186
Form No. 12
Sale Deed for Immovable Property in Delhi Consideratio n Value/Circle Rate* Consideration Stamp Duty Corporation Tax Total Stamp
Rs. ....... ............... ............./...../Rs. ..................../Rs. ..................../Rs. ..................../-
* Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty Total Area of Plot/Flat ........................ ................................................. ............................. .... Sq. Meters Cost of Land ..................... ............................................. ................................................ ........................ Built up area………………………………………………Sq. Meters Number of Floors constructed/semi constructed Category ..................... ............................................. ................................................. ............................... ...... User Type ...................... .............................................. ................................................. ............................ ... Year of Construc Construction tion ..................... ............................................. .................................... ............ Cost of Constructio Construction n ........................ ................................................ .................................. .......... Total value as per Circle Rate: i.e. Cost of land X Use factor + Cost of Construction X Age factor X Type of construc construction.† tion.† This SALE DEED is executed executed at New Delhi on this ............................ ............................ day of ........................ 20........ by Shri/Smt./ Shri/Smt./Ms. Ms. ................................................. ................................................. ..................... S/o, W/o, D/o ........................................ ........................................ R/o ........................ .......................... .. ........................................., ...................... ..................., hereinafter called “THE VENDOR”. IN FAVOUR OF Shri/Smt./Ms. Shri/Smt./M s. ........................ ................................................ ........................... ... S/o, W/o, D/o ............. .................... R/o ........................ ................................................ ................................................, ........................, hereinafter called “THE VENDEE”. The expression of the terms the ‘VENDOR’ and the ‘VENDEE’ wherever they occur in the body of this SALE DEED, shall mean and include them, their legal heirs, successors, legal representatives, administrators, executors, transferee(s), beneciary(ies), legatee(s), probatee(s), nominees and assignee(s). ................................................. ........................ ................................................. ................................................ ....................................... ............... ................................................. ........................ ................................................. ................................................ ....................................... ............... AND WHEREAS in the manner aforesaid, the VENDOR herein became the sole, absolute and exclusive owner of the SAID PROPERTY, which is the exclusive property of the VENDOR and the VENDOR has full right, absolute authority to sell, dispose off of f and transfer the same in whole or in parts and none else except the VENDOR has any right, title or interest in the same. AND WHEREAS the VENDOR for his bona de needs need s and requirements has agreed to sell, convey, transfer and assign to the VENDEE and the VENDEE has agreed to purchase the SAID PROPERTY i.e. with all rights of easements easements,, patent or latent, including rights of way and access enjoyed and reputed to be
SALE DEED FOR IMMOVABLE PROPERTY IN DELHI
187
enjoyed in respect of the SAID PROPERTY together with all rights in electricity, water, sanitary, ttings, xtures, connections, lawns, compound, wall etc., structure standing thereon, with all rights of ownership and possession, for a total sale consideration of Rs. .................................... (Rupees ...................... ....................................................) NOW THIS SALE DEED WITNESSETH AS UNDER : 1. That in consideration of the sum of Rs. .............................................. ........... (Rupees ..........................................................................), which has been received by the VENDOR from the VENDEE, in the following manner:— (a) ................................................................................................... ................................................................................................... (b) ................................................................................................... ................................................................................................... the receipt of which the VENDOR hereby admits and acknowledges, in full and nal settlement, the VENDOR doth hereby grant, convey, sell, transfer and assign all his rights, titles and interests in the SAID PROPERTY, i.e. (............ ................................), with all the rights of ownership, possession, easement, privileges and appurtenances, with all ttings, xtures, connections, structure standing thereon free from all encumbrances unto the VENDEE, TO HAVE AND TO HOLD the SAID PROPERTY hereby sold to the VENDEE absolutely and forever. 2. That the actual peaceful, physical vacant possession of the SAID PROPERTY has been delivered by the VENDOR to the VENDEE, on the spot. 3. That the VENDOR hereby conrms admits and acknowledges that he has been left with no right, title, interest, claim or lien of any nature whatsoever in the SAID PROPERTY, hereby sold, and the same has become the absolute and exclusive property of the VENDEE and VENDEE shall be at liberty to deal with the same in the manner he/she likes and free to use, enjoy, sell, gift, mortgage, lease and transfer the same by whatever means it likes, without any interference, hindrance, demand, objection, claim or interruption by the VENDOR or any person(s) claiming under or through him/her or in trust for him/her. 4. That the VENDOR hereby assures the VENDEE that he/she has neither done nor been party to any act whereby his rights and title to the SAID PROPERTY, in any way be impaired or whereby he/she may be prevented from transferring the SAID PROPERTY. 5. That the VENDOR hereby declares and represents that the SAID PROPERTY is and never was a subject matter of any HUF/WAKF and that no part of the SAID PROPERTY is owned by any minor and nobody has any right, title or interest of any kind whatsoever in the SAID PROPER TY and further none else other than the VENDOR has any right, title or interest of any kind whatsoever in the whole or any part of the SAID PROPERTY and further there is no impediment in the VENDOR’S right to execute this SALE DEED. 6. That the VENDOR hereby further assures, represents and covenants with the VENDEE as follows:— (a) That the SAID PROPERTY is free from all liens, mortgages, charges and encumbrances and lis-pendens and there are no notices of attachments, acquisition or requisition or notices thereto, relating to the said property. (b) That the VENDOR has good and marketable title to the said property and none other than the VENDOR has any interest, right, title thereto.
188
SALE DEED FOR IMMOVABLE PROPERTY IN DELHI
(c) That there are no outstanding government dues of whatsoever nature including the attachment by the Income Tax Authorities or under any law in force, in respect of the SAID PROPERTY. (d) That the VENDOR has not entered into any Agreement with any other person(s) for the sale of the SAID PROPER TY. (e) That there is no legal impediment or bar whereby the VENDOR can be prevented from selling, transferring and vesting the absolute title in the SAID PROPERTY, in favour of the VENDEE. 7. That the VENDOR assures the VENDEE that the SAID PROPERTY is free from all kinds of encumbrances such as prior Sale, Gift, Mortgage, Will, Trust, Exchange, Lease, legal aws, claims, prior Agreement to Sell, Loan, Surety, Security, lien, court injunction, litigation, stay order, notices, charges, family or religious dispute, acquisition, attachment in the decree of any court, hypothecation, Income Tax or Wealth Tax attachment or any other registered or unregistered encumbrances whatsoever, and if it is ever proved otherwise, or if the whole or any part of the said property is ever taken away or goes out from the possession of the VENDEE on account of any legal defect in the ownership and title of the VENDOR then the VENDOR shall be liable and responsible to indemnify and to make good the loss suffered by the VENDEE and keep the VENDEE saved, harmless and indemnied against all such losses and damages suffered by the VENDEE. 8. That the VENDOR hereby further covenants with the VENDEE that in case the SAID PROPERTY hereby sold or any part thereof, is lost from the VENDEE on account of any legal defects in the title of VENDOR’s right and title or the possession or quiet enjoyment of the SAID PROPERTY by the VENDEE in any way is disturbed on account of some act or omission of the VENDOR or if any one else claims any right, title and interest paramount to the VENDOR, then the VENDOR shall be liable and responsible for all the losses, damages, costs and expenses sustained by the VENDEE. 9. That the VENDEE shall be at liberty to get the SAID PROPERTY mutated in its own name in the records of Municipal Corporation of Delhi (MCD), DJB, BSES Rajdhani Power Limited, Revenue Records and other concerned authorities. 10. That the sale consideration include the consideration for electricity and water connection and the security deposits made with the said departments. The VENDEE shall be entitled to get the existing electricity and water connections transferred in its favour along with the security deposit with BSES Rajdhani Power Limited (BRPL), water Department etc. 11. That the VENDOR agrees and undertakes to sign and execute any required documents for transfer of ownership, title of the SAID PROPER TY in favour of the VENDEE in the records of Municipal Corporation of Delhi, Delhi Jal Board, BSES Rajdhani Power Limited, Revenue Records or any other concerned authorities. 12. That the house tax, water and electricity charges, and other dues and demands of whatsoever nature if any payable in respect of the said property shall be borne and paid by the VENDOR upto the date of handing over the possession to the VENDEE and thereafter the VENDEE will be responsible for the payment of the same. 13. That all the relevant documents in original in respect of the said property have been handed over by the VENDOR to the VENDEE. 14. That all the expenses of this SALE DEED viz. registration charges etc.
SALE DEED FOR IMMOVABLE PROPERTY IN DELHI
189
have been borne and paid by the VENDEE. The VENDEE shall have the right to collect the original Sale Deed from the ofce of the Sub-Registrar. 15. That this transaction has taken place at New Delhi and as such Delhi Courts shall have exclusive Jurisdiction to entertain any dispute arising out or in any way touching or concerning this SALE DEED. IN WITNESS WHEREOF, the VENDOR and the VENDEE have signed this SALE DEED at New Delhi on the date rst mentioned above in the presence of the following witnesses: VENDOR. WITNESSES : 1. VENDEE. 2. ––––––––––––––––––– Notes : Rates of Stamp Duty in Delhi [Schedule 1-A] : Relevant Article 23 of Schedule 1-A to the Indian Stamp Act, 1899 (Central Act 2 of 1899) as applicable and in force in the National Capital Territory of Delhi (NCT) as amended by the Indian Stamp (Delhi Amendment) Act, 2007 (Delhi Act 10 of 2007) and the Indian Stamp (Delhi Amendment) Act, 2010 (Delhi Act 9 of 2010) (w.e.f. 2-7-2010), inter alia, prescribes the following Rates of Stamp Duty on Conveyance or Sale Deed in the NCT of Delhi: Rates of Stamp Duty in Delhi The Indian Stamp Act, 1899 (2 of 1899) as in force in the NCT of Delhi [As amended by the Indian Stamp (Delhi Amendment) Act, 2010 (Delhi Act 9 of 2010) (w.e.f. 2-7-2010)] SCHEDULE 1-A Article 1
[23.
Description of Instrument
Proper Stamp Duty
CONVEYANCE as dened by Section 2(10) not being a transfer charged or exempted under No. 62.
3% of the consideration amount set forth in the Instrument. Further reduced to 2% in respect of individually/jointly held immovable property by woman/women (Provided that in cases of jointly held immovable property, the reduced rate of stamp duty shall apply only to the share(s) held by woman/women).]
Sale Deed : Rates of Stamp Duty for Male/Female Vendees in Delhi : Stamp Duty and Transfer Duty @ 4% (2% Stamp Duty + 2% Corporation Tax) if the Vendee is a woman, i.e., the property is purchased in the name of Female(s) and @ 6% (3% Stamp Duty + 3% Corporation Tax) if the Vendee is a man, i.e., the property is purchased in the name of Male(s). 1.
Article No. 23 of Schedule 1-A of the Indian Stamp Act, 1899 (Central Act 2 of 1899), as in force in the National Capital Territory of Delhi (NCT), substituted by the Indian Stamp (Delhi Amendment) Act, 2007 (Delhi Act 10 of 2007) (w.e.f. 20-11-2007) vide Notication No. F.5(111)/Fin(T&E)/2007-08/JSFin/159, dated 19-11-2007, published in the Delhi Gazette, Part IV, Extraordinary, Government of National Capital Territory of Delhi, Finance (Taxes & Establishment) Department, Delhi Secretariat, New Delhi.
190
SALE DEED FOR IMMOVABLE PROPERTY IN DELHI
See Stamp Duty & Registration in Delhi in relevant later Chapter under
respective later Part on Stamp Duty, eStamping & Registration of Deeds & Documents. Minimum Circle Rates in Delhi (w.e.f. 16-11-2011) : See Minimum Circle Rates for Valuation of Land/Immovable Property in Delhi (revised w.e.f. 1611-2011) in respective later Chapter on Stamp Duty & Registration of Deeds & Documents in Delhi and work out the Stamp Duty payable on Conveyance or Sale Deed in Delhi as per recent Rates as follows: * Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty Total Area of Plot/Flat ..................................................... Sq. Meters Cost of Land ..................................................................... Built up area………………………………………………Sq. Meters Number of Floors constructed/semi constructed Category ............................................................................ User Type .......................................................................... Year of Construction ......................................................... Cost of Construction .......................................................... Total value as per Circle Rate: i.e. Cost of land X Use factor + Cost of Construction X Age factor X Type of construction. [In view of Section 27 of the Indian Stamp Act, 1899 (2 of 1899) as applicable and in force in the National Capital Territory (NCT) of Delhi the consideration and other facts relating to chargeability of Stamp Duty, e.g., Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty must be stated in the Instrument/Sale Deed]. [See Notication No. F.1(152)/Regn.Br./Div.Com./HQ/2011/919, dated 15-11-2011, published in Delhi Gazette, Extraordinary, Part IV, Govt. of NCT of Delhi, Revenue Department, reproduced in relevant later Chapter on Stamp Duty & Registration in Delhi under respective later Part on Stamp Duty, eS tamping & Registration of Deeds & Documents]. List of Colony-Category in Delhi for Stamp Duty : See List of Colonies in Categories A to H in the NCT of Delhi for Calculation of Circle Rates for Stamp Duty on the Government of National Capital Territory (NCT) of Delhi website http://www.delhi.gov.in. Stamp Duty & Registration in Delhi : See Rates of Stamp Duty in Delhi [Schedule 1-A] to the Indian Stamp Act, 1899 (Central Act 2 of 1899) as applicable and in force in the National Capital Territory (NCT) of Delhi as amended by the Indian Stamp (Delhi Amendment) Act, 2010 (Delhi Act 9 of 2010) (w.e.f. 2-7-2010), Stamp Duty, eStamping & Registration of Deeds & Documents in Delhi in respective later Part/Chapter of this Book. Stamp Duty, eStamping & Registration : See the Indian Stamp Act, 1899 (2 of 1899), Rates of Stamp Duty in various States, eStamping and Compulsorily & Optionally Registrable Documents under the Registration Act, 1908 (16 of 1908), with ofcial websites, in respective later Part/Chapters on Stamp Duty, eStamping & Registration of Deeds & Documents. Transfer of Immovable Property only by regd Sale-Deed not GPA/SPA : For Transfer of Immovable Property, the Registered Deed of Conveyance or
SALE DEED FOR HALF OF THE PROPERTY OR FLOOR OF A HOUSE IN NCT OF DELHI
191
Sale-Deed is the only mode of legal transfer. General Power of Attorney (GPA) sales or Sale Agreement or Will transfers are not valid mode of transfer and shall not create title to or interest in the property. However, genuine Powers of Attorney (PoA) and transactions shall not be affected. [Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, (2012) 169 Comp Cas 133 (SC) : AIR 2012 SC 206 : (2012) 340 ITR 1 (SC) : See Preliminary Notes earlier in this Chapter]. Deeds of Conveyance or Sale Deeds : See Forms of Deed of Conveyance or Sale Deed for Sale of Immovable Properties in preceding & succeeding Forms to this Chapter. __________
Form No. 13
Sale Deed for Half of the Property or Floor of a House in NCT of Delhi SALE DEED FOR RS. 20,00,000 Consideration Value/Circle Rate* ........ Rs. 20,00,000 Stamp Duty @ 3% ........ Rs. 60,000 Corporation Tax @ 3% ........ Rs. 60,000 †Total ........ Rs. 1,20,000 [*See Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty in the preceding Form] THIS SALE DEED is made at New Delhi, on this ................................ day of ................ 20......, by Smt. ...................................., W/o Shri .................. ........................ R/o M-102, Lajpat Nagar-III, New Delhi-110024, hereinafter called the ‘VENDOR’ (which expression shall, unless the context otherwise requires, mean and include the said VENDOR, her legal heirs, legal representatives, successors, executors, administrators, nominees and permitted assigns) of the one part. IN FAVOUR OF (1) Shri ................................, S/o Shri .........................., R/o................... ........... and (2) Smt. ..............................., W/o Shri .........................., R/o...... .............................., and (2) Shri ........................., S/o Shri ..................., R/o .......................... hereinafter called the ‘VENDEES’ (which expression shall, unless the context otherwise requires, mean and include the VENDEES, their legal heirs, legal representatives, successors, executors, administrators, nominees and permitted assigns) of the other part. WHEREAS the VENDOR is the absolute owner and lessee and in possession of PROPERTY bearing No. M-102, Lajpat Nagar-III, New Delhi, measuring 200 sq. yds. (60’ x 30’), built-up as Government Built Property and the same is acquired by the said VENDOR by virtue of Lease Deed, dated 30-12-1968 with the Lessor (L&DO), duly registered as Document No. ......., in Addl. Book No. I, Volume No. .......... on pages ........ to ........ on 6-2-1969, in the ofce of the Sub-Registrar, New Delhi. AND WHEREAS by virtue of said Lease Deed, dated 30-12-1968 in respect of above SAID PROPERTY, i.e., M-102, Lajpat Nagar-III, New Delhi the
