The Deed of Sale Condominium is a crucial legal document used in Indian real estate transactions for transferring ownership of apartment units. This document is essential when selling or purchasing a condominium unit in India, whether in a newly constructed building or an existing development. It must comply with multiple legislations including the Transfer of Property Act, Registration Act, and state-specific apartment ownership laws. The deed comprehensively covers property details, ownership rights, common areas, society membership, and maintenance obligations. It serves as permanent evidence of the transfer and requires mandatory registration at the Sub-Registrar's office. The document's format and content are specifically designed to address the unique aspects of condominium ownership, including shared facilities and community living arrangements, while ensuring legal compliance with Indian property laws.
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1. Parties: Details of the seller (vendor) and purchaser with complete names, addresses, and legal capacity to contract
2. Background: Recitals explaining the ownership history, development of the condominium project, and intention to sell
3. Definitions: Defined terms used throughout the deed including property description, common areas, and relevant legal terms
4. Details of Property: Comprehensive description of the condominium unit, including floor area, boundaries, and share in common facilities
5. Consideration: Purchase price, payment terms, and acknowledgment of receipt
6. Transfer of Title: Express words of transfer and warranties of title as required by Indian law
7. Possession: Terms of delivering physical possession and associated conditions
8. Representations and Warranties: Seller's declarations regarding title, encumbrances, and property condition
9. Rights and Obligations: Parties' rights and obligations regarding the property and common areas
10. Registration and Stamp Duty: Provisions for document registration and payment of applicable stamp duty
11. Governing Law: Specification of Indian law as governing law and jurisdiction
12. Execution: Signature blocks and attestation requirements
1. Pending Litigation: Details of any ongoing legal proceedings affecting the property - include if applicable
2. Society Membership: Terms of transfer of society membership - include for cooperative housing societies
3. Mortgage Details: Information about existing mortgages and their discharge - include if property is mortgaged
4. Power of Attorney: Details if any party is acting through a power of attorney - include if applicable
5. Third Party Rights: Description of any third party rights or easements - include if they exist
6. Development Rights: Details of any pending development rights - include in developing properties
1. Property Description Schedule: Detailed technical description of the property including measurements and boundaries
2. Common Areas Schedule: List and description of common areas and facilities with usage rights
3. Payment Schedule: Detailed breakdown of payment terms and installments if applicable
4. Title Documents: List of title documents and chain of title
5. Amenities Schedule: Details of included amenities and facilities
6. Encumbrance Certificate: Recent encumbrance certificate from registrar's office
7. Floor Plan: Approved floor plan of the condominium unit
8. Society Rules: Copy of applicable society/association rules and regulations
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