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Private Property Sale Agreement Template for India

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Key Requirements PROMPT example:

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."

Document background
The Private Property Sale Agreement is a fundamental legal document used in Indian real estate transactions for transferring ownership of immovable property between private parties. This agreement is essential when any individual or entity wishes to sell or purchase property in India, whether residential or commercial. It must comply with the Transfer of Property Act, 1882, Registration Act, 1908, and various state-specific property laws. The document typically includes crucial details such as property description, sale price, payment terms, warranties, and completion obligations. It requires proper stamping and registration at the Sub-Registrar's office to be legally enforceable. The agreement serves as the primary evidence of the transaction and protects both parties' interests by clearly defining their rights and obligations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses






























Relevant Industries

Real Estate

Construction

Banking & Finance

Legal Services

Property Development

Insurance

Urban Development

Housing

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Contract Administration

Due Diligence

Documentation

Corporate Secretarial

Risk Management

Asset Management

Relevant Roles

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

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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