This is a format of a Deed of Sale - in respect of sale of a plot of land. A PDF version of the format is given below. Earlier I have posted format of an Agreement for Sale.
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FORMAT OF THE DEED
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FORMAT OF THE DEED
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SALE DEED
1. Date: _______________
2. Place: _______________
3. Parties:
3.1 ________________, son of ____________, by Nationality Indian, by faith _______, by occupation – __________, residing at ____________________, Police Station – _________________.
(Vendor, includes legal heirs, successors, executors, administrators, legal representatives and assigns)
3.2 ________________, son of ____________, by Nationality Indian, by faith _______, by occupation – __________, residing at ____________________, Police Station – _________________.
AND
3.2 ________________, son of ____________, by Nationality Indian, by faith _______, by occupation – __________, residing at ____________________, Police Station – _________________.
(Purchaser, includes legal heirs, successors, executors, administrators, legal representatives and assigns)
[Vendor, Purchaser collectively Parties and individually Party.]
NOW THIS DEED OF SALE WITNESSES AS FOLLOWS:
4. Background:
4.1 Description of the Title: How the land came in the hand of the Vendor from the predecessors-in-title is to be described in detail………… (Chain of title).
4.2 Sale to Vendor: By virtue of a Deed of Sale dated _______, duly registered in the Office of the A.D.S.R. ____________, in Book No. I, Volume No. ___, Pages from ___ to ___, Being No. _____ for the year ______, said _______ (Name of the previous owner) sold the aforesaid plot of land measuring about _________, be the same a little more or less (Subject Property) to the present Vendor for the consideration mentioned therein.
4.3 Ownership of the Vendor: Thus the Vendor has become sole and absolute owner of the Subject Property, being ALL THAT piece and parcel of ______ (Character of the land) Land measuring about __________, more or less, situate and lying at Mouza _________, J.L. No. ____, Touzi No. ______, R.S. No. _____, comprised in R.S. /L.R. Dag No. _______, appertaining to R.S. /L.R. Khatian No. _____, Police Station ____________, A.D.S.R.O. ____________, District ____________. The Subject Property is more fully described in the Schedule below.
4.4 Mutation: Thereafter the Vendor got his name mutated as the owner of the Subject Property in the records of ___________ Municipality, being the local authority and has been paying taxes regularly.
4.5 Proposal and Acceptance: While thus seized and possessed of or otherwise well and sufficiently entitled to the Subject Property and enjoying the same, on announcement of sale of the same by the Vendor due to some valid and legal reasons, the Purchaser proposed to the Vendor to purchase the Subject Property and the Vendor accepted the said proposal.
4.1 Description of the Title: How the land came in the hand of the Vendor from the predecessors-in-title is to be described in detail………… (Chain of title).
4.2 Sale to Vendor: By virtue of a Deed of Sale dated _______, duly registered in the Office of the A.D.S.R. ____________, in Book No. I, Volume No. ___, Pages from ___ to ___, Being No. _____ for the year ______, said _______ (Name of the previous owner) sold the aforesaid plot of land measuring about _________, be the same a little more or less (Subject Property) to the present Vendor for the consideration mentioned therein.
4.3 Ownership of the Vendor: Thus the Vendor has become sole and absolute owner of the Subject Property, being ALL THAT piece and parcel of ______ (Character of the land) Land measuring about __________, more or less, situate and lying at Mouza _________, J.L. No. ____, Touzi No. ______, R.S. No. _____, comprised in R.S. /L.R. Dag No. _______, appertaining to R.S. /L.R. Khatian No. _____, Police Station ____________, A.D.S.R.O. ____________, District ____________. The Subject Property is more fully described in the Schedule below.
4.4 Mutation: Thereafter the Vendor got his name mutated as the owner of the Subject Property in the records of ___________ Municipality, being the local authority and has been paying taxes regularly.
4.5 Proposal and Acceptance: While thus seized and possessed of or otherwise well and sufficiently entitled to the Subject Property and enjoying the same, on announcement of sale of the same by the Vendor due to some valid and legal reasons, the Purchaser proposed to the Vendor to purchase the Subject Property and the Vendor accepted the said proposal.
4.6 Agreement:
4.6.1 The Vendor: The Vendor has agreed to sell, convey and transfer to the Purchaser the Subject Property, described in the Schedule below.
4.6.2 The Purchaser: The Purchaser has agreed to purchase the Subject Property from the Vendor on the consideration mentioned below.
4.6.1 The Vendor: The Vendor has agreed to sell, convey and transfer to the Purchaser the Subject Property, described in the Schedule below.
4.6.2 The Purchaser: The Purchaser has agreed to purchase the Subject Property from the Vendor on the consideration mentioned below.
5. Representations and Warranties of the Vendor:
5.1 Absolute Ownership: The Vendor is the absolute owner of the Subject Property.
5.2 Right, Power and Authority to Sell: The Vendor has good right, full power, absolute authority and indefeasible title to sell the Subject Property to the Purchaser.
5.3 Free from Encumbrances: The Subject Property is free from all claims, demands, encumbrances, mortgages, charges, liens, attachments, lis pendens, uses, trusts, prohibitions, requisitions, acquisitions, Income Tax Attachment, Financial Institution Charges and liabilities whatsoever or howsoever made or suffered by the Vendor or any person claiming through the Vendor and the title of the Vendor to the Subject Property is free, clear and marketable.
5.4 No Prejudicial Act by the Vendor: The Vendor has not at any time done or executed or knowingly suffered or been party or privy to any act, deed, matter or thing whereby the Subject Property or any part thereof can or may be impeached, encumbered or affected in title.
5.5 No Personal Guarantee: The Subject Property is not affected by or subject to any personal guarantee for securing any financial accommodation.
5.6 No Bar by Court Order or any other Statutory Authority: There is no order of Court or any other statutory authority prohibiting the Vendor from selling and/or alienating the Subject Property or any part thereof.
5.7 Permission & Clearances: The Vendor has obtained all statutory and other clearances, consents and permissions required, if any, to transfer the Subject Property to the Purchaser.
5.1 Absolute Ownership: The Vendor is the absolute owner of the Subject Property.
5.2 Right, Power and Authority to Sell: The Vendor has good right, full power, absolute authority and indefeasible title to sell the Subject Property to the Purchaser.
5.3 Free from Encumbrances: The Subject Property is free from all claims, demands, encumbrances, mortgages, charges, liens, attachments, lis pendens, uses, trusts, prohibitions, requisitions, acquisitions, Income Tax Attachment, Financial Institution Charges and liabilities whatsoever or howsoever made or suffered by the Vendor or any person claiming through the Vendor and the title of the Vendor to the Subject Property is free, clear and marketable.
5.4 No Prejudicial Act by the Vendor: The Vendor has not at any time done or executed or knowingly suffered or been party or privy to any act, deed, matter or thing whereby the Subject Property or any part thereof can or may be impeached, encumbered or affected in title.
5.5 No Personal Guarantee: The Subject Property is not affected by or subject to any personal guarantee for securing any financial accommodation.
5.6 No Bar by Court Order or any other Statutory Authority: There is no order of Court or any other statutory authority prohibiting the Vendor from selling and/or alienating the Subject Property or any part thereof.
5.7 Permission & Clearances: The Vendor has obtained all statutory and other clearances, consents and permissions required, if any, to transfer the Subject Property to the Purchaser.
6. Conveyance to the Purchaser: In pursuance of the aforesaid Agreement and relying on the aforesaid representations and warranties of the Vendor, the Purchaser at or before the execution hereof has paid to the Vendor the entire consideration of Rs.__________/- (Rupees _____________________) only and the Vendor is completing the sale of the Subject Property in favour of the Purchaser, by these presents.
7. Transfer:
7.1 Hereby Made: The Vendor doth hereby sell, convey, grant and transfer to and unto the Purchaser, absolutely and forever, free from all encumbrances of any and every nature whatsoever, the Subject Property described in the Schedule below, being:
7.1.1 Said Land: ALL THAT piece and parcel of _______ (Character of the land) Land measuring about __________, more or less, situate and lying at Mouza _________, J.L. No. ____, Touzi No. ______, R.S. No. _____, comprised in R.S. /L.R. Dag No. _______, appertaining to R.S. /L.R. Khatian No. _____, Police Station ____________, A.D.S.R.O. ____________, District ____________, more fully described in the Schedule below and demarcated in colour Red on the Plan attached hereto.
7.1.2 Other Rights: Easements and all other rights, liberties, privileges and benefits appurtenant to the Said Property.
7.2 Consideration: The aforesaid transfer of the Subject Property is being made in consideration of sum of Rs.__________/- (Rupees _____________________) only and the Vendor doth hereby and by the Receipt and Memo below, admit and acknowledge the same.
8. Terms of Transfer:
8.1 Salient Terms: The transfer of the Subject Property being affected by this Conveyance is:
8.1.1 Sale: a sale within the meaning of the Transfer of Property Act, 1882.
8.1.2 Absolute: absolute, irreversible and for ever.
8.1.3 Free from Encumbrances: free from all encumbrances of any and every nature whatsoever including but not limited to lis pendens, attachments, liens, charges, mortgages, trusts, reversionary rights, residuary rights, claims and statutory prohibitions.
8.1.4 Other Rights: together with Easements and all other rights, liberties, privileges and benefits appurtenant to the Said Property.
8.1 Salient Terms: The transfer of the Subject Property being affected by this Conveyance is:
8.1.1 Sale: a sale within the meaning of the Transfer of Property Act, 1882.
8.1.2 Absolute: absolute, irreversible and for ever.
8.1.3 Free from Encumbrances: free from all encumbrances of any and every nature whatsoever including but not limited to lis pendens, attachments, liens, charges, mortgages, trusts, reversionary rights, residuary rights, claims and statutory prohibitions.
8.1.4 Other Rights: together with Easements and all other rights, liberties, privileges and benefits appurtenant to the Said Property.
9. Miscellaneous:
9.1 Delivery of Possession: Simultaneously with the execution of these presents khas, vacant and peaceful possession of the Subject Property is handed over by the Vendor to the Purchaser (Possession Date).
9.2 Holding Possession: The Vendor hereby covenants that the Purchaser shall and may, from time to time and at all times hereafter, peacefully and quietly enter into, hold, possess, use and enjoy the Subject Property and every part thereof and receive rents, issues and profits thereof and all other benefits, rights and properties hereby granted, sold, conveyed, transferred, assigned and assured or expressed or intended so to be unto and to the Purchaser, without any lawful eviction, hindrance, interruption, disturbance, claim or demand whatsoever from or by the Vendor or any persons lawfully or equitably claiming any right or estate therein from under or in trust from the Vendor.
9.3 Outgoings: All Municipal and other taxes, penalties, surcharge, outgoings, liabilities and levies on or relating to the Subject Property till the Possession Date, whether as yet demanded or not, shall be borne, paid and discharged by the Vendor and all Municipal and other taxes, penalties, surcharge, outgoings, liabilities and levies on or relating to the Subject Property from the Possession Date, whether as yet demanded or not, shall be borne, paid and discharged by the Purchaser.
9.4 No Objection to Mutation: The Vendor doth declare that the Purchaser is fully entitled to mutate its name in all public and statutory records and the Vendor hereby expressly unambiguously consents to the same. The Vendor doth also undertake to co-operate with the Purchaser in all respect to cause mutation of the Subject Property in the name of the Purchaser and in this regard shall sign all documents and papers as required by the Purchaser from time to time.
9.5 Further Acts: The Vendor doth hereby covenant that the Vendor or any person/s claiming under him, shall and will from time to time and at all times hereafter, upon every request and at the cost of the Purchaser and/or successors-in-interest of the Purchaser, do and execute or cause to be done and executed all such acts, deeds and things for further or more perfectly assuring the title of the Purchaser to the Said Property.
9.1 Delivery of Possession: Simultaneously with the execution of these presents khas, vacant and peaceful possession of the Subject Property is handed over by the Vendor to the Purchaser (Possession Date).
9.2 Holding Possession: The Vendor hereby covenants that the Purchaser shall and may, from time to time and at all times hereafter, peacefully and quietly enter into, hold, possess, use and enjoy the Subject Property and every part thereof and receive rents, issues and profits thereof and all other benefits, rights and properties hereby granted, sold, conveyed, transferred, assigned and assured or expressed or intended so to be unto and to the Purchaser, without any lawful eviction, hindrance, interruption, disturbance, claim or demand whatsoever from or by the Vendor or any persons lawfully or equitably claiming any right or estate therein from under or in trust from the Vendor.
9.3 Outgoings: All Municipal and other taxes, penalties, surcharge, outgoings, liabilities and levies on or relating to the Subject Property till the Possession Date, whether as yet demanded or not, shall be borne, paid and discharged by the Vendor and all Municipal and other taxes, penalties, surcharge, outgoings, liabilities and levies on or relating to the Subject Property from the Possession Date, whether as yet demanded or not, shall be borne, paid and discharged by the Purchaser.
9.4 No Objection to Mutation: The Vendor doth declare that the Purchaser is fully entitled to mutate its name in all public and statutory records and the Vendor hereby expressly unambiguously consents to the same. The Vendor doth also undertake to co-operate with the Purchaser in all respect to cause mutation of the Subject Property in the name of the Purchaser and in this regard shall sign all documents and papers as required by the Purchaser from time to time.
9.5 Further Acts: The Vendor doth hereby covenant that the Vendor or any person/s claiming under him, shall and will from time to time and at all times hereafter, upon every request and at the cost of the Purchaser and/or successors-in-interest of the Purchaser, do and execute or cause to be done and executed all such acts, deeds and things for further or more perfectly assuring the title of the Purchaser to the Said Property.
10. Interpretation:
10.1 Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
10.2 Headings: The headings in this Conveyance are inserted for convenience only and shall be ignored in construing the provisions of this Conveyance.
10.3 Definitions: Words and phrases have been defined in the Conveyance by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.
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Schedule above referred to
(Subject Property)
[Subject Matter of Sale]
(Subject Property)
[Subject Matter of Sale]
ALL THAT piece and parcel of _______ (Character of the land) Land measuring about __________, more or less, situate and lying at Mouza _________, J.L. No. ____, Touzi No. ______, R.S. No. _____, comprised in R.S. /L.R. Dag No. _______, appertaining to R.S. /L.R. Khatian No. _____, Police Station ____________, A.D.S.R.O. ____________, District ____________, within the local limits of ___________ Municipality, Ward No. _____, Municipal Holding No. ___________, together with all easement and other rights, rights of common passage and the same is butted and bounded in the following manner:
On the North : By
On the East : By
On the South : By
On the West : By
The Plot is shown on the Plan annexed hereto with the border Red and the Plan is treated as a part of this Deed.
11. Execution and Delivery:
11.1 In Witness Whereof the Parties have executed and delivered this Deed on the date mentioned above.
________________ _________________
[VENDOR] [PURCHASER]
[VENDOR] [PURCHASER]
Witnesses:
1. Signature: _________________________
Name:
Father’s/
Husband’s Name:
Address:
2. Signature: ________________________
Name:
Father’s/
Husband’s Name:
Address:
RECEIVED of and from the within named Purchaser the within mentioned sum of Rs.__________/- (Rupees _______________________) only as per the memo below:
W I T N E S S E S:
1. Signature: __________________________
Name:
Name:
Father’s/
Husband’s Name:
Address:
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MEMO OF CONSIDERATION
RECEIVED of and from the within named Purchaser the within mentioned sum of Rs.__________/- (Rupees _______________________) only as per the memo below:
SL. NO. MODE OF PAYMENT AMOUNT
Rupees ______________________ only
____________________________________
[VENDOR]
[VENDOR]
W I T N E S S E S:
1. Signature: __________________________
Name:
2. Signature: __________________________
Name:
Name:
Drafted by:
Advocate
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