Format of Real Estate Contracts as per Indian contract act 1872

REAL ESTATE SALE AGREEMENT

(As per the Indian Contract Act, 1872 & Transfer of Property Act, 1882)

This Real Estate Sale Agreement is made and entered into on [Date], at [Place], by and between:

  1. Seller: [Seller’s Full Name], a [individual/company] registered under [Applicable Law], having its registered address at [Address] (hereinafter referred to as the “Seller”).
  2. Buyer: [Buyer’s Full Name], a [individual/company] registered under [Applicable Law], having its address at [Address] (hereinafter referred to as the “Buyer”).

(The Seller and Buyer shall be collectively referred to as “Parties” and individually as “Party”).


1. DESCRIPTION OF PROPERTY

1.1 The Seller agrees to sell, and the Buyer agrees to purchase the property described below:

  • Property Type: [Flat/Villa/Land/Commercial Property]
  • Property Address: [Full Address]
  • Survey Number: [If applicable]
  • Area (in Sq. Ft./Acres): [Size]
  • Encumbrance Status: [Free from mortgage/lien OR details of existing encumbrances]

2. SALE CONSIDERATION & PAYMENT TERMS

2.1 The total sale price of the property is agreed at ₹[Amount] (Rupees [Amount in Words]).
2.2 The Buyer shall pay the amount in the following manner:

Payment Stage Amount (₹) Due Date
Advance Payment [Amount] [Date]
Balance Payment [Amount] [Date]
Final Payment [Amount] [Date]

2.3 The Buyer shall make the payments via [Bank Transfer/DD/Cheque] to the Seller’s account.
2.4 If the Buyer fails to make the payment on time, a late payment penalty of [Rate]% per month shall be applicable.


3. POSSESSION & REGISTRATION

3.1 The Seller agrees to hand over vacant possession of the property on [Date].
3.2 The Sale Deed shall be executed and registered before the [Sub-Registrar Office] after full payment.
3.3 The Buyer shall bear the stamp duty, registration charges, and applicable taxes.


4. REPRESENTATIONS & WARRANTIES

4.1 Seller’s Warranties:

  • The Seller has legal ownership and the right to sell the property.
  • The property is free from legal disputes, encroachments, and third-party claims.
  • The property has all necessary approvals from local authorities.

4.2 Buyer’s Warranties:

  • The Buyer shall pay the full sale price on time.
  • The Buyer shall comply with local land use regulations.

5. ENCUMBRANCES & TAXES

5.1 The Seller confirms that the property is free from mortgages, loans, and encumbrances, except as disclosed.
5.2 Any pending taxes, society dues, or maintenance charges shall be cleared by the [Seller/Buyer] before registration.


6. TERMINATION OF AGREEMENT

6.1 This agreement may be terminated if:

  • The Buyer fails to make timely payments (beyond [Number] days).
  • The Seller fails to provide a clear title to the property.
  • Either party breaches any clause of this agreement.
    6.2 If terminated due to the Buyer’s default, the advance payment shall be forfeited.
    6.3 If terminated due to the Seller’s default, the Seller shall refund the advance payment with [Rate]% interest.

7. INDEMNITY & LIABILITY

7.1 The Seller shall indemnify the Buyer against any legal claims or defects in title.
7.2 The Buyer shall indemnify the Seller for any violations of land-use regulations after purchase.


8. FORCE MAJEURE

Neither party shall be held liable for any delays due to natural disasters, government restrictions, legal disputes, or unforeseen circumstances.


9. DISPUTE RESOLUTION & GOVERNING LAW

9.1 Any disputes shall first be resolved through mutual discussion.
9.2 If unresolved, disputes shall be settled through arbitration under the Arbitration and Conciliation Act, 1996.
9.3 The courts of [City] shall have exclusive jurisdiction, and this agreement shall be governed by Indian law.


10. GENERAL CLAUSES

10.1 Entire Agreement: This contract represents the entire agreement between the parties.
10.2 Amendments: Any changes must be in writing and signed by both parties.
10.3 Severability: If any clause is found invalid, the remaining provisions shall still be enforceable.


IN WITNESS WHEREOF

The parties have read, understood, and agreed to the terms and conditions set forth in this Agreement and have signed below:

For Seller
Signature: _______________
Name: ___________________
Aadhar/PAN No.: __________
Date: _______________

For Buyer
Signature: _______________
Name: ___________________
Aadhar/PAN No.: __________
Date: _______________

Witness 1
Signature: _______________
Name: ___________________
Address: ________________

Witness 2
Signature: _______________
Name: ___________________
Address: ________________


This Real Estate Sale Agreement ensures legal clarity, compliance, and protection for both Buyer and Seller.

(Registration under india Trust Act, 1882)

Certificate Registration

Affidavit
By Individual

(Certificate attested by notary)

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