Sale Deed

A Sale Deed in Delhi is a crucial legal document that formalizes the transfer of ownership of a property from the seller (vendor) to the buyer (vendee). It serves as the primary evidence of the sale and contains all the details of the transaction. Registration of the Sale Deed is compulsory under the Registration Act, 1908, to provide legal validity to the transfer of ownership.

Key Elements of a Sale Deed:

A comprehensive Sale Deed in Delhi typically includes the following information:

• Details of the Parties: Names, addresses, and identification details (like PAN, Aadhaar) of both the seller and the buyer.

• Description of the Property: A detailed description of the property being sold, including its address, area, boundaries, survey numbers, and any structures on it.

• Ownership History: A brief history of the seller's ownership of the property, establishing their clear title and right to sell.

• Sale Consideration: The agreed-upon price for the property.

• Payment Terms: Details of how the payment will be made (e.g., advance, installments).

• Transfer of Title: A clear statement that the seller is transferring absolute ownership of the property to the buyer.

• Delivery of Possession: The date on which the physical possession of the property will be handed over to the buyer.

• Encumbrances: A declaration from the seller stating whether the property is free from any mortgages, liens, charges, or legal dues.

• Indemnity Clause: A clause where the seller agrees to indemnify the buyer against any future claims or disputes regarding the property's title.

• Rights Transferred: Details of the rights being transferred to the buyer, such as the right to use, enjoy, sell, or lease the property.

• Witnesses: Signatures and details of at least two witnesses who were present during the execution of the deed.

• Execution Date and Place: The date and place where the Sale Deed is signed.

• Schedule of Property: A detailed schedule describing the property with its boundaries.

Procedure for Registering a Sale Deed in Delhi:

The registration of a Sale Deed in Delhi must be done at the Office of the Sub-Registrar in whose jurisdiction the property is located. The general procedure involves:

• Drafting the Sale Deed: Prepare the Sale Deed with the help of a lawyer or a deed writer. Ensure all terms and conditions of the sale are clearly mentioned. Online deed writing services are available on the Delhi Online Registration Information System (DORIS) portal.

• Payment of Stamp Duty and Registration Fees: You need to pay the applicable stamp duty and registration fees before presenting the deed for registration.

• Stamp Duty: In Delhi, the stamp duty on a Sale Deed depends on the gender of the buyer:

  1. Male: 6% of the consideration amount or the circle rate of the property.

  2. Female: 4% of the consideration amount or the circle rate.

  3. Joint (Male & Female): 5% of the consideration amount or the circle rate.

  4. In NDMC areas, there are slightly different rates: 5.5% for males, 3.5% for females, and 4.5% for joint ownership. In Delhi Cantonment Board areas, the stamp duty is 3% for all genders.

  5. The stamp duty is paid through e-stamp paper, available from authorized vendors or online via the Stock Holding Corporation of India Limited website.

  6. Registration Fee: The registration fee is 1% of the total value of the Sale Deed, along with a ₹100 pasting charge, irrespective of the buyer's gender.

• Schedule an Appointment: Book an online appointment at the Sub-Registrar's office through the DORIS portal (https://doris.delhigovt.nic.in/). All Sub-Registrar offices in Delhi have migrated to the National Generic Document Registration System (NGDRS) portal, so use the relevant platform.

• Visit the Sub-Registrar's Office: On the appointed date and time, the buyer, seller, and two witnesses must be present at the Sub-Registrar's office with the following original documents and their photocopies:

  1. Original Sale Deed on stamp paper.

  2. Proof of identity and address of buyer, seller, and witnesses (Aadhaar card, Pan card, passport, voter ID, etc.).

  3. Original title documents of the property.

  4. Encumbrance Certificate (EC) to ensure the property is free from any legal dues.

  5. Latest property tax receipts.

  6. Payment receipts for stamp duty and registration fees.

  7. Passport-sized photographs of the buyer and seller.

  8. PAN cards of the buyer and seller.

  9. No Objection Certificate (NOC) from relevant authorities if applicable (e.g., for certain types of properties or transactions).

• Verification and Biometric Authentication: The Sub-Registrar will verify the identities of the parties and the documents presented. Biometric impressions (fingerprints) and photographs of the buyer and seller will be taken.

• Signing the Deed: The buyer, seller, and witnesses will sign the Sale Deed in the presence of the Sub-Registrar.

• Registration: After being satisfied, the Sub-Registrar will register the Sale Deed and provide a receipt with a registration number.

• Collection of Registered Deed: The registered Sale Deed can be collected from the Sub-Registrar's office after a few days (usually around 15 days) upon presenting the receipt.

Importance of Registration:

Registration of the Sale Deed is essential as it provides conclusive proof of ownership and makes the transaction a matter of public record. An unregistered Sale Deed does not confer any title and is not admissible as evidence in court.

By following this procedure, you can legally complete the sale and purchase of property in Delhi. It is always advisable to seek legal counsel to ensure all formalities are correctly followed and your interests are protected.

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