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What is the difference between an Agreement to Sell and a Sale Deed? Is it necessary to enter into an Agreement to Sell with a seller?

- by Sanjay, Murugeshpalya

Though an Agreement to Sell and a Deed of Sale relate to purchase of  property there are differences between these two. Sale of an immovable property is usually preceded by an Agreement to Sell. The subsequent Deed of Sale is based on the Agreement to Sell. Agreement to Sell is a very important document. It records the understanding reached between the parties, which is binding on both. After making preliminary enquiries, the parties with or without their advocates sit and discuss the price and other terms and conditions and thereafter these are incorporated in the Agreement to Sell. The main ingredients of Agreement to Sell are the price consideration, accurate description of the property to be purchased and mode of payment, cost of transfer, specific enforcement and penalty clauses in case of default. An Agreement to Sell protects the interest of both parties. The seller cannot alienate the property through an Agreement to Sell.
A Deed of Sale is a written document executed between the buyer and the seller. It narrates in brief how the seller got the property, at what price he is selling the property, the sale consideration amount received, his assurances to the Purchaser that the property is unencumbered and in case of any claim the purchaser will be indemnified. Both seller and pur¬chaser shall execute the sale deed. A Sale Deed must be registered. After ' registration and receipt of the balance consideration amount in the presence of witnesses, the property stands transferred to the purchaser.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- I have purchased a flat in a recently constructed apartment at Kanakapura Road. The area comes under the jurisdiction of BDA. All the owners have agreed to form an association. There is some doubt, where the association is to be registered, Registrar of Firms or Registrar of Co-operative Society. Some owners mention that the association has to be registered with the Sub-Registrar. We seek your guidance?

Q:- I have a small query regarding execution of sale deed. I had purchased a commercial office property in Ranchi city during 2002. Recently I observed that in the sale deed only the seller (builder) has signed the documents and I didn’t sign the deed. Further I checked with other people also who had purchased their properties during that time and didn’t find their signature either on the sale deed. In this case, is my sale deed still valid or do I need to get executed another sale deed with my signature on it.

Q:- My friend had purchased a house in Mysore.  It has only ground floor.  He has permitted me to construct another floor (Ist Floor) and to use it for my residence or to let out.  He assures me that I would be the Owner of that floor and is willing to execute any documents in this regard.  Please suggest the proper documents to be obtained.

Q:- Who can sign as witness to a document? What is meant by Identification of sale deed? 

Q:- Certain hidden facts like pending cases, prior agreements, government notification of the property cannot be traced easily by verification of the documents.  How can these hidden factors be uncovered, and what should a purchaser do to protect himself against these factors?