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A brief introduction on Sale / Purchase Deed in India

Offer and Acceptance: The sale and purchase transaction begins with an offer from the seller to sell the property at a specified price and terms. The buyer must accept this offer unconditionally for a valid contract to be formed. Acceptance can be communicated orally or in writing.

Consideration: Consideration refers to the price or value agreed upon by the parties for the property being sold. It is essential for the validity of the contract. Consideration can be monetary or non-monetary (e.g., exchange of goods or services).

Legal Formalities: A valid sale and purchase agreement must comply with certain legal formalities. These include the agreement being in writing, signed by both parties, and stamped as per the Stamp Act to make it legally enforceable.

Title and Ownership: The seller must have legal ownership (title) of the property being sold and possess the right to transfer it to the buyer. It is crucial for the buyer to verify the seller's title through due diligence to avoid future disputes.

Registration: Sale and purchase agreements for immovable properties (land, buildings, etc.) must be registered with the appropriate government authority (Sub-Registrar of Assurances) as per the provisions of the Indian Registration Act, 1908. Registration provides legal validity to the transaction and protects the buyer's interests against third-party claims.

Adhering to these points ensures that the sale and purchase transaction is legally sound and protects the rights of both the seller and the buyer under Indian law.