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Private Sale Of House Contract Template for India

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Key Requirements PROMPT example:

Private Sale Of House Contract

"I need a Private Sale of House Contract for a 2-bedroom apartment in Mumbai, with completion scheduled for March 2025, including standard payment terms with 10% initial deposit."

Document background
The Private Sale Of House Contract is a crucial legal document used in India for residential property transactions between private parties. This agreement is essential when individuals or entities wish to transfer ownership of residential property through private sale, as opposed to developer sales or government auctions. The document must comply with various Indian legislations, including the Transfer of Property Act 1882, Registration Act 1908, and state-specific property laws. It typically includes comprehensive details about the property, parties involved, financial terms, timeline for completion, and obligations of both parties. The contract serves as the foundation for the final sale deed and is often required by financial institutions when mortgage funding is involved. Its proper execution is crucial for protecting both parties' interests and ensuring a smooth property transfer process in accordance with Indian law.
Suggested Sections

1. Parties: Details of the seller and purchaser including full names, addresses, and PAN numbers

2. Background: Brief context of the transaction and seller's ownership rights

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

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

5. Sale Consideration: Purchase price, payment terms, and schedule of payments

6. Mode of Payment: Specified methods of payment and banking details

7. Possession: Terms and timeline for transferring possession of the property

8. Title and Documents: Seller's warranties regarding clear title and list of property documents to be handed over

9. Representations and Warranties: Declarations by both parties regarding their capacity and authority to enter into the agreement

10. Obligations of the Seller: Seller's commitments including clearing utilities, taxes, and ensuring property is free from encumbrances

11. Obligations of the Purchaser: Purchaser's commitments including timely payment and compliance with registration requirements

12. Expenses: Division of costs related to the transaction including stamp duty and registration fees

13. Completion: Process and requirements for completing the sale

14. Governing Law and Jurisdiction: Applicable laws and courts having jurisdiction over disputes

Optional Sections

1. Power of Attorney: Required when either party is acting through an authorized representative

2. Loan and Mortgage: Include when purchaser is obtaining financing for the purchase

3. Society NOC: Required for apartments or properties in housing societies

4. Force Majeure: Protection against unforeseen circumstances preventing completion

5. Insurance: Include when specific insurance requirements need to be maintained during the transition

6. Indemnification: Additional protection against specific identified risks or claims

7. Existing Tenancy: Required when property is currently tenanted

8. Joint Ownership Terms: Include when property is being purchased by multiple buyers

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the property including boundaries, measurements, and fixtures

2. Schedule B - Payment Schedule: Detailed breakdown of payment installments and timelines

3. Schedule C - Title Documents: List of all title and property documents to be handed over

4. Schedule D - Encumbrances: Details of any existing encumbrances, if any

5. Schedule E - Amenities and Fixtures: List of included fixtures, fittings, and amenities

6. Appendix 1 - Property Plans: Approved architectural plans and layout drawings

7. Appendix 2 - Chain of Title: Historical ownership documents and transfer details

8. Appendix 3 - Tax Records: Property tax payment history and current status

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

Legal Services

Banking and Finance

Property Management

Construction

Housing Development

Professional Services

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Documentation

Compliance

Risk Management

Operations

Conveyancing

Title Research

Customer Relations

Relevant Roles

Real Estate Lawyer

Property Lawyer

Legal Counsel

Real Estate Agent

Property Manager

Conveyancing Manager

Legal Documentation Specialist

Property Valuer

Mortgage Officer

Real Estate Consultant

Title Examiner

Legal Operations Manager

Property Documentation Officer

Compliance Officer

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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