Sale Deed Registration
A Sale Deed is a legal document defined under Section 54 of Transfer of Property Act, 1882 which enables seller to transfer property in the name of buyer or it can be defined as a document which indicates the sale and transfer of ownership of an immovable property.
Section 54 of Transfer of Property Act, 1882 defines it as:
“‘Sale’ is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.”
Transfer of Property Act, 1882 has also described how ‘Sale’ is made as any transfer in the case of tangible immoveable property having value of one hundred rupees and more, or in the case of an intangible thing sale can be done only via a registered instrument.
Sale Deed acts as significant document as it contains the details of property as well as parties such as title of the property, proof of ownership, consideration and assurance given by seller in terms of encumbrances and liabilities if any etc. it is basically a the next step to be taken after execution of Agreement to Sell.
Yes, Sale Deed registration is regulated and governed by The Registration act, 1908. As most of the people invest their entire life income on purchasing property so it is one of the most pertinent documents to reflect title of the property for both buyer and seller. Although every state has different laws and procedures with respect to the registration of property but Section 17 of the Indian Registration Act, 1908 has made it mandatory to get the registration done for the documents related to sale, purchase, transfer or ease of property. Law doesn’t recognize the unregistered properties and no legal remedies are available for unregistered properties in case of any encumbrances/default. So it is always advisable to get the property registered to avoid any issues afterwards.
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The main objective of getting sale deed registered is to give notice to world about execution of certain property document. It also helps government department to keep record of the property which helps for administrative and judicial purpose.
Only registration of property verifying title doesn’t ensure ownership or possession of property. So it is always recommended to draft sale deed with due care and diligence from professional or lawyer.
Yes, you can draft sale deed but it always recommended to get it verified from an attorney for proper authentication of documents.
Sale deed registration can be done by filing an application at Sub-Registar office in concerned district.
Section 17 of the Indian Registration Act, 1908 has made it mandatory to get the registration done for the documents related to sale, purchase, transfer or ease of property. Law doesn’t recognize the unregistered properties and no legal remedies are available for unregistered properties in case of any encumbrances/default. So it is always advisable to get the property registered to avoid any issues afterwards.
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