Overview
'Sale' under Section 54 of the Transfer of Property Act, 1882 is a transfer of ownership in exchange for a price paid or promised, or part paid and part promised. The documents needed for a sale depend on the law applicable and on the type of property: leasehold, freehold, Lal Dora and so on.
Under the Delhi Stamp (Prevention of Under-Valuation of Instruments) Rules, 2007, circle rates must be taken into consideration for properties within the NCT of Delhi (with effect from 18.07.2007). Stamp duty is charged on the higher of the agreed price and the circle-rate value.
When you need it
- You are buying or selling a flat, plot, house or shop in Delhi
- You are unsure whether the property is freehold or leasehold
- The seller holds the property through GPA / Agreement to Sell rather than a registered sale
Documents usually required
Open as checklist- Title documents of the seller: Sale Deed, Conveyance Deed or the complete chain
- Freehold / leasehold status and any lessor permission required
- ID proof, PAN and photographs of buyer and seller
- Property tax receipts and MCD mutation, if any
- Details of the price and the mode of payment
- NOC from the bank or society, where applicable
- 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
Verify
We check the title and status before any money changes hands.
- 2
Choose the right instrument
A Sale Deed for freehold property, or the appropriate route for leasehold property.
- 3
Draft and value
The deed is drafted and the value worked out against circle rates.
- 4
Stamp and register
Stamp duty is paid and the deed is registered at the Sub-Registrar.
- 5
After registration
Mutation in MCD and, where needed, in the authority's records.
Good to know
The buyer must deduct TDS under Section 194-IA of the Income Tax Act when the consideration is ₹50 lakh or more.
In Suraj Lamp & Industries (2011), the Supreme Court held that GPA, Agreement to Sell and Will transactions do not by themselves convey title. Converting to freehold and registering a sale deed is the safer route.