1. Parties: Identification of the seller (vendor) and buyer (purchaser)
2. Property Description: Detailed description of the property being sold.
3. Consideration Amount: Sale price or consideration amount paid by the buyer to the seller.
4. Payment Terms: Schedule of payments, including deposit, installments, and final payment.
5. Transfer of Ownership: Clear statement of transfer of ownership from seller to buyer.
6. Title and Interest: Seller's title and interest in the property, ensuring they have the right to sell.
7. Warranties and Covenants: Seller's promises regarding property condition, usage, and any restrictions.
8. Possession: Transfer of possession from seller to buyer, including date and time.
9. Liabilities and Encumbrances: Disclosure of any outstanding liabilities, loans, or encumbrances on the property.
10. Signatures and Witnesses: Signatures of both parties, witnessed by at least two individuals.
11. Registration: Registration details, including date, place, and registration number.
12. Stamp Duty: Payment of required stamp duty, as per local laws.

1. Proof of Ownership: A Sale Deed serves as conclusive evidence of ownership transfer from the seller to the buyer.
2. Legal Validation: It validates the sale transaction, ensuring it's legally binding and enforceable.
3. Transfer of Title: The Sale Deed transfers the title of the property from the seller to the buyer, ensuring the buyer's rights.
4. Protection from Disputes: A registered Sale Deed helps resolve disputes, as it's a government-recognized document.
5. Financing and Loans: A Sale Deed is required for mortgage or loan applications, as lenders need proof of ownership.
6. Government Records: Registration of the Sale Deed updates government records, reflecting the buyer as the new owner.
7. Taxation: A Sale Deed is required for tax purposes, such as payment of stamp duty and capital gains tax.
8. Inheritance and Succession: A Sale Deed helps establish clear ownership, making it easier to transfer property during inheritance or succession.
9. Court Evidence: A registered Sale Deed serves as strong evidence in court, in case of disputes or litigation.
10. Peace of Mind: Having a registered Sale Deed provides assurance and peace of mind, knowing the property ownership is secure.
11. Proof of Ownership: To serve as proof of ownership and transfer of title from the seller to the buyer.
12. Taxation: To calculate and pay stamp duty, capital gains tax, and other taxes.
13. Security: To provide security and assurance to the buyer about their ownership rights.

According to the transfer of property Act 1882, Sale Deed is valid only if registered.

Benefits:-

1. Legal validity
2. Public record
3. Proof of ownership
4. Protection from disputes
5. Government recognition

Yes, registration of a Sale Deed is mandatory in Maharashtra, India. According to the Registration Act, 1908, and the Maharashtra Registration Rules, 1961, all Sale Deeds relating to immovable properties must be registered with the Sub-Registrar's office.

Sale Deed is deemed to be invalid if it is not registered. But on the basis of peaceful possession for the long term, ownership in the property is deemed to be valid. In your case, this is considered to be an evasion of stamp duty. If any time any question would arise, to get the Sale Deed registered, you may have to pay the required stamp duty as per the present value.

In Maharashtra, a minor (a person under the age of 18) can be a buyer (purchaser) in an Sale Deed, but with certain conditions:

1. Guardian's consent: The minor's guardian (natural or appointed) must consent to the agreement.
2. Court approval: The agreement must be approved by the court, typically the District Court or High Court.
3. Registration: The agreement must be registered, as registration is mandatory for minors.

Yes, stamp duty is payable on Sale Deed in Maharashtra, as per the Maharashtra Stamp Act, 1958. The stamp duty is calculated which is more than the Ready Reckoner market value or consideration amount (sale value) mentioned in the agreement.

In India, the buyer is liable to pay stamp duty whenever any immovable property is transferred. The amount of stamp duty payable depends on the state in which the property is situated as well as the value of the property.

Similarly, when an Sale Deed is executed, stamp duty is also payable on it. The amount of stamp duty payable on an Sale Deed depends on various factors such as the property’s value or Consideration Amount, the nature of the transaction. (Sale/Purchase/Exchange/Lease), etc.

The party who executes the Sale Deed is liable to pay stamp duty. In most cases, the buyer pays stamp duty on an Sale Deed . However, there are some instances where the seller may also be liable to pay stamp duty.

Stamp Duty is applicable on various documents, including Property Sale Deed s and Leave and License (rental) agreements, among others. The Stamp Duty in Maharashtra is usually in the range of 4-7% of the consideration value mentioned in the document.

There are four charges in deed. (Defend on property location)

1) Stamp Duty -

Stamp Duty is decided by sale value or market value of property whichever is higher. Stamp Duty is some per percentage of sale value or market value whichever is higher.

As per Article 25 (b) of the Maharashtra Stamp Act:

(i)within the limits of any municipal Corporation or any cantonment area annexed to it or any urban area not mentioned in sub clause (ii)	5%
(ii) within the limits of any Municipal council or Nagar Panchayat or Cantonment area annexed to it, or any rural area within the limits of the Mumbai Metropolitan Region Development Authority, or the Influence Areas as per the annual statement of rates published under the Bombay Stamp (Determination of True Market Value of Property)Rules,1995.	5%
(iii) within the limits of any Gram Panchayat area or any such area not mentioned in sub-clause (ii).	4%

Reduction of 1 % of stamp duty for women under Article 25(b)

As per Order R & FD No Mudrank-2021/UOR/UOR12/CR.107/M-1 (Policy) dated 31st March 2021, Maharashtra Government reduced the stamp duty from 1st of April 2021 by one percent as otherwise chargeable under clause (b) of Article 25 of Schedule-1, on the document or instrument of conveyance or agreement to sell of any type of residential unit i.e the flat or individual bungalow or row houses or any residential house or any independent house or any type of tenement executed or being execute between “the women/women purchaser/s and any seller or other executant of the said document or instrument.

2) State Cess -

1. Local Body Tax (LBT) - Local Body Tax (LBT) of 1% is applicable on registration in Maharashtra
2. Metro Cess - Metro Cess of 1% is a tax levied by the Maharashtra government on the registration of property. only in Metro City i.e. Mumbai, Pune, Pimpri Chinchwad, Nagpur, Thane It was introduced in 2019 to fund the development of metro rail projects in Maharashtra.

3) Registration Fees -

Registration fees is also a variable of sale value upto certain limit then it is fix for all value above certain limit.
Note: registration value if 1% of sale value or 30,000/- whichever if higher.

4) Document Handling Charges (DHC) Fees -

online through collected Sub Registrar office for document handling, for every page of the document, a fee of Rs. 20/- is applicable.

Yes, Provided also that where proper stamp duty is paid on a registered agreement to sell an immovable property, treating it as a deemed conveyance and subsequently a conveyance deed is executed without any modification then such a conveyance shall be treated as other instrument under section 4 and the duty of one hundred rupees shall be charged.

LBT is a tax levied by local authorities (municipal corporations or councils) on the transfer of property.

Local Body Tax (LBT) of 1% is applicable on registration in Maharashtra of documents, including:

1. Agreement of Sale/Agreement to Sell
2. Conveyance Deed
3. Gift Deed
4. Exchange Deed
5. Partition Deed

Metro Cess is a tax levied by the Maharashtra government on the registration of property transactions, including Agreement of Sale/Agreement to Sell, Conveyance Deed, Gift Deed, and other documents. It was introduced in 2019 to fund the development of metro rail projects in Maharashtra.

Metro Cess is charged at a rate of 1% of the consideration amount (sale value) on the registration of documents.

Yes, an Sale Deed can be cancelled under certain circumstances:

1. Mutual Consent: Both buyer and seller agree to cancel the Sale Deed.
2. Defect in Title: If the seller doesn't have clear ownership or there's a defect in the title.
3. Non-Payment: If the buyer fails to pay the consideration amount.
4. Breach of Conditions: If either party breaches the conditions mentioned in the Sale Deed.
5. Fraud or Misrepresentation: If the sale is induced by fraud or misrepresentation.
6. Fraud or Misrepresentation: If the sale is induced by fraud or misrepresentation.
7. Rescission: If the buyer wants to cancel the sale due to a significant change in circumstances.

the registered document can be cancelled only by order of the court it cannot be cancelled unilaterally. If cancelled through court or agreement between parties then it would be valid. See if done unilateral court won't validate same , rest. the document need to be pursued.

Yes, an Sale Deed can be revoked in Maharashtra under certain circumstances:

1. Notice: The party seeking revocation must serve a notice to the other party.
2. Filing a Suit: If the dispute can't be resolved, a suit can be filed in court.
3. Court Order: The court may order revocation of the Sale Deed if grounds are established.

Time limit for revocation: - 3 years: From the date of registration of the Sale Deed (Section 31, Specific Relief Act, 1963)

No Refund

More information regarding click here to Refund of Stamp Duty

According to Sec. 54 of the Transfer of Property Act, 1882, 'sale' is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. If a sale deed is executed without payment of price, it is not a sale. It is of no legal effect.

A civil court can cancel a sale deed under Specific Relief Act: HC. A duly signed sale deed may be cancelled by a civil court at the insistence of the seller, as prescribed under Section 31 of the Specific Relief Act, the HC has ruled.

A sale deed is made on a non-judicial stamp paper. It is governed by the Registration Act 1908. These parties are also referred to as the 'Vendor ' and 'Vendee' in legal documents.

Note that the legal heirs have every right to object to the transfer and make the sale invalid, provided the same is filed under the limitation period, i.e. within three years from the date the legal heirs of B becoming aware of the same.

Under the Limitation Act, 1963, any person in possession of private land for over 12 years or government land for over 30 years can become the owner of that property, as laid down in Articles 64, 65, 111, or 112 of the 1963 Act, relating to suits for possession of immovable property.

A civil suit for an injunction can be filed. The prayer is made to the Court for restraining the party from the disposal of the property. The actual owner can file a civil lawsuit for declaration and possession. The Court may state him the owner and pass the control of the property to him.

The tax implications of an Sale Deed in India are:

1. Stamp Duty: Payable on the Sale Deed, varying by state (typically 2-5% of the property value).
2. Registration Fees: Payable on registration of the Sale Deed (typically 1% of the property value).
3. Capital Gains Tax: Payable by the seller on profit from the sale (short-term or long-term capital gains).
4. Income Tax: Payable by the buyer on any income generated from the property (rental income).
5. Wealth Tax: Payable by the buyer on the property's value (if applicable).
6. Goods and Services Tax (GST): Payable on new constructions or redevelopment projects.
7. TDS (Tax Deducted at Source): Applicable on sale of properties worth ₹50 lakhs or more (1% TDS).

Tax benefits:

1. Exemption from Capital Gains Tax: Available under Section 54 (residential properties) and Section 54EC (investing in specified bonds).
2. Deductions: Available under Section 80C (stamp duty and registration fees) and Section 24 (interest on home loans).

(Please consult a tax professional or chartered accountant to ensure compliance with tax laws and regulations, as they are subject to change.)

The buyer keeps the original copy of sale Deed.

Typically registered within 4-7 working days

The process involves:

1. Valuation of the Property
2. Prepare the agreement document
3. Signing by both parties
4. Pay stamp duty (as applicable)
5. Submit the document to the Sub-Registrar's office
6. Sign in the presence of the Sub-Registrar
7. Receive the registered document

Shivay Services provides the best services to make a sale deed. All you have to do is provide your contact number and information, consult with our expert ,provide relevant documents and get it done.

A title search is a search which gives answer to the question if the owner is really a legal owner of the property and if there are any outstanding claims on the property. This can be done by going through records of property at sub registrar’s office.

If a property has encumbrance on it like mortgage deed or other claim on property then it is known as title defect.

When a property is sold and ownership passes from one owner to other on more than one occasion then title of the property creates a chain of ownership which is called chain of title.

An encumbrance is a thing which creates difficulty in transfer of property from one owner to other for example outstanding mortgages, liens on real estate, unpaid property taxes etc.

Sub registrar’s offices are divided according to regions and specific jurisdiction is allotted to specific office to handle property registrations in that area.

Encumbrances:
An encumbrance is a thing which creates difficulty in transfer of property registration details from one owner to other for example outstanding mortgages, liens on real estate, unpaid property taxes etc.A buyer must check for any encumbrances on the property before buying and should get the property cleared from any encumbrances. This can be checked at the sub registrar’s office within whose jurisdiction the property comes.
Chain of Documents:

Any buyer should check for all the chain of documents before buying a property. Chain of documents are the documents which specify when and how the property has been transferred from one owner to other.
Payment of Dues:

Any property should be free from any dues like property taxes, electricity bills, water bills etc. It is the responsibility of the buyer to check this before registering the property.

Preparation of Deed:
A draft of the deed(Sale Deed, Lease Deed, Correction Deed etc.) that needs to be executed must be prepared on which the details of all the parties involved and the property involved along with terms and conditions must be mentioned clearly before registering the deed.

Stamp duty calculation:
Stamp duty is the fees charged by the government and it varies from state to state. Stamp duty is calculated on the basis of market value of the property involved.

Govt. Payment:
The registration fee and stamp Duty, DHC charges must be paid before the time of registration.

• Signing of Sale Deed:
Both the parties and the recipient must sign the Sale Deed in the presence of two witnesses.

Registration of Sale Deed :
The deed must be registered with the Sub-Registrar of Assurances within four months from the date of execution.

A) For Government Valuation

1. All Index 2/ 7/12 extract / Property Card
2. Parking Letter (if allotted Covered/open Parking)
3. Building Completion Certificate OR Electricity Bill

B) Registration

i) Agricultural Property

1. Chain of Document - all previous registered Documents with index 2 & Registration Receipt.
2. Search Title Report
3. 7/12 extract
4. Ferfar
5. Zone Certificate
6. Donor & Donee ID card - Aadhar Card & PAN card
7. 2 Witnesses - Aadhar Card & PAN card
8. 2 Identifiers - Aadhar Card & PAN card
9. All Parties Photo - 2 Nos.
10. All Parties Mobile No. & Email ID

ii) Residential Property (House/Flat)

• Flat/Raw house/Shop/Office First Sale Documents List:-
  • All title documents of land owner, Joint development agreement, GPA, & Sharing/supplementary Agreement, between land owner and builder, Power of Attorney if any, Search Title Report (Master File)
  • 7/12 extract or RTC (Records of Rights and Tenancy Corps)
  • Na Order
  • Building Plan copy sanctioned by the Statutory Authority
  • Commencement Certificate
  • Rera Certificate
  • Purchaser/Seller/Witness-2, Identifier-2 ID card
  • Photo-2
  • Power of Attorney (if available)
• Flat/Raw house/Shop/Office Resale Documents List:-
  1. Chain of Document -
     • Builder To 1st Owner, 1st Owner To Present Seller, All Registered Document With Index 2, Registration payment of Receipt.
     • A Copy of all registered previous agreements
  2. Search Title Report
  3. 7/12 extract / Property Card (for House/Row house/Bungalow)
  4. Ferfar (for House/Row house/Bungalow)
  5. Zone Certificate (for House/Row house/Bungalow)
  6. Non-Agricultural (NA) Order
  7. Building Plan copy sanctioned by the Statutory Authority
  8. Commencement Certificate
  9. RERA Certificate (After 2017 Construction)
  10. Completion Certificate
  11. Society Conveyance Deed
  12. Society Registration Certificate
  13. Society Share Certificate
  14. Society No Dues Certificate (for bank)
  15. Society No Objection Certificate (for bank)
  16. Electricity Bill
  17. Property Tax Receipt
  18. Property Tax No Dues Certificate
  19. Possession Letter from the Builder
  20. Parking Letter from the Builder/Co-Operative Society/Housing Board/BDA.
  21. If any loan on the property (Current or past) / Original Property Documents with Bank
  22. Seller (Vendor) & Buyer (Purchaser) id card - Addhar Card & Pan card
  23. 2 Witnesses - Aadhar Card & PAN card
  24. 2 Identifiers - Aadhar Card & PAN card
  25. All Parties Photo - 2 Nos.
  26. All Parties Mobile No. & Email ID
  27. Power of Attorney (if available)

C) If Seller Death Case:-

1. Legal Heirs Affidavit
2. Legal Heirs Affidavit
3. Will Deed if not Legal Heirs Certificate