Legal Question in Real Estate Law in India

Sir, I want to know whether sale deed and transfer deed are same? Please elaborate.


Asked on 10/15/13, 4:54 am

3 Answers from Attorneys

Transfer deed is general term for all instruments like sale, gift, settlement, release etc under transfer of property act.

Sale deed is only when the sale consideration is received and recorded in the deed.

SALE DEED� is a legal written document executed by the vendor and the purchaser which evidences the sale and transfer of ownership of the tangible immovable property. A sale deed is governed by �The Registration Act, 1908� and is an important document for both the buyer or the transferee and the seller or the transferor. A sale deed is executed after the execution of the agreement to sell, and after compliance of various terms and conditions between the seller and the purchaser mutually. A sale deed is the main document which gives details of how the seller got the property, at what consideration the seller is selling the property and assurance to the purchaser that the property is free from any encumbrances, liabilities or indemnity clauses. A sale deed acts as a essential document for the further sale of the property by the purchaser as it establishes the proof of ownership of property.

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Answered on 10/15/13, 8:57 pm
Shrichand Nahar S.V.Nahar, Advocate

Nature of deed is decided by its contents and not by title. Check contents to know the nature of deed.

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Answered on 10/16/13, 12:00 am
Fca Prashant Chavan Expert Edge LLP

16.10.2013

Dear Sir / Madam,

In common parlance, Sale Deed and Transfer Deed are one and the same.

Regards,

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Answered on 10/16/13, 8:01 am


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