kshirsagar on19th Oct 2022
What is a Sale Deed?
A sale deed format is a legal document that shows the transfer of title, rights, and ownership of a property from the seller to the buyer. Both the buyer and the seller need to sign it.
This is the most important document for transferring ownership of any property. A sale deed is also known as a conveyance deed or the transfer deed. Both the buyer and the seller needs to sign sale deed before buying the property. Usually, parties sign the sale deed upon acceptance of the terms and conditions.
Its purpose is to buy or sell land or buildings or any construction built on it. The person transferring the property is the transferor or the seller, and the person buying the property is transferee or the buyer
Sale deed vs. Sale Agreement?
A sale agreement and a sale deed for the same piece of real estate are two different things. In simple terms, a property’s sale agreement is a contract that says the property will be sold on the terms that both parties agree on. It lists the terms and conditions before the transfer of property.
When a buyer and a seller agree to sell a piece of property, they sign a sale agreement. Sale agreement contains the terms, conditions, and other important parts of the sale.
So, a sale agreement is a promise to transfer the property in the future for certain consideration. It doesn’t give the buyer any rights to ownership or claim possession.
Key Difference
An Agreement implies
1. Just a promise to sell not an actual transfer of ownership
2. The seller is responsible for any risks or liabilities that may arise until the transfer of ownership or possession
3. One can file damage claim in case of a breach
4. It is not mandatory to register an agreement of sale.
A Sale Deed implies
1. It indicates an immediate change in ownership and possession of the property.
2. The new buyer bears all risk immediately
3. It is an executed contract
4. If any party violates the deed, it usually leads to a lawsuit and the payment of damages.
5. It is mandatory to register a sale deed
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Ingredients of a sale deed format
1. Parties Details
The sale deed contains the details of both the buyer and the seller such as Name particulars, complete address, age and occupation of both, the buyers and sellers.
2. Property Details
It contains the details of the property like the total area, details about the surroundings, Identity number, exact location details, property dimensions, and construction details, etc.
3. An indemnity clause:
The transfer of ownership from the seller to the buyer is an indemnity clause. The seller is responsible for any concerns with the property’s ownership that cause the buyer monetary loss. The said property is free of all liens, lawsuits, and other charges. The seller pays for any charges that are still due.
4. Mode of payment
The mode of payment like a cheque or a bank transfer, or cash to cheque and how the amount is paid for the property purchase.
5. Date of Transfer
Also, mention the date of delivery of possession in the sale deed.
6. Sale Agreement:
An agreement is carried out mutually under the terms so that it won’t affect the rights of either party.
7. Encumbrance Clause:
This states a declaration from the seller that the said property is free from all encumbrance, litigation, and charge. The seller indemnifies the buyer of any pending charges.
8. Pending Loan:
The seller should settle a pending loan, if any taken with the concerned property as a mortgage, before proceeding with the sale.
9. Right to Examine:
The buyer can examine the documents related to the property before carrying out registration.
10. Passing of Title:
The property title passes to the buyer. On transfer of title, all rights of property are with the buyer.
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Advantages of a Sale Deed
A sale deed format is a legal document that transfers ownership of real property from one person to another permanently. A sale deed is a proof for someone may claim ownership of property. The benefits of the sale deed document are as follows:
With this document, both parties can rest assured that their sale will go through smoothly and legally.
1. It protects the interest that both parties.
2. It sets out the responsibilities of the seller and the buyer in detail.
3. To begin with, it gives a thorough description and specification of the property.
4. Avoids confusion and potential dangers reduced, with careful deed drafting.
Can the buyer or seller cancel the sale deed?
Conveyance or title deeds (sale, gift, exchange, transfer) can be revoked by registering a cancellation deed with the appropriate registrar.
A cancellation deed is a legal document that stops the buyer from having any rights to the property. The transfer of ownership from the buyer to the seller stands to cancel. Both the buyer and seller need to sign it.
Procedure for registering sale deed
Please visit the Sub-office Registrar’s to obtain the application form for property registration.
Next, fill out the application form with the correct, error-free information pertaining to the property,
Finally, deliver the presentation of documents for property registration along with the application form to the local Registrar’s office.
Then, the Sub-Registrar will conduct the verification process.
The applicant needs to pay the appropriate registration fees at the counter.
The applicant will receive the e-Stamp after making the required payment.
Applicant needs to submit his photo and fingerprints after the payment stage.
You will receive the registration number as confirmation by the Sub-sanctioning Registrar’s authority.