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Sale & Purchase

Agreement to Sell

A promise to transfer in the future, used where the seller is not yet the absolute owner.

Overview

An Agreement to Sell, or Deed of Agreement, is registered for the sale of leasehold property or when there is a promise to transfer in the future.

As the name suggests, it is used when the seller is not the absolute owner because title still vests with the Government. The parties agree that whenever the Government grants clear title, the property will be sold to the intended buyer.

When you need it

  • The property is still leasehold and a sale is agreed
  • The price is paid in parts and the transfer will happen later
  • Freehold conversion is pending

Documents usually required

Open as checklist
  • Title / allotment documents of the seller
  • ID proof, PAN and photographs of both parties
  • Payment details and the agreed schedule
  • Two witnesses with ID proof

This is an indicative list. Exact requirements depend on the property, the authority and your situation, and we confirm the full list after reviewing your papers.

How it works

  1. 1

    Agree terms

    Price, schedule, possession and default clauses are settled.

  2. 2

    Draft

    The agreement is drafted to protect both sides.

  3. 3

    Stamp and register

    The agreement is stamped and registered.

  4. 4

    Complete the sale

    Once title is available, the Sale Deed is registered.

Good to know

An Agreement to Sell does not by itself transfer ownership. The Supreme Court confirmed this in Suraj Lamp & Industries (2011). Plan the route to a registered Sale Deed from the start.

Talk to a documentation expert

Send us a photo of your papers. We'll tell you exactly what's needed.

No obligation. We reply during working hours, Monday – Saturday, 10:00 AM – 6:00 PM.

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