Sale Deed: Benefits, Documents& Registration Process
What Is a Sale Deed?
- A sale deed is an essential document. It is the main document of ownership of a property. This evidence is a legal document that proves the transfer of property from the seller to the buyer.
- This deed is signed and registered by both the buyer and the owner of the land. This document is drawn up by the draftsman under the Exclusion Clause to acquire the right to purchase property as per the value determined by stamp duty.
Elements Of Sale Deed
Name and Address
- The sale deed must contain the buyer’s and seller’s name, age, address, and telephone number.
Property Description
This deed should contain accurate details like description, address, full area, developments, boundaries, etc. of the property to be sold.
Sales Consideration
- The deed should state the amount that the buyer of the property will pay to the seller upon execution of the deed. If you have paid anything as an advance, you should also state that, along with the receipt of how you paid.
- You should also state whether you paid by check or online transfer. If you paid in installments, you should state the date.
Title Description
- The deed should mention the time and date when the title of the property will be transferred to the buyer. All the documents related to the property should be handed over to the buyer.
- After the registrations are completed, the seller should be given information about the property to be transferred to the buyer.
Indemnification
- Before selling a property, the seller has to pay all kinds of charges like property tax, water charges, electricity charges, maintenance charges, etc. If there are any loans and mortgages on the property, they must be paid.
- The seller guarantees to release the buyer from these charges. Once the property is transferred to the buyer no one else is entitled.
Register
- If any sale deed is not registered in the office of the Sub-Registrar, it will not be legally binding.
- Both the buyer and the seller must be present at the office on the date to register the deed along with their witnesses.
- Registration fee and stamp duty must be paid for registration of the deed.
Process Of Getting A Sale Deed
- A buyer of a property should draw up the deed after getting the necessary documents from the seller. The seller should take the help of a good lawyer to verify that the property is the rightful owner and all the documents required for the sale.
- He will prepare the deed covering all the elements of the property. After that registration is allowed in the office of the Sub-Registrar. This registration process varies slightly depending on the state where the property is located.
Documents Required For Sale Deed
Documents required for the preparation of the sales letter are as follows:
Sale Agreement:
This agreement is made between the seller and the buyer before making the agreement. It includes all the terms, possession date, payment schedule, property specifications, etc.
No Obligation Certificate (NOC):
General for the sale of a flat or building, the developer must obtain NOC from different Govt. The buyer of the property must obtain NOC from the developer.
Possession letter:
A possession letter is issued by the developer to the buyer of the property while selling a building.
Payment Receipts:
Water bill receipt, electricity bill receipt, property tax receipt, etc. of the property should be obtained from the seller.
Encumbrance Certificate:
A property encumbrance certificate is required to show that there is no loan or mortgage on the property.
Completion Certificate:
While selling a building, the buyer of the property must obtain a completion certificate from the developer. This certificate certifies that the building has been constructed as planned.
General Power Of Attorney (GPA):
If the property is sold by a person authorized by the owner of the property, it is necessary to obtain a GPA (General Power Of Attorney) from that authorized person. GPA helps to verify whether the owner of the property is authorized to sell the property or not.
Benefits Of Sale Deed
- A deed of sale offers many benefits to both the buyer and the seller.
- This bond is good legal proof and authorization, protecting the individual from many legal problems.
- This document makes the property transaction transparent and convenient as it contains many elements that provide the intricate details of a property.
- It protects the rights of both the buyer and the seller of the property.
- After registering the deed, the property transaction can be protected from fraud.
Registration Procedure For Sale Deed
- First, you have to go to the sub registrar’s office and make a reservation. If you show these the sub registrar will issue a token.
- Before sending the documents to the Sub-Registrar, the documents should be fully verified and only that person will be allowed inside.
- Officials will take the fingerprints of both the buyer and the seller of the property on all parts of the attached documents.
- The sub-registrar will once again verify the documents. If the documents are correct, their fingerprints and photographs will be taken in the biometric section.
- A receipt will be issued to you after this registration is completed. The buyer of the property can purchase the sale deed within 15 days of registration.
Difference Between Sale Deed And Sale Agreement
| Sale Deed | Agreement Of Sale |
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This deed represents an immediate and complete sale of the property.
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This bond represents the future sale of the property.
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All risks associated with the property are the responsibility of the buyer.
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All risks are borne by the seller until the property is sold.
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This is an executed contract.
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These are contracts to be fulfilled in the future.
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This deed must be registered.
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This role may or may not be registered.
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All rights to the property are transferred to the new owner.
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These only give the right to purchase the property in the future.
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Advantages Of Sale Deed
- This role protects the rights of both the buyer and the seller. A well-drafted deed can reduce ambiguity and reduce risk.
- As it is a legally enforceable document, it minimizes complications.
- This helps the sales transaction to be carried out in a younger and more convenient way.
- The entire process of sale is sealed and registered.
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