16 Things to Consider When Registering a Sale Deed!
16 Things to Consider When Registering a Sale Deed!
A sale deed is a document executed to transfer ownership of a property from one person to another for a price. This sale deed is written on stamp papers and registered in the presence of witnesses at the sub-registrar's office.
1. Verify that the seller's name and initials, their identification card, patta (land ownership certificate), electricity connection, previous sale deed, and other documents are accurately written in the sale deed.
2. Ensure that the seller’s current address and the address in the previous sale deed match. If the addresses differ, both addresses should be mentioned in the current sale deed.
3. The buyer's name, initials, and address should match their identification card and be error-free.
4. How the seller acquired the property should be clearly mentioned, including:
- Purchase from another person.
- Inheritance, settlement, partition deed, or release deed from parents or family.
- Will or donation.
- Public auction or court orders.
- Ancestral patta.
- The document number and details should clarify how the seller received the property.
5. The sale deed should not only state how the seller received the property but also trace the previous owners and the origin of the property through all linked documents.
6. The sale amount agreed upon should be clearly mentioned, including:
- Amount paid during the agreement.
- Amount paid by cheque.
- Amount paid through bank transactions.
- Amount paid in cash.
7. The seller should provide assurances to the buyer regarding:
- No gift deed.
- No mortgage.
- No prior sale or agreement.
- No will or settlement deed.
- No court or collateral security.
- No revenue attachment.
- No succession issues.
- No minor claims.
- No unregistered documents.
- No property seizure.
- No property surety.
- No government loans for settlement.
- No bank loans.
- No private loans.
- No disputes on inheritance rights.
- No civil or criminal cases.
- No government land acquisition.
- No land restrictions.
- No government land acquisition notices.
- No land ceiling restrictions.
- No property under Section 47(a) of the Registration Act.
- No other undisclosed encumbrances.
8. The seller should confirm that all government taxes have been paid and original documents related to the property have been handed over. They should also assure that if any errors or additional documents are needed in the future, they will provide them without expecting anything in return.
9. The property details should be very clear, including district, taluk, village, survey number, etc. If there is a street or door number, it should be mentioned. If there is an electricity connection, the number should be included. The patta number, new survey number, old survey number, and patta survey number should be written clearly.
10. The property size should be mentioned in both customary measurement units and metric units for clarity. Metric measurements are useful for patta transfer.
11. Identify and record the properties on all four sides of the sale property accurately, along with the length and width measurements.
12. Ensure that the seller has signed on all pages of the document.
13. Verify that the witnesses from the seller’s side have signed with their names and addresses.
14. Check that the necessary patta, map, and ID card copies are attached to the document and that the seller has signed on them.
15. Make sure that the stamp papers are correctly purchased, the registration fee is paid by demand draft, and the document writer or lawyer has signed the document.
16. Verify that all aspects of the document and the registration process adhere to legal requirements and are executed properly to ensure the validity and security of the property transaction.