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Residential Sales Contract Template for India

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Key Requirements PROMPT example:

Residential Sales Contract

"I need a Residential Sales Contract for a 3BHK apartment in Mumbai, with completion scheduled for March 2025, including specific clauses for society transfer and parking rights, where the buyer will be taking a bank loan for 70% of the purchase price."

Document background
The Residential Sales Contract is a fundamental legal document used in Indian real estate transactions for the transfer of residential property ownership. It serves as a binding agreement between the seller and purchaser, incorporating essential elements required under Indian property law, including the Transfer of Property Act, Registration Act, and RERA. This document is crucial when transferring residential property ownership, whether it's an apartment, house, villa, or plot intended for residential use. It contains detailed provisions covering property description, price, payment terms, warranties, possession transfer, and compliance requirements. The contract must be registered with the Sub-Registrar's office and appropriately stamped according to state-specific stamp duty regulations. It protects both parties' interests by clearly defining their rights, obligations, and remedies while ensuring compliance with local municipal laws and housing society regulations where applicable.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and PAN numbers

2. Background: Brief context of the transaction and property ownership history

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including address, boundaries, dimensions, and registration details

5. Purchase Price: Total consideration, payment structure, and payment methods

6. Payment Terms: Detailed breakdown of payment schedule, installments, and completion payment

7. Completion: Process and timeline for completing the sale, including documentation requirements

8. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal compliance

9. Purchaser's Representations and Warranties: Purchaser's declarations regarding financial capacity and compliance

10. Title and Transfer: Process of title transfer and registration requirements

11. Possession: Terms and conditions for transferring possession of the property

12. Expenses and Taxes: Allocation of transaction costs, stamp duty, and registration fees

13. Default and Remedies: Consequences of default by either party and available remedies

14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

15. Notices: Method and addresses for formal communications between parties

16. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

17. Execution: Signature blocks and witness details

Optional Sections

1. Mortgage or Financing: Include when purchase involves bank financing or existing mortgage

2. Society Membership: Include for apartments/condominiums requiring society membership transfer

3. Pending Litigation: Include if there are any ongoing legal disputes affecting the property

4. Tenant Rights: Include if property is currently tenanted or has existing lease agreements

5. Development Rights: Include if property has unused development potential or TDR rights

6. Parking Rights: Include for properties with specific parking allocations or rights

7. Maintenance Charges: Include for properties in managed communities with ongoing charges

8. Third Party Rights: Include if there are any third-party interests or rights over the property

Suggested Schedules

1. Property Schedule: Detailed property description, boundaries, and floor plans

2. Title Documents: List of all title documents and chain of ownership

3. Payment Schedule: Detailed breakdown of payment installments and dates

4. Encumbrance Certificate: Recent encumbrance certificate showing any registered encumbrances

5. Inventory: List of fixtures and fittings included in the sale

6. Property Tax Records: History of property tax payments and current status

7. Approved Plans: Copies of approved building plans and permits

8. Society Documents: Relevant housing society documents and certificates

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


















































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Relevant Industries

Real Estate

Residential Property

Legal Services

Banking and Finance

Property Management

Construction

Urban Development

Insurance

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Finance

Risk Management

Operations

Customer Relations

Registration

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Conveyancing Officer

Property Valuer

Mortgage Officer

Real Estate Developer

Compliance Officer

Title Examiner

Property Documentation Specialist

Real Estate Transaction Manager

Housing Society Manager

Property Registration Officer

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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