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Home / Legal / Sale Agreement / What is the difference between the registration of agreement of sale and sale deed?
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What is the difference between the registration of agreement of sale and sale deed?

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1 2022-08-12T14:28:05+00:00
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Hey, My cousin has recently sold his flat and I was there with him during the entire process, I can tell you the difference between registration of agreement to sale and sale deed. Hire NoBroker’s Legal Experts if You Need Help in Drafting or Registering a Sale Agreement! An agreement to sell is a promise of a future transfer of property ownership whereas a sale deed is an actual transfer of property ownership. The sale agreement basically comes before the sale deed, which is executed and signed by the buyer and the seller on non-judicial stamp paper. To execute a sale deed, the buyer needs to pay a registration fee and stamp duty. The sale deed registration concludes the property buying process. If you have bought any property under a sales agreement and got possession, the title of the property remains with the property owner, unless a sale deed subsequently has been executed and registered. So, a title of a property can only be transferred by a sale deed. In there’s no duly registered and stamped sale deed, no interest, title, or right in immovable property, accrue to the property’s buyer. You will learn about the difference between these terms in this answer: What is the Difference Between Sales Agreement and Sale Deed Registration? Read more: What is the Cost for Agreement to Sell Registration?  

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1 2024-04-18T00:03:22+00:00
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Let’s delve into the difference between agreement for sale and sale deed in the context of real estate transactions in India:

Agreement of Sale:

  • Definition: An Agreement of Sale is a contract between two or more parties where one party agrees to sell an asset (such as property) to the other party.

  • Purpose: It establishes the terms and conditions under which the property will be sold.
  • Form: The agreement must be in writing and signed by both parties.
  • Status: It is a preliminary contract that outlines the intention to sell.
  • Transfer: The actual transfer of ownership does not happen through the agreement itself.
  • Cost: It is cheaper than a Sale Deed.
  • Registration: It can be registered with the government.
  • Amendments: It can be amended if necessary.

Sale Deed

  • Definition: A Sale Deed is a formal legal document that transfers the title of an asset (property) from the seller to the buyer.
  • Purpose: It concludes the property sale process.
  • Execution: It is executed and signed by both the buyer and the seller on non-judicial stamp paper.
  • Transfer: It immediately transfers the property ownership.
  • Applicability: It can be used for property transactions between private individuals as well as between a private individual and the government or a company.
  • Registration: It must be registered with the local registrar’s office.
  • This is the basic difference between agreement to sale and sale deed. In summary, while the Agreement of Sale sets the terms and conditions, the Sale Deed is the final legal document that facilitates the actual transfer of ownership. If you’re involved in a property transaction, understanding these distinctions is crucial.

I hope you understand the difference between sale agreement and sale deed.

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What is the Difference Between Sales Agreement and Sales Registration

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1 2023-08-30T12:54:08+00:00
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A legal contract must be used to protect the transaction when purchasing or selling property. The type of contract that is executed and its terms, however, may vary depending on the parties' agreement. The 2 types of contracts are, a sale agreement, and a sale deed. An agreement is therefore prepared based on the specifics of the transaction between the buyer and seller. Hence, let us examine the difference between sale deed and agreement for sale.

What is the difference between sale deed and registration?

Points of difference between registry and sale deed Agreement of sale Sale deed

Transfer

It signifies the property will be transferred in the future.

It denotes an immediate transfer of the property title.

Risk involved

Until the property is transferred, the seller is still responsible for all risks and responsibilities.

The new buyer bears the risk right away.

Contract

It is an executory contract, meaning that its terms are not currently being fully carried out.

It is an executed contract

Violation

A lawsuit for damages and contract termination can be a result of a breach of the sale agreement.

A legal complaint and monetary damages are awarded in the event of a sale deed breach

Registration

All states have different requirements for registering sales agreements.

Registration of a selling deed is required

I hope this table would help you in understanding the difference between sale deed and registry.

If you are still unsure about the difference between sale deed and registration, you can seek legal counsel. I hope this helps.

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Read More:

Is sale deed necessary for home loan? What is Sale Deed Number?  Registered Sale Deed: Meaning, Importance and Process

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