Legal Article

Sale deed, its legal validity and legal formality

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Property

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Published on: 26 Feb, 2023

A sale deed is a legal document that records the transfer of ownership of a property from the seller to the buyer. It is one of the most important documents in a property transaction and serves as proof of ownership for the buyer. Here, we will discuss the legal validity and legal formalities of a sale deed.

A sale deed is a legally binding agreement between the buyer and the seller of the property. It is governed by the Transfer of Property Act, 1882, and is required to be registered under the Registration Act, 1908. Once a sale deed is executed, it transfers the ownership of the property from the seller to the buyer.

The sale deed is also a conclusive evidence of the transaction between the parties. This means that once the sale deed is registered, it is considered final and cannot be challenged by either party unless there is evidence of fraud or misrepresentation.

Legal Formalities of a Sale Deed

A sale deed must be executed on a non-judicial stamp paper of the requisite value as per the stamp duty rates applicable in the state where the property is located. The stamp duty rates vary from state to state and are determined by the state government.

The sale deed must contain certain essential clauses, such as the details of the property being sold, the consideration (sale price) paid by the buyer to the seller, the date of transfer of ownership, and the warranties and representations of the seller regarding the title of the property.

The sale deed must be signed by both the buyer and the seller in the presence of at least two witnesses. The witnesses must also sign the document. The sale deed must then be presented for registration to the sub-registrar of the jurisdiction where the property is located.

The registration process involves the payment of registration fees, stamp duty and other charges as per the rates applicable in the state. Once the sale deed is registered, the buyer becomes the legal owner of the property.

Conclusion

In conclusion, a sale deed is a legally binding document that serves as proof of ownership of a property. It is essential to ensure that all legal formalities are complied with when executing a sale deed to ensure its legal validity. Buyers and sellers should seek the assistance of a legal professional to ensure that the sale deed is executed correctly and all legal requirements are met.