16 Things to Keep in Mind While Registering a Sale Deed
16 Things to Keep in Mind While Registering a Sale Deed
A sale deed is a document executed to transfer the ownership of a property from one person to another in exchange for a price. The sale deed must be written on stamped paper and registered at the relevant registration office in the presence of witnesses.
1. Seller's Details: Ensure that the name, initials, and identification details (like ID card) of the seller are correctly mentioned in the deed, matching the previous documents such as patta (land deed), electricity connection, previous deeds, and other relevant documents.
2. Seller's Address: Verify that the address in the seller's previous purchase deed matches the current address. If different, include both addresses in the current sale deed.
3. Buyer's Details: Ensure that the buyer's name, initials, and address match their identification documents and are error-free.
4. Source of Property: Verify how the seller acquired the property:
- Purchased from another person
- Inherited from parents or family through settlement, partition, or release deeds
- Received through a will or donation
- Acquired through public auction or court orders
- Passed down through ancestral patta
The seller should clearly state the source of the property with relevant document details.
5. Chain of Ownership: Not only should the seller's acquisition be documented, but the chain of previous ownership should also be verified and mentioned in the current sale deed, including all link documents.
6. Transaction Amount: Clearly specify the agreed sale amount. Mention the payment details, including the amount given during the agreement, paid by cheque, transferred through the bank, and any cash payments.
7. Assurances from Seller: The seller should provide assurances against:
- Gifts, mortgages, previous sales, previous agreements, wills, settlements, court or collateral security, revenue attachments, and minor encumbrances.
- Unregistered documents claiming the property
- Property seizure, mortgage, loans from government or private entities, and any other claims or legal cases.
- Government land acquisition notices, land ceiling regulations, and compliance with Section 47(a) of the Registration Act.
- Any other undisclosed encumbrances.
The seller must guarantee that there are no encumbrances as mentioned above.
8. Government Taxes and Original Documents: The seller must confirm that all government taxes related to the property are paid and that they have handed over all original documents. They should also agree to rectify any errors or provide any additional documents related to the property in the future without expecting further compensation.
9. Property Description: Clearly describe the property, including district, taluk (sub-district), village, field number, street, and door number, if any. Mention the electricity connection number, patta number, new survey number, old survey number, and patta survey number accurately.
10. Property Dimensions: Mention the property dimensions in traditional units, British units, and metric units. Providing the dimensions in metric units can be helpful for patta transfer.
11. Surrounding Properties: Identify and describe the properties on all four sides of the property without errors. Clearly mention the length and width of the property on all sides.
12. Signatures on All Pages: Ensure the seller has signed all pages of the deed. Verify the signatures and addresses of the witnesses from the seller’s side.
13. Required Documents: Attach the necessary documents such as patta, map, and ID copies with the sale deed, ensuring the seller has signed these documents.
14. Stamp Papers and Fees: Verify that the correct stamp papers have been used, and the registration fee (DD) is accurately prepared. Ensure that the document writer or lawyer has signed the deed.
By following these guidelines, you can ensure a smooth and legally compliant process for registering a sale deed.