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Discussion > Legal Documents > Agreements > Difference between Agreement of Sale, Sale Deed and Deed of   Unanswered Threads Post New Topic

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There are 17 Replies to this message


Nadarajah


Manager
[ Scorecard : 24]
Posted On 04 March 2011 at 12:23 Report Abuse

What is the difference between Agreement of Sale, Sale Deed and Deed of Assignment. Iam planning to buy a property by paying a part amount initially and remaining through bank loan. In what order these documents have to be executed. Please assist.

 

Regards,

Nadarajah



Solicitor Chirag M. Shah


Advocate & Solicitor
[ Scorecard : 295]
Posted On 04 March 2011 at 12:52 Report Abuse

Agreement for sale is a agreement between parties that on such and such terms the sale to take place. Terms and conditions could be agreed and sale to be completed on agreed future date with payment.

Sale Deed is a document executed at the time of finalising the sale deal. when entier aount is paid and property is conveyed sale deed is executed.

Deed of assignemnt is a deed by which interest in the proprty is transfered and assigned to another. Like tenancy rights and other rights of protperty can be assigned as it cant be sold.


Chanakya Bhavsar


Advocate
[ Scorecard : 22]
Posted On 04 March 2011 at 12:52 Report Abuse

Agreement for Sale is not the actual sale but a contractual agreement to sell a property on particular terms and for a particular price, however the Sale Deed itself is where the acutal transfer ouccers and one becomes the owner of the property.  Assignment will happen in case of leasehold land, whereby subject to the terms and conditions of the Lease Deed, the lessee shall be assigning all his rights emanating from the Lease deed to the assignee for a consideration, and whereby the assignee shall basically step into the shoes of the lessee and directly pay the rent to the Lessor.   


rahul shukla


lawyer
[ Scorecard : 42]
Posted On 04 March 2011 at 22:02 Report Abuse

agreed with Chirag Shah and Chanakya.

@ Nadarajah

You need to enter into agreement to sale first and then complete the sale by executing sale deed in your favour. If you are going to buy a property and willing to take a bank loan, you should enter into the agreement to sale by paying token amount which willbe around 10% of total sale considration and get the agreement registered and approach the bank for loan.

reagrds


m.kupparaju


Advocate
[ Scorecard : 193]
Posted On 07 March 2011 at 19:42 Report Abuse

I agree with Mr.Chirag Shah's briefing, which  is more  precise.

with regards,

M.Kupparaju


S P ASHOK


INCHARGE LEGAL SECTION
[ Scorecard : 104]
Posted On 10 April 2011 at 20:14 Report Abuse

Be aware sometimes the builders are going only for Agreement for Sale and not executing Sale Deed.


Dennis Salve


Sr. Executive Purchase
[ Scorecard : 32]
Posted On 20 February 2012 at 18:31 Report Abuse

Hello All,

i bought a flat in Pune, builder has done only the agreement to sale with me, sale deed is still pending from last 3 yrs, reason is all the flat owners has not paid their outstanding dues, therefore he has not registered the Housing society, now that i have to sell my flat, is it possible to do the sale deed between the buyer and myself, as there is no sale deed between me and the builder, please suggest.


Sh S. Kumar


Other
[ Scorecard : 81]
Posted On 07 September 2012 at 23:59 Report Abuse

You may contact us For the Legal Drafting and Registration of Sale Deed, Agreement of Sale and Deed of Sale in Delhi.
SK Gupta
+91-8800418408
Agreement of Sale
Sale Deed in Delhi

Deed of Sale in Delhi

For more information, visit

http://www.onlinepropertyregistration.com/sale-deed-registration.html


Sachin


Asst Manager
[ Scorecard : 22]
Posted On 13 September 2012 at 18:09 Report Abuse

Hi,

I have purchased a flat in Pune _PCMC Ravet.

I have gone thru the Agreemnt to Sale registered at PCMC registrar office.

Please guideme When to make a sale deed so that the flat is 100% is under my head.

Wil Agreemnt to sale provide 100% ownership??


M.Imran ali Qadri Naqshbandi


Student
[ Scorecard : 22]
Posted On 15 December 2012 at 16:46 Report Abuse

AGREEMENT FOR SALE OF A HOUSE

 

This agreement made at............... on this day of............. 20…..between A, adult son of B, and resident of         (herein after called the seller) of the one part and C, adult son of D, resident of          (hereinafter called the purchaser) of the other part:

 

Witnesseth as follows:

  1. That the seller  agrees  to  sell  and  the purchaser agrees to purchase for the sum of Rs….. (Rupees…..            )   House No…….owned and possessed by the seller as an absolute owner and situated on…….. and bounded as follows:—

North   :

South   :

East :

West    :

containing by admeasurement    square metres of land together with all buildings, structures and outhouses and rights, easements and privileges enjoyed therewith.

2.     That Rs............................. (Rupees……..) have been paid as earnest money by the purchaser to the seller by means of Cheque/Demand Draft No…….        dated   drawn on         and the balance of Rs……(Rupees…….......................................... ) shall be paid at the time of the execution of the sale-deed (or before the Registering Officer).

3.     That    the    sale-deed    shall    be    executed    on    or    before the……… day of ………20….. whereupon the purchaser shall be entitled to immediate possession of the property sold to him.

4.     That the seller shall guarantee his sole and absolute title in the property to be sold and shall enter into all the usual covenants.

 

  1. That the property sold is free from encumbrances [or that the property   is   subject   to   the   following   encumbrances   (details   of encumbrances) and shall be sold subject to them, or which shall discharged by the seller before the completion of the sale in favour of the purchaser].

 

  1. That within two days from to-day the seller shall produce all the title-deeds of the house for inspection of the purchaser or of his nominee at   [place] and that in case the seller is unable to prove the marketable title that he has agreed to sell to the purchaser in the property agreed to be sold, it shall be open to the purchaser to cancel this agreement and to demand the return of the earnest money paid by him, and which shall be immediately returned by the seller.

 

  1. That all taxes and expenses relating to the property up to the date of the completion of the sale shall be paid by the seller, and thereafter by the purchaser, and that all rents, profits and income up to that date shall be taken by the seller and thereafter by the purchaser.

 

  1. That if the seller makes default in the performance of any of the conditions of this agreement, he shall pay Rs…… by way of compensation to the purchaser for such default; and if the purchaser makes default in the performance of any of the conditions  to be performed by him under this agreement, then the seller shall be entitled to forfeit the whole of the earnest money of Rs…….paid to him; and  that  the  party  not in  default shall be further entitled at his discretion either to annul this agreement or to specifically enforce it, in addition to any remedy that may be open to him.

 

  1. That the expenses of the sale shall be paid by the seller/ purchaser/by both parties in equal shares.

 

  1. That the title deeds of the property shall be handed over to the purchaser by the seller at the time of the completion of the sale. Or (That the seller shall retain but Will undertake to produce for inspection by the purchaser, whenever reasonably required to do so, the following title deeds which relate to the property' sold along with the other property of the seller). (List of the title deeds………..)

 

  1. That this agreement shall bind the above parties and their respective heirs, representatives and assigns.

 

  1. That if there be any difference or dispute between the parties on any matter arising hereunder or claimed so to rise, the same shall be referred to the arbitration of    whose award thereon shall be final and   binding on the parties.

In witness whereof the seller and the purchaser have here unto set and subscribed their respective hands /signatures in the presence of:

WITNESSES

1…………………                             Signature of the seller……………………………….

2…………………                             Signature of the purchaser…………………………..

 

 

AGREEMENT FOR SALE OF A HOUSE

 

This agreement made at............... on this day of............. 20…..between A, adult son of B, and resident of         (herein after called the seller) of the one part and C, adult son of D, resident of          (hereinafter called the purchaser) of the other part:

 

Witnesseth as follows:

  1. That the seller  agrees  to  sell  and  the purchaser agrees to purchase for the sum of Rs….. (Rupees…..            )   House No…….owned and possessed by the seller as an absolute owner and situated on…….. and bounded as follows:—

North   :

South   :

East :

West    :

containing by admeasurement    square metres of land together with all buildings, structures and outhouses and rights, easements and privileges enjoyed therewith.

2.     That Rs............................. (Rupees……..) have been paid as earnest money by the purchaser to the seller by means of Cheque/Demand Draft No…….        dated   drawn on         and the balance of Rs……(Rupees…….......................................... ) shall be paid at the time of the execution of the sale-deed (or before the Registering Officer).

3.     That    the    sale-deed    shall    be    executed    on    or    before the……… day of ………20….. whereupon the purchaser shall be entitled to immediate possession of the property sold to him.

4.     That the seller shall guarantee his sole and absolute title in the property to be sold and shall enter into all the usual covenants.

 

  1. That the property sold is free from encumbrances [or that the property   is   subject   to   the   following   encumbrances   (details   of encumbrances) and shall be sold subject to them, or which shall discharged by the seller before the completion of the sale in favour of the purchaser].

 

  1. That within two days from to-day the seller shall produce all the title-deeds of the house for inspection of the purchaser or of his nominee at   [place] and that in case the seller is unable to prove the marketable title that he has agreed to sell to the purchaser in the property agreed to be sold, it shall be open to the purchaser to cancel this agreement and to demand the return of the earnest money paid by him, and which shall be immediately returned by the seller.

 

  1. That all taxes and expenses relating to the property up to the date of the completion of the sale shall be paid by the seller, and thereafter by the purchaser, and that all rents, profits and income up to that date shall be taken by the seller and thereafter by the purchaser.

 

  1. That if the seller makes default in the performance of any of the conditions of this agreement, he shall pay Rs…… by way of compensation to the purchaser for such default; and if the purchaser makes default in the performance of any of the conditions  to be performed by him under this agreement, then the seller shall be entitled to forfeit the whole of the earnest money of Rs…….paid to him; and  that  the  party  not in  default shall be further entitled at his discretion either to annul this agreement or to specifically enforce it, in addition to any remedy that may be open to him.

 

  1. That the expenses of the sale shall be paid by the seller/ purchaser/by both parties in equal shares.

 

  1. That the title deeds of the property shall be handed over to the purchaser by the seller at the time of the completion of the sale. Or (That the seller shall retain but Will undertake to produce for inspection by the purchaser, whenever reasonably required to do so, the following title deeds which relate to the property' sold along with the other property of the seller). (List of the title deeds………..)

 

  1. That this agreement shall bind the above parties and their respective heirs, representatives and assigns.

 

  1. That if there be any difference or dispute between the parties on any matter arising hereunder or claimed so to rise, the same shall be referred to the arbitration of    whose award thereon shall be final and   binding on the parties.

In witness whereof the seller and the purchaser have here unto set and subscribed their respective hands /signatures in the presence of:

WITNESSES

1…………………                             Signature of the seller……………………………….

2…………………                             Signature of the purchaser…………………………..

 

 

 

 

 




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