Are you going for the sale deed registration? Then know about all the essential documents required for the hassle-free and successful registration of the sale deed. Also, get to know how to recover the lost original sale deed.
Introduction
If you want to register the sale deed successfully and legally complete the sale transaction, then some essential documents are required per the Transfer of Property Act, 1882. These prescribed documents play a vital role in the sale deed registration process. Only after the proper verification and authentication of these documents by the authorized officials the registration of the sale deed will fully complete. Documents Required for Sale Deed Registration include the original sale agreement between the buyer and the seller
As per Section 54 of the Transfer of Property Act, 1882, the sale deed is the legal document that acts as proof for the sale transaction of immovable property between the seller or transferor and buyer or transferee. The sale deed also protects the rights of both seller and buyer by mitigating the chances for misunderstanding and ambiguity. A sale deed’s primary purpose is to minimize the legal risks and provide a seamless way of closing the deal for the sale transaction.
A sale deed, which is a legal document signed by both the seller and the buyer, serves as proof of the sale and transfer of ownership of a property. A sale deed, which is registered in line with the Registration Act of 1908, is a crucial document for both parties. After both parties have accepted the terms and conditions, it is signed in the manner specified in the agreement. .
Important Documents Required For the Sale Deed Registration
Here, let’s look into some of the important required documents that aid in the complete and successful registration of the sale deed. These below-listed documents should be possessed by the seller and buyer as required, which will ensure the sale transaction is legal and in line with relevant provisions of the Transfer of Property Act, 1882. Document required for Sale Deed Registration is the payment of stamp duty and registration fees.
Sale Deed Draft
The main document above all is the draft of the sale deed document. Even though one can draft their sale deed, it is most necessary that you should hire a trusted lawyer. An experienced lawyer with proper legal knowledge would know the crux of drafting legal documents like sale deeds. By explaining your requirement and needs, an expert attorney drafts your sale deed with all the required clauses, which can minimize the legal risk.
Power of Attorney
Verifying the purchase or sale of a property by an established person, attorney, or agent is much required on behalf of the immovable property owner.
No Objection Certificate (NOC)
The property owner or developer of the property, especially in the case of housing projects, must obtain the NOCs from various legal authorities. This NOC certificate mitigates the legal risk and further litigations by serving as legal proof.
Duplicate Copy of Building Plan
The sale deed registration process will also present the building plan signed and sanctioned by the statutory authority. This building plan copy ensures the property structure is acceptable as per statute and is legal.
Allotment Letter
It is issued by the co-operative society, builder, or housing board when the sale deed is drafted or when a sale agreement is getting documented. This letter is also required while obtaining a home loan.
Possession Letter
The seller passes the possession letter to the buyer indicating the transfer of possession of the immovable property.
Documents of Owner
The property owner or developer should possess the title documents as proof of ownership.
Sale Agreement
This formal document showcases the legal contract between the seller and buyer. This sale agreement includes all the essential details, such as the written promise of the seller and buyer for the transfer of goods. All the terms and conditions on which both parties agreed are also included. Other details include payment method, the penalty for non-compliance with original conditions, type of consideration, etc.
Property Tax Receipt
The previous owner of the certain property shall fulfill the property tax dues if any. This also helps in knowing the property’s legal status.
Payment Receipts
In the case of a new property, the original payment receipts from the owner or developer are to be collected. The copy of receipts is presented in case of resale or used property.
Occupancy Certificate
This certificate indicates the property is fully ready to be occupied.
Completion Certificate
Whether the building is constructed as per the approved plan can be known by looking into this certificate.
Encumbrance Certificate
This certificate is to be presented during the registration of the sale deed, which indicates the property has no pending legal dues or any other kind of mortgage.
Other Miscellaneous Documents
Based on the type of property and the circumstances of each case, the required documents slightly change. However, here are some of the important miscellaneous documents required in most of the sale deed registrations.
- Latest Tax Receipts
- Documents for identification of the parties involved in the sale transaction, including Ration Card/Driving License/Voter Card/Pan Card/Aadhar card/ID Proof
- Passport-size photos of both buyer and seller, including witnesses
- Duplicate copy of the property register card that indicates the property does not belong to government authority
- Signature and thumb impressions of all the parties involved in the sale transaction
- Other documents may be prescribed as per the relevant provisions.
Procedure for Recovery of the Lost Sale Deed
As already mentioned, the sale deed is the primary document that holds together the sale transaction. However, in some cases, the original sale deed might get lost for various reasons. In this case, one can obtain the same sale deed or certified copy from the sub-registrar in the concerned jurisdiction. On the other side, the parties involved in the sale transaction should also try to find the lost sale deed. Below are the steps involved in obtaining the certified copy of the missing sale deed:
- File a complaint at the local police station. Ensure the FIR is valid by verifying the police station stamp, FIR number, and the duty officer’s signature.
- To prove your efforts to the sub-registrar in finding the lost sale deed, advertise your missing sale deed with all the relevant details. It is better if your advertisement is in a popular and prominent newspaper for higher reach.
- One can file an affidavit in case there is no progress even after such an advertisement
- .The application of affidavit attested by the notary shall be filed at the sub-registrar office along with the necessary details such as property details, FIR copy, Advertisement copy, and other relevant information.
- Lastly, submit the affidavit to the sub-registrar
- You will get your sale deed certified copy from the sub-registrar within 2-4 weeks.
Conclusion
These are the majority of the documents required for sale deed registration. Here, one can also get familiarised with the procedure for recovery of the lost sale deed. Try Vakilsearch for the best online legal services to get your sale deed draft done quickly and hassle-free. Experience the seamless interactive process from experienced lawyers and legal professionals.
Frequently Asked Questions
Do the documents required vary based on the type of property being sold, such as residential, commercial, or agricultural?
Yes, the required documents vary by property type. Residential, commercial, and agricultural properties may have specific documentation requirements, reflecting their distinct legal considerations.
How do the buyer and seller need to prove their identities during the Sale Deed registration process?
Both parties must provide valid government-issued IDs, such as Aadhar cards, PAN cards, or passports, as proof of identity during the Sale Deed registration process.
Are there specific documents needed to establish the ownership and title of the property being sold?
Documents like the title deed, previous Sale Deeds, and the encumbrance certificate are crucial to establish ownership and title during the property sale registration process.
What role do property-related documents like the title deed, previous Sale Deeds, and encumbrance certificate play in the registration process?
These documents verify ownership, establish a clear title, and confirm the property's legal standing, playing a pivotal role in the Sale Deed registration process.
How are the financial aspects of the sale, such as the sale consideration and stamp duty, documented in the Sale Deed?
The Sale Deed includes details of the sale consideration and stamp duty paid, documenting the financial aspects of the property transaction.
Is there a need for witnesses during the Sale Deed registration, and what are their documentation requirements?
Yes, witnesses are typically required during Sale Deed registration. They must provide their IDs and address proofs, ensuring their credibility in the documentation process.
What steps should be taken if the property has multiple owners or co-owners?
In cases of multiple owners or co-owners, all parties should be involved in the Sale Deed registration, and their respective ownership percentages clearly specified in the document.
How can one verify the authenticity of the documents presented for Sale Deed registration, and what precautions should be taken to avoid fraud or disputes?
Verification can be done through legal experts or government authorities. Precautions include checking document authenticity, ensuring proper notarisation, and consulting legal professionals to mitigate fraud or disputes.
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