
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
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This document is a formal contract for the transfer of freehold land title from a vendor to a purchaser. It contains specific timelines for delivering an abstract of title and raising legal requisitions that are not found in standard deeds of conveyance. It explicitly excludes the vendor's liability for interest on returned deposits if the contract is rescinded due to title disputes.
Use this document when entering the executory stage of a real estate transaction in India before the final sale deed is executed. If the transaction involves a leasehold interest rather than absolute freehold ownership, use a Lease Assignment or an Agreement for Sale of Leasehold Property instead.
| Clause | Name | What it does |
|---|---|---|
| 1 | Sale and Purchase | The Vendor sells the freehold property for a specified sum in Rupees, acknowledging a deposit paid to a stakeholder upon signing. |
| 3 | Requisitions and Objections | The Purchaser must deliver title objections within 14 days of receiving the abstract or they are deemed to have accepted the title. |
| 4 | Rescission of Contract | The Vendor may rescind the contract and return the deposit without interest if the Purchaser insists on an unacceptable title requisition. |
| 6(ii) | Compensation for Errors | Errors in property description do not annul the sale but require reasonable compensation determined by arbitration under the Arbitration and Conciliation Act 1996. |
| 7 | Completion and Possession | The Purchaser pays the balance on a fixed date at the Vendor's Advocate's office to receive possession and execute the assurance. |
| 9 | Default and Resale | Non-compliance results in deposit forfeiture and allows the Vendor to resell the property and recover any price deficiency as liquidated damages. |
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An agreement for the sale of freehold property (subject to existing tenancies) between a vendor and a purchaser in India, in the traditional conveyancing style. It covers the price and deposit, commencement of title, the purchaser's requisitions and objections on title (with time of the essence), the vendor's right to rescind if unable to answer a requisition, identification of the property, sale subject to easements, compensation for errors in description (settled by arbitration), completion and payment of the balance, execution of the assurance, possession and apportionment of outgoings, interest on delayed completion, fire-insurance apportionment, and forfeiture of the deposit and resale on the purchaser's default.