The sale deed is a document executed by the seller (executant) of the property in favour of the buyer (claimant. Each State has a prescribed rate of stamp duty and registration fees to be paid at the time of registration of a sale deed.
In a sale deed, the photographs and thumb impressions of the seller and purchaser are taken digitally by the respective State Government Department (In Chhattisgarh and Kerala, the photos are still manually affixed).
In certain States, the photo of the witness (or) identifier is also affixed. In Maharashtra, Kerala, Jharkhand, West Bengal, and Madhya Pradesh, the particulars of the seller, purchaser, property details, sale consideration amount, stamp duty payment details, and witness details should be entered online prior to the registration of the deed.
Precautions to be taken
1. Ensure that the stamp duty prescribed by the State has been paid in the sale deed. Either the entire stamp duty should be paid in the form of stamp papers, demand draft or e-stamping mode. The copy of the demand draft and e-payment challan must also be made available.
2. Check that signatures of the sellers and buyers are affixed. Previously only sellers were affixing their signatures.
3. The deed should be numbered.
4. The document must not have any conditions.
5. Check whether the seller has agreed to indemnify the buyer in case if any problem in the title arises at a later date.
6. Ensure that the description of the property (schedule of property) is in order.
7. The title flow to the property along with the documents evidencing title to the sellers must be correctly mentioned.
8. In case of the execution of the sale deed by virtue of a power of attorney (POA), ensure that the power agent has the necessary authority to execute the deed, the POA is in force and not revoked, and that the principal is alive.
The writer is a Chennai-based advocate and author of ‘Property Registration, Land Records and Building Approval Procedures Followed in Various States in India’
