A deed is a term used for any written legal instrument that affirms, transfers or verifies an interest, property or right, among other things. Legal documents like these require the grantor to be of sound mind and a legal contracting capacity, which is 18 in most states of India. There is not one but many types of deeds. A sale deed legally and rightfully establishes property ownership. Here, we will discuss the sale deed in detail, particularly the sale deed format for Maharashtra.
A sale deed is a legal document where a person voluntarily transfers their rights, interest in immovable property, and title to another person. Sale Deed is defined under Section 54 of the Transfer of Property Act of 1882.
It is imperative to get a sale deed registered. For any buyer to become the legal and rightful owner of the property they purchased, it is important to lawfully get the same registered in their name utilizing a sale deed. In Marathi, the Sale deed is vikri karara. This proof of transfer of ownership involves two parties, which are the seller and the buyer. The former is sometimes called transferor, and the latter is called transferee. A sale deed is useful and imperative because it brings into writing details of the immovable property being sold, protects the rights of the transferor and transferee and also helps them get additional benefits.
Protection from Risks
The sale deed protects both parties involved from any ambiguity since it legally brings into the picture the transaction details.
Details of the Property Sold
Frauds related to manipulations in area and plot size are utterly common in India. These manipulations need to be fixed. To nullify confusion and injustice like this to any of the parties involved, the document mentions in detail the plot size, details and dimensions.
Benefits by Law
As a legal instrument, a sale deed is made on a stamped paper and establishes ownership. It is, hence, a document that no one in India can deny, and one has no choice but to follow the same.
Remember, a sale deed must not be confused with a title deed, even though sometimes people use the two terms interchangeably.
The sale deed is made on a non-judicial stamp paper. This purchase is made per the value described by the Stamp Duty Act of the state where this is being made.
There are two types of sale deed documents. One is the sale of moveable property, which means the sale of kind. The second kind of sale deed document is one where the sale is made of immovable property, which means a land sale agreement.
Here is the sale deed format for Maharashtra for agricultural land.
This DEED OF SALE is made and executed at _____ on the day of _____, age _____, occupation _____, and residing at _____ bearing PAN Card No. _____ UID No. _____ Contact No. _____ e-mail address _____.
Hereinafter called the owners/ vendors, which expression shall, unless repugnant to the context or meaning thereof, always mean and include the said owners as well as the legal heirs, legal representatives, executors, administrators, successors of the First Part and, Name _____ age _____ occupation _____ and residing at _____ having PAN No. _____, UID No. _____ Contact No. _____ e-mail address _____.
Hereinafter called the purchaser/ vendee, which expression shall, unless repugnant to the context or meaning thereof, always mean and include the said owners as well as the legal heirs, legal representatives executors, administrators, and successors of the Second Part, whereas the Vendor is the sole and absolute owner of the agriculture land bearing survey No. / GAT No. Whereas the Vendor is the sole and absolute owner of the agriculture land bearing survey No./Gat No. _____admeasuring _____ Acre and _____ gunthas-_____ situated at _____ in the _____ Dist---_____ which has inherited/having acquired the same from _____ through a sale deed/Gift/Gift settlement/partition/Will deed registered vide Document No _____ in SRO _____ and more particularly described in the Schedule of Property written below.
Now, therefore, this deed of sale witnessed that in pursuance of the agreement and in consideration of the sum of ₹ _____ already received by the Vendor from the vendee, the said Vendor as absolute owner of the said property described in the schedule hereto and more delineated in the plan annexed herewith. There boundaries thereof shown in _____ colour does with this transfer convey and assign free from encumbrances all the said property to hold the same to the said vendee as absolute owner together with appurtenances belonging hereto and all the estate right, title interest, and claim whatsoever of the Vendor in or to the said property with this conveyed. The vendee shall hold and enjoy the same as the absolute owner.
While the sale deed format for Maharashtra shown above is one for the transfer of agricultural land, other sale deeds are also made on the same lines and contain details like the one above.
A sale deed is an important legal document and empowers both the parties, that is, the seller and the buyer, with legal benefits and protection from any fraud. Thus, it is imperative to leverage it wholly and follow the format given by the state where the sale is occurring and check with legal advisors to ensure all details are well catered to. It is such a thorough document that it negates the possibility of fraud or misunderstanding.
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