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Difference between Agreement of Sale, Sale Deed and Deed of

Page no : 2

Ranjan (founder)     09 January 2014

Key difference: Sale Deed and Sale Agreement are two documents that are commonly used in the process of purchasing or selling property. Basically, a Sale Agreement just states the terms and conditions of the sale, as agreed by the two parties. The Sale Deed, on the other hand, states that the deal has been finalized and that the property has been handed over by the seller to the buyer. Sale Deed and Sale Agreement are two documents that are commonly used in the process of purchasing or selling property. In the course of a single buy-sell transaction, both documents must be made and signed by the buyer and seller. It would also be recommended that the sale deed and sale agreement be registered. However, the actual guidelines regarding the Sale Deed and the Sale Agreement may differ from country to country and even from state to state. In the base of the matter, a Sale Agreement is an agreement between two parties about the conditions and terms of sale. It also lists the agreed amount as remuneration for the sale, as well as the mode of payment. It must be signed by both parties. However, a Sale Agreement does not create any interest or title over the property for the buyer. In order to do that, a Sale Deed must be signed and registered. A Sale Deed is usually signed and entered into after the Sale Agreement. The Sale Deed is an executed contract. It establishes a valid and lawful title over the property in favor of the purchaser. It is signed after the sale has taken place. It transfers the property to the buyer. The Sale Deed is the document that states that the sale is successful and that the property now legally and rightfully belongs to the purchaser, and that the seller forfeits any right of title to the property in return for the remuneration as agreed upon in the Sale Agreement. Basically, a Sale Agreement just states the terms and conditions of the sale, as agreed by the two parties. The Sale Deed, on the other hand, states that the deal has been finalized and that the property has been handed over by the seller to the buyer. hope it will help someone in need

Sheena Bajaj (CA)     22 May 2014

ok, ranjan will you please reply me on this, I am a purchaser of a property & My Agreement for Sale is Registered with Full Stamp Duty while it was under construction showing the Possession Not Occupied.

Is It required to be converted into Sale Deed. WHY??

Shreesh Khandekar (director)     27 June 2014

After reading this one question struck in to my mind that- what is the use of agreement for sale? can this be used in place of sale deed?

SUNIL KUMAR (PROJECT MANAGER)     23 April 2015

Are you looking for your sale deeds translation from Hindi to English language?

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Adv. Mandar Pimpalkhare (Advocate)     05 May 2015

i agree with Mr. chirag he has explained the terms in details 

Mr. Dennis Salve execution of sale deed is not at all concerned with other flat owners, when you have paid all dues and amounts for your flat you need to get sale deed executed for the said flat.

Registration of housing society is other part.

Pravin Jadhav   02 September 2015

@ Shreesh - Usually it takes time to complete the construction and builder takes part payment depending on stage of construction. So to safeguard the interest of both parties like time for completion, payment process conditions , penalty for delayed payment etc. sales agrrement is done.

Pravin Jadhav   02 September 2015

@Venkat - while it is true that you will get sales deed as final document but if you are applying for loan then the company  panel advocate may raise the query due to difference in agreement to sale and sales deed.

anu hebalkar   05 October 2015

Hello,I have purchased a flat from a builder in pune and registered a agreement to sale with full stamp duty.As per the terms i have paid full amount to builder and have taken the possession of flat.I am paying light bills in my name and also paying pune corporation tax bills in my name.Sale deed in betwween builder n me is not yet executed.Whether i can sale my flat to a potential buyer who also wants to obtain bank loan.

Please clarify.

adv.bharat @ PUNE (Lawyer)     24 July 2016

Agrement to sale is done by paying part of consideration.

After full payment by loan or other way sale deed is done.

Lastly Deed of transfer is done to transfer interest in property.

Advocate Ram Prasad (Chief Lawyer)     03 April 2017

Well explained Mr.Chirag Shah!

ravi   03 July 2018

Hi,

Can I treat agreement of sale as sale deed if developer transfers the property without having sale deed for the purpose of calculating capital gains.

 

Thanks in Advance...

Zeta Teresa Pereira   21 January 2020

Dear Sir,

An agreement of sale can be defined as a memorandum of agreement deed where the terms and conditions of a potential contract of sale are mentioned along with the offered consideration and payment details.  

Sale deed is a document which transfers the rights of a party with a property of another property. It is mainly drafted as a continuation of the agreement of sale. All the terms a nd conditions which are mentined in the agreement of sale will be satisfied and observed in the sale deed.

Deed of assignment is a legal document that transfers the interest of the owner of that interest to the person to whom it is assigned, the assignee. When the ownership is transferred, the deed of assignment shows the new legal owner of the property.

Hope this clears your doubt.

Regards,

Zeta 


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