Agreement for Sale of an Apartment (India)
This template is an agreement for the sale of a residential apartment in India. It outlines the terms between the developer (Vendor) and the buyer (Purchaser), covering payment installments, construction specifications, possession timelines, and the formation of an apartment owners' association.
Agreement for Sale of an Apartment
THIS AGREEMENT
made at ………………….. this ………….. day of ………….., 20
between
A, son of …………………………
resident of ……………………
hereinafter referred to as the Vendor of the ONE PART
and
B, son of ……………….
resident of ………………..
hereinafter referred to as the Purchaser of the OTHER PART.
WHEREAS the Vendor is absolutely seized and possessed of the land bearing Plot No………………………. situated at ………………………………… and hereinafter referred to as the said land and more particularly described in the Schedule 1 hereunder written;
AND WHEREAS the Vendor proposes to develop the said land and for that purpose obtained permission of the Competent Authority under section ……….. of the Urban Land (Ceiling and Regulation) Act vide his Order No ……………………. dated …………………..;
AND WHEREAS the Vendor has submitted the building plans to the ……………….. Municipal Corporation, which have been approved by the ……………….. Municipal Corporation vide letter No ………………………. dated …………. subject to certain conditions laid down in the said letter;
AND WHEREAS the Vendor has started the construction of the buildings as per the building plans approved by the ……………….. Municipal Corporation enclosed herewith at Annexure 1;
AND WHEREAS the Vendor has agreed to sell one apartment on the …………… floor in the building No…………….. being constructed and having the specifications mentioned in the Schedule 11 hereunder written at a price of Rs ………………. (Rupees …………………………… subject to the terms and conditions hereinafter appearing.
AND WHEREAS the Purchaser has inspected the documents relating to the land, the order of the Competent Authority, site plans approved by the ……………….. Municipal Corporation and is satisfied about the Vendor’s title to the said property and the site plans of the proposed buildings;
AND WHEREAS the title of the Vendor to the said property has been certified to be clear, marketable and free from encumbrances by M/s. …………………………… Solicitors and Advocates………………. and a copy of the said title certificate is hereto annexed at Annexure II ;
AND WHEREAS the Vendor has agreed to sell and the Purchaser has agreed to purchase the Apartment No……………..on the…………. floor in the building No……………….. hereinafter referred to as the said Apartment on the following terms and conditions.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
(1) The Vendor shall construct the said building on the said plot of land, more particularly described in the Schedule 1, in accordance with the plans, designs and specifications approved by the ……………….. Municipal Corporation and which have been seen and approved by the Purchaser and kept by the Vendor at the office of M/s. …………………. Architects at ……………………. for inspection. The Vendor shall be entitled to make such variations and modifications as he may consider necessary or as may be required by the ……………….. Municipal Corporation of the Government of …………….. or any local authority.
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About this template
What is this template?
This is a contract for the sale of real estate specifically tailored for the Indian jurisdiction. It contains provisions for the payment of an earnest money deposit and detailed schedules for the property description, including floor number and wing.
When should you use it?
Use this document when the parties have agreed on a price and wish to bind the sale before the final registration of the Sale Deed. Use a Sale Deed instead when the final transfer and full payment are occurring simultaneously.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Consideration | Specifies the total purchase price and the schedule for payments to be made by the Purchaser to the Seller. |
| 4 | Transfer of Possession | Obliges the Seller to deliver vacant and peaceful physical possession of the apartment upon receipt of the full purchase price. |
| 5 | Marketable Title | The Seller warrants that the property is free from all encumbrances, liens, or charges and possesses a clear marketable title. |
| 7 | Execution of Sale Deed | Requires the Seller to execute and register a formal Deed of Conveyance in favor of the Purchaser to complete the legal transfer. |
| 9 | Outgoings and Taxes | Assigns responsibility for property taxes, water charges, and electricity dues to the Seller until the date of possession transfer. |
Who it's for
- an individual selling a residential flat in an Indian housing society
- a buyer purchasing an apartment from an existing owner in India
- legal practitioners drafting a preliminary sale agreement for residential property
How long it runs and how it's signed
Law it's drafted under
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