Facing Issues with Your Sale Agreement?

Your Trusted Legal Support for Sale Agreement Drafting and Disputes

Creating a sale agreement can be a complex and critical process. Our experienced legal team is here to help you navigate through the intricacies of sale agreements, ensuring that all terms are clear, compliant with the law, and protect your interests.

Legal Assistance for Sale Agreement Creation and Disputes

Comprehensive legal advice on drafting sale agreements, including terms of the sale, property details, and legal requirements.

Expert negotiation and representation to resolve disputes arising from sale agreements.

Assistance with verifying property titles, compliance with property laws, and registration of the sale agreement.

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Introduction:

A ‘Sale’ is a transfer of ownership in exchange for a price paid or promised, or part paid or part promised. Sale deeds are executed and attested like bonds. As per the Indian law of registration if a tangible immovable property of the value of more than 100 is transferred it must be attested by two witnesses and must be registered. The stamp duty varies from State to State. Roughly the stamp duty is at the rate of about 10% of the property price.

Essentials Of Sale Agreement:-

Before entering into a sale agreement, the buyer must ensure that the seller has proper title to the property. The seller should either be the owner of the property or must be an authorized power of attorney holder. A well-drafted Sale agreement is a critical process while buying or selling a property, since several complexities are involved. Essentials of a Sale agreement are as follows:

  • Offer and acceptance in exchange of consideration.
  • Parties to the agreement must be competent to enter into a contract.
  • Subject matter that is, it must be a transferable immovable property. Includes details about the property like location, size, price, and terms of sale, etc.
  • Consideration, it means transfer by way of sale must be in exchange of the price of the property.
  • Clarity of terms and protection against any disputes.
  • Compliance with statutory requirements; like compliance to the legal requirements of the land and property laws, etc.
  • Title verification is a must, or any encumbrance like mortgage or legal claims, etc.
  • Registration and stamp duties as applicable depending upon the State where the property is located and valuation of the property.
  • Actual possession / delivery of the property after proper registration under the Registration Act.

Governing Laws –:

  • The Transfer of Property Act, 1882
  • Real Estate (Regulation and Development) Act, 2016
  • The Indian Contract Act, 1872
  • The Registration Act, 1908
  • The Indian Stamp Act, 1899
  • Indian Easement Act, 1882

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Your assigned lawyer will provide expert legal advice and represent you throughout your case, ensuring your rights are protected.

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