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The Agreement To Sell Real Estate Contract is a fundamental document in Indian property transactions, serving as a precursor to the final sale deed. This document is typically used when parties have agreed on the basic terms of a property sale but need time to complete various prerequisites, such as payment arrangements, title clearance, or statutory approvals. The agreement, governed by Indian contract and property laws, creates mutual obligations and establishes a framework for the eventual property transfer. It includes comprehensive details about the property, parties involved, financial terms, warranties, and conditions precedent. This type of agreement is particularly important in the Indian context as it provides legal recourse under the Specific Relief Act, 1963, and protects both parties' interests during the interim period before the final sale.

1. Parties: Identifies and provides full details of the seller and purchaser, including names, addresses, and legal capacity

2. Background: Outlines the context of the agreement, including brief property description and seller's ownership rights

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Details: Comprehensive description of the property being sold, including location, boundaries, and registration details

5. Purchase Price: Specifies the agreed purchase price and payment terms, including earnest money deposit and payment schedule

6. Payment Terms: Details the method, timing, and conditions of payment, including installment structure if applicable

7. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, legal compliance, and other material facts

8. Purchaser's Representations and Warranties: Purchaser's declarations regarding legal capacity and financial ability to complete the transaction

9. Conditions Precedent: Conditions that must be satisfied before the sale can be completed

10. Covenants: Ongoing obligations of both parties until completion of the sale

11. Completion: Details of the closing process, including timing, documentation, and handover procedures

12. Default and Remedies: Consequences of breach and available remedies to either party

13. Notices: Process and addresses for serving formal notices under the agreement

14. Governing Law and Jurisdiction: Specifies applicable law and courts having jurisdiction over disputes

15. Execution: Signature blocks and execution formalities