The Court ruled that sale agreements, where possession is transferred or agreed to be transferred, must be considered conveyances and are liable for stamp duty and registration as per Article 25 of the Maharashtra Stamp Act, 1958.
In Maharashtra, a Sale Deed must be registered compulsorily. Registration involves the payment of stamp duty and registration fees, and the deed is registered with the Sub-Registrar of Assurances.
Transfer of Property Act, 1882 The absolute rights cannot be transferred until and unless there are original documents where the buyer's name will be registered, so selling a property without the original Sale Deed and deed registration is not allowed.
The Agreement of Sale includes terms, conditions, and contingencies, while the Sale Deed includes property details, ownership transfer, and encumbrances. While the norms concerning the registration of agreements of sale differ across states, it is mandatory to register a sale deed.
When buying or selling property in Mumbai, Pune, Thane, Nashik & other cities of Maharashtra, a sale deed is an essential document that must be created to formalize the transaction. A sale deed is a legal document that establishes the transfer of ownership from the seller to the buyer.
Unlike an agreement for sale, which only indicates a willingness for future transactions, a sale deed is executed on the actual day the property is sold or transferred. Once the sale deed is executed, the buyer obtains complete ownership of the property.
To write a simple contract, title it clearly, identify all parties and specify terms (services or payments). Include an offer, acceptance, consideration, and intent. Add a signature and date for enforceability. Written contracts reduce disputes and offer better legal security than verbal ones.
What is the agreement to sell property in India? The contract of sale of property in India is a legal and formal agreement between a buyer and seller stipulating all the terms and conditions to be followed at the time of transferring ownership of a property to a buyer as decided in the given contract.