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Since drafting of sale deed requires abundant caution and presence of mind with sufficient knowledge of property and other allied laws, it would be better if service of deed writer is utilised to avoid unexpected and uncalled for litigations which may arise in a poorly drafted sale deed.
Note: - This is a model draft and may be customised according to individual requirement.
SALE DEED
This DEED OF ABSOLUTE SALE executed at on this the day of 2015 by Smti/Shri. S/o W/o D/o residing at
hereinafter called the VENDOR of the one part which expression shall include his executors, administrators, legal representatives, successors etc.
TO AND IN FAVOUR OF
Shri/Smti S/o W/o D/o residing at
hereinafter called the VENDEE 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 been in exclusive possession and enjoyment of the property more fully described in the Schedule of property 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 of consideration hereunder for a sum of Rs /- (Rupees only) and the VENDEE 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. (Rupees only) received by the VENDOR in cash and the receipt of the said entire consideration of Rs. (Rupees 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 VENDEE , 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 VENDEE absolutely and forever.
THE VENDOR DOTH HEREBY COVENANT WITH THE VENDEE AS
FOLLOWS:
- That the property more fully described in the Schedule hereunder shall be quietly and peacefully entered into and held and enjoyed by the VENDEE without any interference, interruption, or disturbance from the VENDOR or any person claiming through or under him.
- That the VENDOR has absolute right, title and full power to sell, convey and transfer unto the VENDEE 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 VENDEE the property hereby conveyed.
- 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 VENDEE indemnified.
- That the VENDOR hereby declares with the VENDEE 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 VENDEE 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
- That the VENDOR has handed over the vacant possession of the property more fully described in the Schedule hereunder to the VENDEE on and delivered the connected original title document in respect of the schedule mentioned property hereby conveyed on the date of execution of these presents.
of the same on the day, month and year first above written in the presence
of the following witnesses:
WITNESSES: -
**1. (Name, father’s name, address) VENDOR
- (Name, father’s name, address) VENDEE**
IMPORTANT INGREDIENTS OF A SALE DEED
- Name of the deed: It is the parties who have to decide that which deed has to be prepared e.g. DEED OF SALE or DEED OF MORTGAGE or DEED OF LEASE etc. and based on which there will be transfer of ownership of immovable property. Since this Sale deed, parties may use DEED OF SALE (OR) SALE DEED. - Parties to sale deed: An absolute sale deed must contain the names, and respective addresses of parties to the transaction and both the parties i.e. seller and buyer must be competent to enter into a contract so that it will not affect the validity of the valid sale. It is very much important that the sale deed is duly signed and executed by both the parties with their bona-fide intention. A valid sale deed must start with clear description of the parties. - Description of the property sold: A valid sale deed must contain full description of the property which is the subject matter of sale. It must include identification number, total plot area, construction details as well as its location with its surrounding areas. A schedule of the property must be included in the sale deed which will define the exact location where the property is actually situated. - Sale consideration clause: A sale deed must include the clause stating the sale consideration/amount as agreed between the seller and the buyer which has to be paid by the buyer to the seller on the execution of sale deed. A sale amount should be clearly stated in sale deed as agreed in the agreement to sell so that there should not be any onus on the parties to the transaction. - Advance payment, if any: If there is any transaction of token amount paid by the buyer to the seller then it has to be clearly mentioned in the sale deed, and how much is the remaining balance to be paid on the execution of the sale deed. - Mode of payment : It is always the buyer who has to decide that how he is going to pay the sale consideration amount whether by Cash /Cheque/ Demand Draft and the same has to be agreed by the seller. - Passing of the title: A sale deed should contain the clause when the original title of the property to be passed to the vendee. A time limit should be given to the seller for the transfer of the title. Once the title of the immovable property is transferred, all the rights will pass to the vendee. - Delivery of the possession: The possession of the immovable property will be transferred to the vendee by the vendor once the registration process is completed. A clause in the sale deed must state when there will be actual delivery of the possession. - Indemnity provision if any: A seller must clear all the statutory charges i.e. property tax, electricity charges, water bills, cess, society charges, maintenance charges and all other charges relating to the property before the execution of the sale deed. In case there is any encumbrance on the
