INSTRUCTIONS TO USE THE MODEL DEEDS
1. The given template is meant as a guide to the citizens for preparation of similar deed.
2. Any citizen intending to use this model deed shall carefully draft the deed by adding / deleting clauses provided in the model deed with or without amendments as may be required.
3. Information i.e., name, father’s / spouse name and address of all parties to the deed should be explicitly and accurately provided in the deed in the space earmarked for the purpose.
4. To add additional parties to the deed, copy the relevant clause (Vendor or Purchaser) and add the same with details of additional parties.
5. Details of the scheduled property should be clearly and accurately mentioned in the space earmarked for the same. The description of the scheduled property should be provided in a manner that makes the identification of the property feasible as per existing land records (as mentioned in Jamabandi / Chitha). The classification of land may also be mentioned therein.
6. It is recommended that the flow of title should be chronologically mentioned in the deed. For e.g. how the present Vendor / Owner received title over the scheduled property whilst mentioning ancillary documents, court judgements, inheritance, gift etc.
7. The entire consideration amount should be accurately mentioned in Indian Rupees alongwith mode of payment i.e. instrument number and date / schedule of payment.
8. As per existing rules, NOC for Transfer of Immovable Property shall be obtained by the Vendor before execution of the Sale / Gift deed, failing which, the request for registration of deed is liable to be rejected by the Sub-Registrar.
9. The final deed should be signed by all parties to the deed i.e. all Vendor(s) and Purchaser(s), alongwith atleast 2 (two) witnesses. The witnesses are required to mention their Name, Father’s Name and Address alongwith their Signature.
10. All details mentioned herein should be checked for accuracy and misstatements. If any material misstatement(s) leads to loss of revenue for the state ex-chequer, all parties to the deed are liable to be prosecuted as per applicable law.
DISCLAIMER: THE GOVT. OF ASSAM OWNS NO RESPONSIBILITY FOR THE CLAUSES / COVENANTS USED IN THE MODEL DEEDS AS THEY ARE ADOPTED FROM STANDARD PRACTICES. THESE MODEL DEEDS ONLY ACT AS A GUIDELINE FOR THE CITIZENS AND IT IS LEFT TO THE PRUDENT JUDGEMENT OF THE PARTIES TO USE THEM WITH OR WITHOUT MODIFICATIONS.
CITIZENS ARE THEREFORE ADVISED TO TAKE DUE CARE IN PREPARATION OF LEGAL DEEDS TO ACCURATELY AND ADEQUATELY RECORD LEGAL RIGHTS AND OBLIGATIONS.
SALE DEED
This DEED OF SALE is executed on this ….(date of execution of deed)... day, of ….(month)…., …..(year)...., by:
…….(Name of the Vendor).. s/o….(Father’s name)…, residing at…….(Address)… hereinafter called the VENDOR of the ONE part, which expression wherever the context so requires shall mean and include his heirs, executors, administrators, legal representatives, successors etc.
IN FAVOUR OF
….(Name of the Purchaser)…s/o….(Father of the purchaser)… residing at…...(Address)… hereinafter called the PURCHASER of the OTHER part which expression wherever the context so requires shall mean and include his heirs, executors, administrators, legal representatives, successors etc.
WHEREAS the VENDOR herein is the absolute owner of the property more fully described in the schedule here-under and has been in exclusive possession and employment of the said property. Being so, the VENDOR has absolute right to dispose of the same in the manner as he wishes;
AND WHEREAS and the Vendor is in need of funds in order to meet his personal commitments has decided to sell the property more fully described in the schedule here-under for a sum of Rs. (rupees in figures) /- (rupees in words) only and the PURCHASER herein has also agreed to purchase the same for the said price and to the effect into an agreement to sell dated…..(effective date)
NOW THIS DEED OF SALE WITNESSETH:-
THAT in pursuance of the aforesaid agreement and in consideration of a sum of Rs. (rupees in figures) /- (rupees in words) only received by the VENDOR in Cash / Cheque no. …..(provide cheque no.) dated (date of cheque) and the receipt of the said entire consideration of Rs. (rupees in figures) /- (rupees in words) only, the VENDOR doth hereby admit, acknowledge, acquit, release and discharge the PURCHASER from making further payments thereof and the vendor doth hereby sell, convey, transfers and assigns unto and to the PURCHASER, the property more fully described in the schedule here-under together with the water ways, easements, advantages and appurtenances, and all estate, rights, title and the interest of the VENDOR to and upon the said property TO HAVE AND TO HOLD the said property hereby conveyed unto the PURCHASER absolutely and forever.
THE VENDOR DOTH HEREBY COVENANT WITH THE PURCHASER AS FOLLOWS:-
1. THAT the property more fully described in the Schedule here-under shall be quietly and peacefully entered into and held and enjoyed by the PURCHASER without any interference, interruption, or disturbance from the VENDOR or any person claiming through or under him.
2. That the VENDOR has absolute right, title and full power to sell, convey and transfer unto the PURCHASER by the way of absolute sale and the VENDOR has not done anything or knowingly suffered anything whereby his right and power to sell and convey to the PURCHASER the property hereby conveyed has been extinguished or affected.
3. That the property is not subjected to any encumbrances, mortgages, charges, lien, attachments, claim, demand, acquisition proceedings by government or any kind whatsoever.
4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has paid all the taxes, rates and other outgoing due to local bodies, revenue, urban and other authorities in respect of the property more fully described in the schedule here-under up to the date of execution of this sale deed and the PURCHASER shall bear and pay the same hereafter. If any arrears are found due to the earlier periods, the same shall be discharged.
5. That the VENDOR has handed over the vacant possession of the property more fully described in the schedule here-under to the PURCHASER and delivered the connected original title documents in respect of the schedule mentioned property hereby conveyed on the date of execution of these presents.
6. That the VENDOR will at the cost of the PURCHASER execute, register or cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in the property hereby sold and conveyed herein.
7. That the VENDOR do hereby covenants and assures that the PURCHASER is entitled to have mutation of his name in all public records, local body and also obtain patta in the name of the PURCHASER and undertakes to execute any deed on this respect.
SCHEDULE OF PROPERTY:-
Land measuring ……….. bighas ……… katha ……….. lesas, covered by Dag No. ……. K.P. Patta no. ……….. situated at……… Mouza …….Village ………District, with the boundary as mentioned below:-
North:-
South:-
East:-
West:-
IN WITNESS WHEREOF the VENDOR and the PURCHASER have set their signatures on the day month and year first above written.
WITNESSES: SIGNATURE
1) VENDOR
2) PURCHASER