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Private Property Sale Agreement
"I need a Private Property Sale Agreement for a residential apartment in Mumbai, India, with a staged payment plan where the final installment is due in March 2025, and the agreement should include specific clauses about parking space allocation and society membership transfer."
1. Parties: Identifies and provides full details of the seller and purchaser, including names, addresses, and legal capacity
2. Background: Contains recitals explaining the context of the sale, the seller's ownership, and the parties' intention to enter into the transaction
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Property Details: Comprehensive description of the property being sold, including exact measurements, boundaries, and registration details
5. Sale Consideration: Specifies the agreed purchase price, payment terms, and method of payment
6. Payment Schedule: Details the timeline and breakdown of payments to be made by the purchaser
7. Seller's Representations and Warranties: Statements and guarantees about the property's title, encumbrances, and legal status
8. Purchaser's Representations and Warranties: Confirms purchaser's capacity and authority to enter into the agreement and make payments
9. Conditions Precedent: Lists conditions that must be satisfied before completion of the sale
10. Completion Obligations: Details the actions required by both parties to complete the transaction
11. Possession: Terms regarding the handover of physical possession of the property
12. Registration and Transfer: Obligations regarding property registration and transfer of title
13. Expenses and Taxes: Allocation of costs, stamp duty, registration fees, and other transaction-related expenses
14. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction
15. Notices: Method and addresses for serving legal notices between parties
16. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
17. Dispute Resolution: Mechanism for resolving disputes between parties
1. Mortgage or Charge Details: Required if the property has existing mortgages or charges that need to be cleared
2. Power of Attorney: Needed if either party is acting through an authorized representative
3. Third Party Rights: Required if there are existing tenants or other third-party interests in the property
4. Development Rights: Necessary for properties with unused development potential or TDR
5. Joint Ownership Provisions: Required when the property is being purchased by multiple buyers
6. Foreign Exchange Compliance: Needed if any party is an NRI or foreign national
7. GST Provisions: Required for properties where GST is applicable
8. Indemnification: Optional additional protection against specific identified risks
1. Property Schedule: Detailed property description, including floor plans and measurements
2. Title Documents: List of all title documents and their copies
3. Payment Schedule: Detailed breakdown of payment instalments and timelines
4. Encumbrance Certificate: Recent encumbrance certificate showing property's legal status
5. Property Tax Records: Details of property tax payments and any pending dues
6. Utility Bills: Recent utility bill copies showing current connections and dues
7. Approved Plans: Copies of building plans approved by local authorities
8. Completion Certificate: Copy of completion/occupancy certificate if applicable
Authors
Real Estate
Construction
Banking & Finance
Legal Services
Property Development
Insurance
Urban Development
Housing
Commercial Property
Residential Property
Legal
Real Estate
Compliance
Property Management
Contract Administration
Due Diligence
Documentation
Corporate Secretarial
Risk Management
Asset Management
Real Estate Manager
Property Lawyer
Legal Counsel
Compliance Officer
Property Developer
Real Estate Agent
Property Valuer
Title Officer
Real Estate Investment Manager
Property Administrator
Contract Manager
Company Secretary
Due Diligence Officer
Real Estate Portfolio Manager
Legal Document Specialist
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