Seller protection clauses in sale deed
Querist :
Anonymous
(Querist) 03 January 2025
This query is : Resolved
Dear All, I am re-selling a BBMP A Khata flat in Bangalore, Karnataka.
No legal issues on the property, all taxes paid - EC/ ESwasthu obtained, BESCOM, BWSSB, Kaveri available.
I am looking for clauses that I must have to protect myself from future/ unknown legalities/issues/government new regulations etc.
For example, indemnity clauses to protect from:
1. This is a "no OC/CC" property constructed in 2007, no legal issues since then until date (until 2012/2013 none of small builders were even applying for it, including my apartment)
2. "Deviations" against approved plan in terms of setback, floor area ratio (unsure of deviation percentage), minor/medium layout deviations, constructed individual flat deviation to "achieve FAR", but only on paper.
3. Maybe "non critical couple of missing land history documents" (most of the documents are available), like 98% clean title properties but not 100% due to lack of old 1/2 originals or even unclarity; in future any litigations occur ?
4. Any other obligations
Buyer is expected to be well aware of these but what clauses seller should add in the sale deed to protect herself from above - future litigations, future changes in government regulations such as Sakrama scheme related to deviations, NOC from several other departments that may be enforced in future with additional payments required, anything else to consider ?
Please advise.
T. Kalaiselvan, Advocate
(Expert) 03 January 2025
You do not have to include any clause in the sale deed other than the usual clauses indemnifying the buyer of any legal dispute.
This is a normal and routine clause even if there are no issues involved in this property
kavksatyanarayana
(Expert) 03 January 2025
The preparation of the sale deed is a routine course and the lawyer/document writer will prepare the deed. If you have any doubt in the document you can show it to a prudent lawyer or make a call to me if any doubts.
P. Venu
(Expert) 04 January 2025
What is the reason for the seller-querist to be over cautious?
Querist :
Anonymous
(Querist) 04 January 2025
Hello Venu sir, please see the original query. Protection against known issues as a clause is sought for. The sale deed I assume needs to carry exact clauses/wordings as current owner's sale deed. Now if buyer adds additional clauses, or amend/reword/ add words that change the scope of the clause, then seller cannot provide that ? She can provide what she obtained from the sale deed that is carried ?
That is the reason for cautious approach here.
I am assuming that previous sale deed is "copied" over with new transaction details being added with any updated details that are available since last sale such as PID/Khata - this is how it should work rather then rephrasing/rewriting it differently again to benefit any party ?
T. Kalaiselvan, Advocate
(Expert) 05 January 2025
If you are the vendor then the transfer of property by a registered sale deed has to be executed by the vendor in favor of the buyer.
If you feel that certain clauses are inappropriate and not as per the original legal format you can very well object to them and rephrase them though your own lawyer or the deed writer.
This is a practical situation and you cannot expect opinions for each and every petty issues from such forums,you may to decide about certain practical issues on your own prudence depending on the circumstances prevailing at your end
