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Conditional Deed Of Sale Template for India

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Key Requirements PROMPT example:

Conditional Deed Of Sale

"I need a Conditional Deed of Sale for the purchase of a commercial warehouse property in Mumbai for INR 5 crore, where completion is subject to obtaining municipal approvals by March 2025 and payment will be made in three installments."

Document background
The Conditional Deed of Sale is a crucial legal instrument in Indian property transactions where the sale completion is dependent on fulfilling certain conditions. This document is commonly used when parties agree to a property transfer but need to ensure specific requirements are met before the sale is finalized, such as obtaining regulatory approvals, clearing encumbrances, or completing payments in installments. The deed must comply with Indian legal requirements, including those under the Transfer of Property Act 1882, Indian Contract Act 1872, and Registration Act 1908. It protects both parties' interests by clearly defining the conditions precedent, payment terms, timelines, and consequences of condition fulfillment or failure. The Conditional Deed of Sale is particularly useful in complex property transactions where immediate transfer is not feasible or desirable, providing a legally secure framework for the eventual property transfer.
Suggested Sections

1. Parties: Details of the vendor/seller and purchaser/buyer including names, addresses, and legal status

2. Background/Recitals: Context of the transaction, vendor's ownership rights, and reason for sale

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

4. Property Description: Brief description of the property being sold (detailed description in Schedule)

5. Consideration: Purchase price, payment terms, and payment schedule

6. Conditions Precedent: Specific conditions that must be fulfilled before the sale becomes effective

7. Vendor's Representations and Warranties: Declarations regarding property title, encumbrances, and legal status

8. Purchaser's Representations and Warranties: Declarations regarding capacity to purchase and compliance with laws

9. Completion: Process and timeline for completing the sale once conditions are met

10. Title Deeds and Documents: List of documents to be handed over upon completion

11. Expenses and Stamp Duty: Allocation of expenses, stamp duty, and registration costs

12. Notices: Process for serving notices between parties

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

14. Execution: Signing and witnessing requirements

Optional Sections

1. Mortgage Details: Include when property has existing mortgage that needs to be discharged

2. Third Party Rights: Include when there are existing tenants or other third-party interests

3. Power of Attorney: Include when either party is acting through an authorized representative

4. Force Majeure: Include when specific events beyond parties' control need to be addressed

5. Assignment: Include when transfer of rights under the deed needs to be restricted/permitted

6. Indemnification: Include when specific indemnities are required beyond standard warranties

7. Survival: Include when certain provisions need to survive completion

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description including boundaries, measurements, and registration details

2. Schedule 2 - Conditions Precedent: Detailed list of conditions to be satisfied before completion

3. Schedule 3 - Title Documents: List of title documents and their details

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and installments

5. Schedule 5 - Encumbrances: List of existing encumbrances, if any

6. Appendix A - Property Plans: Property maps, layouts, and approved plans

7. Appendix B - Permissions: Copies of relevant permissions and approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Development

Construction

Banking

Financial Services

Infrastructure

Urban Development

Commercial Property

Residential Property

Agriculture (for agricultural land)

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Risk Management

Corporate Affairs

Operations

Business Development

Documentation

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Property Developer

Land Acquisition Manager

Compliance Officer

Real Estate Agent

Property Consultant

Title Officer

Contract Manager

Real Estate Director

Company Secretary

Chief Legal Officer

Property Portfolio Manager

Real Estate Finance Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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