AGREEMENT TO SELL
This AGREEMENT TO SELL is executed at ____________ on this ______ day of ____________, by and between:
Sh. ____________, S/o ____________, R/o ____________, hereinafter called "THE FIRST PARTY".
IN FAVOUR OF
Sh. ____________, S/o ____________, R/o ____________, hereinafter called "THE SECOND PARTY".
The expression of the terms the "FIRST PARTY" and the "SECOND PARTY", wherever they occur in the body of this Agreement to Sell, shall mean and include them, their legal heirs, successors, legal representatives, administrators, executors, transferee(s), beneficiary(ies), legatee(s), probatee(s), nominees and assignee(s).
AND WHEREAS the FIRST PARTY, for his bona fide needs and requirements, has agreed to sell, convey, transfer and assign to the SECOND PARTY, and the SECOND PARTY has agreed to purchase, the ____________________ (describe the portion being sold) along with proportionate, undivided, indivisible and impartible ownership rights in the said freehold land underneath the said building measuring ______ square yards, bearing No. ____________, situated at ____________________, with all rights, title and interest, easements, privileges and appurtenances thereto, with all fittings, fixtures, electricity and water connections, and structure standing thereon, with all rights in the common driveway, entrances, passages, staircase and other common facilities and amenities provided therein — hereinafter referred to as "THE SAID PORTION OF THE SAID PROPERTY" — for a total sale consideration of Rs. ____________ (Rupees ____________________).
NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER:
That in consideration of the sum of Rs. ____________/- (Rupees ____________________), out of which a sum of Rs. ____________/- (Rupees ____________________) as advance money has been received by the FIRST PARTY from the SECOND PARTY, the receipt of which the FIRST PARTY hereby admits and acknowledges, and the remaining balance sum of Rs. ____________/- (Rupees ____________________) will be received by the FIRST PARTY from the SECOND PARTY at the time of registration of the Sale Deed — the FIRST PARTY doth hereby agree to grant, convey, sell, transfer and assign all his rights, titles and interests in the said portion of the said property, fully described above, together with proportionate, undivided, indivisible and impartible ownership rights in the freehold land underneath the said building, to the SECOND PARTY, on the terms and conditions herein contained; provided that nothing herein stated shall confer, or be deemed to have conferred, upon the SECOND PARTY exclusively any right or title to the common driveway, passages, staircase, overhead water tanks, sewers, water meters and other common facilities, to the exclusion of the FIRST PARTY and/or the SECOND PARTY or the owners or occupants of the other units of the said building.
That the actual physical vacant possession of the said portion of the said property will be delivered by the FIRST PARTY to the SECOND PARTY at the time of the registration of the Sale Deed, after receiving the full consideration.
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About this template
What is this template?
This document is a preliminary agreement for the transfer of real estate that precedes the final sale deed. It specifically includes provisions for the 'impartible ownership rights' in the land underneath a building and the 'Specific Performance' clause for court-ordered enforcement. It is not a Sale Deed itself, but an agreement to execute one at a later date.
When should you use it?
Use this when a buyer and seller have agreed on a price and portion of a building but need to formalize the advance payment before final registration. If the intent is to transfer ownership immediately without a waiting period, use a Sale Deed instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| AND WHEREAS | Sale Consideration | Specifies the total sale price in Rupees and defines the portion of the property and square yardage being transferred. |
| NOW THIS AGREEMENT TO SELL WITNESSETH AS UNDER | Payment Terms | Confirms receipt of advance money and sets the requirement to pay the balance at the time of sale deed registration. |
| That the actual physical vacant possession | Possession and Registration | Obliges the First Party to deliver vacant possession and execute the registered Sale Deed on or before a specified date. |
| That on or before | Specific Performance | Allows either party to enforce the contract through a court of law if the other party fails to complete registration. |
| That the FIRST PARTY assures | Indemnity against Encumbrances | Requires the First Party to compensate the Second Party if the property is seized due to prior mortgages, liens, or legal defects. |
| That no common parts | Common Facilities and Restrictions | Prohibits chaining pets or storing cycles in common passages and grants the Second Party access to the terrace for maintenance. |
| That the SECOND PARTY has full right | Nomination Rights | Permits the Second Party to assign the agreement to any person, firm, or body corporate without objection from the First Party. |
| That all the expenses | Expenses | Assigns responsibility for stamp duty and registration charges exclusively to the Second Party. |
Who it's for
- an individual selling a floor or specific flat within a multi-unit building
- a buyer purchasing a portion of a property with shared common areas like staircases
- parties transacting in Indian property where sale consideration is paid in stages
How long it runs and how it's signed
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