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This document protects the interests of both the buyer and seller of a property.

An agreement to sell is an important document in the process of sale/purchase of property .The agreement contains conditions agreed upon.

As against this, a sale deed is a written document executed by the buyer and the seller. It gives details on how the seller got the property ,the sale consideration amount received ,assurance to the purchaser that the property is free from any encumbrances ,indemnity clauses etc. The sale deed is executed by both the seller and the purchaser and is registered in the office of the registrar. It is executed by both the seller and the purchaser and is registered in the office of the registrar. It is executed subsequent to the agreement to sell, and is based on the terms and conditions contained and agreed on while entering into the agreement to sell.

Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. The agreement is signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence.

Agreement to sell is the base document on which the conveyance deed is drafted. Every document of transfer of an immovable property by way of sale would be preceded by an agreement to sell. Usually an agreement to sell is in writing .Although it may be oral, because of attendant risks, it is always in black and white.

Amongst other things, an agreement to sell contains:

bullet The names of the parties, along with their residential addresses and age.
bullet Date and place of execution of the agreement.
bullet Competency of parties to enter in to an agreement.
bullet Rights and liabilities of the parties.
bullet Brief narration with particulars of documents as to how the seller got the property.
bullet Exact location and description of the property.
bullet Agreed consideration amount.
bullet Mode of payment.
bullet Time of payment.
bullet Time lines for various acts to be done and the responsibilities for the same.
bullet Mode of production and inspection of titles deeds
bullet Period of completion of the transaction.
bullet Conditions and obligations to be compiled with.
bullet Expenses to be met.
bullet Cost of transfer and who will meet it.
bullet Penalty clauses in case of default.
bullet Care for the property.
bullet Forfeiture clauses in case of default
bullet Conditions for delivery of possession and outgoings.
bullet Declarations by the vendor that the property is not subject to any government acquisition etc.
bullet Names, signatures and addresses of witnesses.

The provisions of such an agreement consists of the procedure to be followed leading to the execution of the conveyance or sale deed.

Agreement to sell is a very important document. It records the understanding reached between the parties, which is binding on both. After making preliminary enquiries, the parties negotiate the price as well as the other terms and conditions, which form part of the agreement to sell projects the interests of both parties.

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