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The Agreement to Sell and Purchase is a fundamental document in Indian property transactions, serving as a crucial intermediate step before the execution of the final sale deed. This agreement is commonly used when there is a time gap between the initial agreement and the final property transfer, often due to pending payments, documentation requirements, or statutory clearances. It creates a contractual obligation for the seller to transfer the property to the purchaser under specified terms and conditions, while also binding the purchaser to complete the purchase. The document must comply with the Transfer of Property Act, 1882, the Indian Contract Act, 1872, and other relevant Indian property laws. It typically includes detailed property descriptions, payment schedules, warranties about title, provisions for handling defaults, and completion obligations. This agreement is particularly important in India as it provides legal recourse under the Specific Relief Act, 1963, if either party fails to perform their obligations.

1. Parties: Details of the seller and purchaser including names, addresses, and legal capacity

2. Background/Recitals: Context of the agreement and brief description of the transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property being sold

5. Sale Consideration: Purchase price and payment terms

6. Payment Terms: Detailed structure of payments including earnest money, installments, and final payment

7. Seller's Representations and Warranties: Declarations regarding title, encumbrances, legal compliance, and property condition

8. Purchaser's Representations and Warranties: Declarations regarding financial capacity and compliance requirements

9. Conditions Precedent: Conditions that must be fulfilled before completion

10. Completion Obligations: Actions required by both parties at the time of completion

11. Title Documents and Transfer: Process of title transfer and documentation requirements

12. Possession: Terms and conditions for handing over possession

13. Default and Consequences: Remedies and consequences in case of breach

14. Indemnification: Mutual indemnification clauses

15. Notices: Process and addresses for serving notices

16. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

17. General Provisions: Standard boilerplate clauses including amendments, waiver, and severability