The essential elements of an Agreement of Sale/Agreement to Sell include:

1. Parties: Identification of the seller (vendor) and buyer (purchaser)
2. Property Description: Detailed description of the property being sold.
3. Sale Price: Clearly stated purchase price and payment terms.
4. Payment Terms: Schedule of payments, including deposit, installments, and final payment.
5. Completion Date: Date for possession handover and transfer of ownership.
6. Conditions Precedent: Requirements that must be fulfilled before the agreement becomes binding.
7. Warranties and Representations: Promises made by the seller about the property's condition or features.
8. Covenants: Agreements or promises made by the seller or buyer, enforceable by law.
9. Termination Clause: Conditions under which the agreement can be canceled.
10. Signatures:Signatures of both parties, witnessed by at least two individuals.
11. Date: Date of agreement execution.
12. Consideration: Something of value exchanged between parties (usually money).
13. Intention to Sell: Clear intention of the seller to transfer ownership.
14. Intention to Buy: Clear intention of the buyer to purchase the property.
15. Legal Compliance: Compliance with relevant laws and regulations.

The contract specifies the terms under which the title of the property concerned will be transferred. The Transfer of Property Act, 1882 (TPA) is the Central legislation regulating the sale, lease, mortgage, and gift matters. Section 54 has defined an agreement to sell as ‘A contract for the sale of immovable property stating that the sale of the concerned property will take place as per the terms mutually agreed upon by both parties.

An Agreement to Sell a contract is crucial because it legally binds the parties involved in the sale of a property. This contract outlines the terms and conditions of the sale, including the price, date of sale, and any contingencies that must be met before the sale is finalized. The agreement also protects both buyers and sellers from fraud or misrepresentation by clearly stating all material facts about the property. Lastly, this contract can be used as evidence in court if there are any disputes between the parties after the sale has been completed and the Agreement is registered.

Problem Example: - Seller side After Deal:-

1. Seller increase deal amount after token amount received.
2. Impose on buyer self-made terms and conditions unlawful.
3. Received token amount then refused or delay to registration.
4. Seller hides mortgage property details
5. Seller death his heirs hide legal heir's name & rights
6. Property tax, Bills, Society maintenance not pay due amount
7. Seller not provide required document to completion registration process.

Seller not provide required document to completion registration process.

1. Buyer CIBIL problem
2. Home Loan bank refused to legal ground approval after submission document

The document cannot be processed. Minimal documents are required for all parties (landlord, tenant, and two witnesses): 1) Aadhaar Number/Card, 2) PAN (Permanent Account Number).

e-Registration module is developed by the Department of Stamps and Registration, Maharashtra Government. It provides the facility of online registration of Leave and License/Rent Agreements. All activities can be performed from anywhere, anytime. e-Registration allows a person to complete the registration process ONLINE without physically visiting the Sub Registrar Office (SRO).

Yes, as per the Maharashtra Stamp Act of 1958 and Indian Registration Act of 1908, evading stamp duty is an offence. Such documents can be impounded, and defaulters can be penalized. The Maharashtra Rent Control Act of 1999 also dictates that leave and license agreements must be registered. If you fail to do so, and a licensee refuses to vacate your premises, you cannot legally ask for damages or insist that they leave.

One-time payment will be accepted at the scheduled time when our executive visits your place for biometric verification. We accept Cash, Net-Banking, and Google Pay.

KYC biometric verification is done on the Aadhaar server. If the owner or tenant's Aadhaar authentication fails, the process will be canceled. For individuals above 60 or with medical issues, fingerprints may not be captured or verified on the Aadhaar server, and the process will be canceled. No refund will be provided after government and ASP charges are paid. We can provide an e-challan for offline processing.

Both parties must verify their information and property details before submission. After submission, no corrections can be made. If any issues arise after submission, the process must be repeated, and charges will apply.

No, after registration, tenants cannot be added or removed. In such cases, the old document must be canceled, and a fresh registration process must be initiated. Fresh charges will apply.

It is much cheaper than offline registration! You can check the calculator on this page to get the total amount, including the official stamp duty you need to pay.

No, you get doorstep or ASP office service for Rent Agreement Registration. Your agreement is registered in front of you, at a time and place of your choosing. Prepared Document - 0.45 to 1.30 Hrs., Not Prepared - 2.00 to 2.30 Hrs. Extra time depends on the government server.

If the citizen is unable to make an e-payment, Shivay Services will pay the amount on their behalf and provide a receipt of the Stamp Duty & Registration Fee in soft format (and later in physical format).

For biometric verification, the owner, tenant, and 2 witnesses must be present in Maharashtra. If the owner is not in Maharashtra, the process cannot be completed unless the owner has given Power of Attorney to someone or purchased a biometric device for registration.

We can visit them separately if they are in different cities. If they are in different countries, you can call us for detailed guidance. Separate visits may incur additional charges depending on the location.

For properties in city police areas, owners do not need to submit tenant information forms to the local police station. The Government of Maharashtra IGR Department and City Police Pune have developed an online system for tenant verification. If you want a hard copy with a police station seal and signature, additional charges may apply.

Yes, the online rent agreement is acceptable everywhere as address proof.

Online rent agreements can only be done using the government's standard draft. If you want to register your own draft, you must do it offline. We can assist with this process.

Yes, all concerned parties must have Aadhaar and be present at the time of document execution.

Any person who has an Aadhaar card and is 18+ can become a witness. Family members can also be witnesses. Both witnesses must have an Aadhaar card number and be available at the time of e-registration.