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Sale Deed Registration

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What Is Sale Deed?

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.

How Law Has Defined Sale Deed?

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.

How Is Sale Deed Important?

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.

Is There Any Law Governing Registration Of Property And Is It Mandatory To Get Your Property Registered?

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.

What are the services Lawyerinc offers for Sale Deed?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services for Sale deed drafting as well as registration.
  • We have expertise in drafting Sale deed.
  • We will get in touch with you through expertise in this field.
  • Our Experts shall guide you through the procedure and supply you with a detailed checklist of the required documents.
  • We will draft sale deed for you; once you are satisfied we will file an application for registration of the same.
  • Free consultation for any enquiry that you may have about Sale deed.
  • You will get your sale deed drafting and registration done without any hassles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related to Sale Deed and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

What Are Crucial Points That One Need To Consider While Drafting Sale Deed?

  • Party need to be aware while classifying Sale Deed, as if party wants to sell the property it will be ‘Deed of Sale’ but if party wants to is going to lease or mortgage property it will called as ‘Deed of Mortgage’.
  • Party needs to mention accurate and factual information pertaining to sale such as property, parties details etc. If the party has intentionally disclosed incorrect information, the said Sale Deed will be declared as null and void.
  • The Sale Deed should contain suitable and required information in respect of the said property to enable party to identify the property in question.
  • A Sale Deed is to be considered as defective if not accompanied by a Sale Agreement as the Sale Agreement is important document which contains all the terms and conditions to be agreed between the parties..
  • The Sale Deed must hold the Proof of Registration of the property with it.

What Are Steps A Buyer Needs To Be Taken For Purchasing/Registering A Property?

  • To check for any encumbrances with respect to the property such as any legal encumbrances or pending litigation with respect to the property title; to identify any mortgage that has not been paid off;
  • to check the classification of property from the Government records along with other important records to locate the property against the adjoining land; to check any change in relation between parties whose name appearing in title through marriage, divorce, etc.;
  • to check any change in ownership due to estate filing, transfer of property, death etc.;
  • to check historical account in case of chain of title deeds through a procedure under which the property has been transferred/acquired by recent owner;
  • to get NOC (Non Objection Certificate) from co-owners in case of joint property.etc.
  • to go for valuation of the property. Property/land Valuation is the process of developing an opinion about market value of the real estate property.
  • Once all is done now to draft and finalize the Sale Deed by Attorney. Buyer needs to be very careful while drafting a Deed, so it needs to be drafted by a good attorney. It needs to be signed by both the parties in presence of witness.
  • Buyer has to pay the stamp duty at respective office. The charges of stamp duty vary from state to state but usually around 4-5% of true market value of the property.
  • Next step is execution of final deed at the office of Sub-Registrar. It requires presence of seller, buyer and 2 witnesses during the procedure.

What Are Various Documents Required For Property Registration?

  • Duplicate copy of the Sale Deed that needs to registered
  • Two passport size photographs of the buyer, the seller and the two witnesses
  • Photo identity proof such as Aadhaar card, Voter’s ID card of all the parties
  • Certified true copies of Certificate of Incorporation in case of a company.
  • Copy of the property register card to indicate that the property does not belong to any Government authority.
  • To indicate year of construction of property, copy of the municipal tax bill
  • Copy of the PAN Card of both seller and the buyer
  • Signature, Thumb impressions, photographs buyer, the seller and the two witnesses

Frequently Asked Questions

  • 1. What is the objective of registration of sale deed?

    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.

  • 2. Does property registration safeguard ownership of property?

    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.

  • 3. Can I draft sale deed by myself?

    Yes, you can draft sale deed but it always recommended to get it verified from an attorney for proper authentication of documents.

  • 4. From where can I get sale deed registration?

    Sale deed registration can be done by filing an application at Sub-Registar office in concerned district.

  • 5. Is it mandatory to get sale deed registered?

    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.

  • 6. Why to get sale deed drafted and registered through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In –house team of lawyers and attorneys, CA and CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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