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 Considerati on Value/Circle Rate* ........ Rs. 20,00,00 20,00,000 0 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 SALE DEED is made at New New Delhi, on 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, executors, administrator administrators, s, 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
192
SALE DEED FOR HALF OF THE PROPERTY OR FLOOR OF A HOUSE IN NCT OF DELHI
VENDOR is entitled vide sub-clause (viii) of para 1 contained in the aforesaid Lease Deed to sub-divide and transfer the above SAID PROPERTY by part to any one without prior permission of the Lessor, i.e., President of India through the Land & Development Ofce (L&DO), Nirman Bhavan, New Delhi. AND WHEREAS the VENDOR now has agreed to sell, transfer, convey and part with the possession with all the leasehold rights pertaining to the HALF part of above SAID PROPERTY, which part hereinafter shall be called, M-102-B, Lajpat Nagar-III, New Delhi, measuring 100 sq. yds. (60’ x 15’) adjacent to the property No. M-103, Lajpat Nagar-III, New Delhi on the same terms and conditions as laid down in the original Lease Deed, dated 30-12-1968, unto the VENDEE for the total sale consideration of Rs. 20,00,000/- (Rupees Twenty Lacs only) and the VENDEE has agreed to purchase the same from the VENDOR for the said sale consideration amount. WHEREAS the above SAID PROPERTY under sale is bounded as under : EAST : Road/Park WEST : Service Lane NORTH : M-103, Lajpat Nagar-III, New Delhi SOUTH : M-101, Lajpat Nagar-III, New Delhi. AND WHEREAS after the execution of this SALE DEED the VENDOR shall be called as the Owner & Lessee of other half part of the above SAID PROPERTY which hereinafter shall be called M-102-A, Lajpat Nagar-III, New Delhi, measuring 100 sq. yds. (60’ x 15’) adjacent to Property No. M-101, Lajpat Nagar-III, New Delhi. AND WHEREAS the VENDOR has disclosed to the VENDEES that some amount of ground rent in respect of the entire property M-102, Lajpat NagarIII, New Delhi, in the books of the Lessor i.e. Land & Development Ofce (L&DO), Nirman Bhavan, New Delhi, is still to be settled. The VENDOR hereby undertakes to settle all the accounts at her own costs and expenses with the said Lessor. And in this context the VENDOR has left a sum of Rs. 50,000/(Rupees fty thousand only) with the VENDEES out of total sale consideration amount, as Security money to meet up any expenses which is to be incurred in the said regard and the balance shall be refunded to the VENDOR. AND WHEREAS the VENDOR has also agreed that the said sum of Rs. 50,000/- (Rupees fty thousand only) shall not be adjusted or refunded until and unless the mutation in the name of the VENDEES is carried out in respect of the above SAID PROPERTY under sale in the records of the L&DO. NOW THIS SALE DEED IS WITNESSETH AS UNDER : 1. That in pursuance of Agreement to Sell and in consideration of Rs. 20,00,000/- (Rupees Twenty Lacs only) out of which the VENDOR has already received Rs. 2,00,000/- (Rupees Two Lacs only) as advance part payment from the VENDEES for which the VENDOR hereby again acknowledges the receipt thereof. And the sum of Rs. 50,000/- (Rupees fty thousand only) is left with the VENDEES as Security money in the aforesaid manner for which the VENDEES hereby acknowledge the receipt thereof for the said amount. Now the remaining balance of Rs. 17,50,000/- (Rupees Seventeen Lacs Fifty Thousand only) is being received by the VENDOR from the VENDEES by way of Pay Orders/Banker’s Cheques/Demand Drafts, before the Sub-Registrar, New Delhi, on execution and registration of this SALE DEED. Now the VENDOR doth hereby sells, transfers, conveys and assigns all her rights, titles and interests with all leasehold rights in the above SAID PROPERTY hereby sold forever and absolutely to the VENDEES. 2. That the VENDOR hereby again assures the VENDEES that the proper-
SALE DEED FOR HALF OF THE PROPERTY OR FLOOR OF A HOUSE IN NCT OF DELHI
193
ty hereby sold is free from all kinds of encumbrances, such as sale, mortgage, gift, Will, lien, litigations, disputes, stay order, acquisition, loan, surety, security etc. etc. and if any defect in the right or title of the VENDOR is ever found otherwise, then the VENDOR shall be liable and responsible to indemnify all the losses/damages, which may be suffered or sustained by the VENDEES. 3. That the VENDOR is fully competent to sell, transfer the aforesaid property to anyone she likes and if some one else claims any right, title or interest in the SAID PROPER TY hereby sold as owner or otherwise raises any objection for the sale of the same, then the VENDOR shall be fully liable and keep the VENDEES harmless and indemnied for all losses/damages, etc. thus suf fered by the Vendees in all respects. 4. That all the dues such as House Tax, Water and Electricity Charges in respect of said property hereby sold shall be paid by the VENDOR upto the execution of this SALE DEED and thereafter the same shall be borne and paid by the VENDEES. 5. That the entire vacant and physical possession of the SAID PROPER TY hereby sold is being delivered to the VENDEES by the VENDOR. 6. That the VENDOR hereby admits and declares that the contents of this SALE DEED have been explained to her in her own language and she found all the terms to her entire satisfaction. 7. That the VENDOR shall also always cooperate to get the mutation effected in the names of the VENDEES by virtue of this SALE DEED in the ofce of the L&DO, Nirman Bhavan, New Delhi. 8. That the VENDOR has also undertaken to get the certied copies of original Lease Deed from the ofce of the Sub-Registrar, New Delhi, at her own costs and expenses and the original Lease Deed shall be kept with the VENDOR and she will present the same to any department as and when required by the VENDEES. 9. That the expenses for this SALE DEED such as Stamp Duty, Corporation Tax or T ransfer Duty, Registration Fee, etc., have been borne and paid by the VENDEES. IN WITNESS WHEREOF the VENDOR have signed this SALE DEED on the day, month and year rst above written, in the presence of the following witnesses. WITNESSES : 1. 2.
VENDOR.
VENDEE. __________
Transfer of Immovable Property only by registered Sale-Deed not GPA/SPA : For Transfer of Immovable Property, the Registered Deed of Conveyance or 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. Stamp Duty & Circle Rates in Delhi : See detailed Notes on Rates of Stamp Duty in Delhi [Schedule 1-A] to the Indian Stamp Act, 1899 (Central Act 2 of 1899) as ap-
194
SALE DEED FOR FLOOR OF A HOUSE TO WOMAN IN DELHI
plicable 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) & the Indian Stamp (Delhi Amendment) Act, 2010 (Delhi Act 9 of 2010) (w.e.f. 2-7-2010), Sale Deed: Rates of Stamp Duty for Male/Female Vendees in Delhi, Minimum Circle Rates in Delhi (w.e.f. 16-11-2011), Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty, to be stated in the Instrument/Conveyance or Sale Deed in view of Section 27 of the Indian Stamp Act, 1899 as applicable and in force in the NCT of Delhi, List of Colony-Category in Delhi for Calculation of Circle Rates for Stamp Duty [the Government of NCT of Delhi website http://www.delhi.gov.in], etc., at the end of the preceding Form. 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. _____________
Form No. 14
Sale Deed for Floor of a House to Woman in Delhi SALE DEED FOR RS. 9,50,000 Consideration Value/Circle Rate* Stamp Duty Paid @ 2%† Corporation Tax/Transfer Duty Paid @ 2% Total
........ ........ ........ ........
Rs. 9,50,000 Rs. 19,000 Rs. 19,000 Rs. 38,000
[*See Calculation of Value with regard to Circle Rate in Delhi for Payment of Stamp Duty & Transfer Duty in preceding Forms †Sale Deed for Floor of a Property/House through Vendor’s Attorney to a Woman in NCT of Delhi (Vendee being Woman/Female] THIS SALE DEED is executed at NEW DELHI, on this ....... day of ....... 20.... by Shri ............ S/o Shri .......... R/o ..........., as duly constituted GENERAL ATTORNEY of Smt. ........... W/o Shri .......... R/o ........., vide G.P.A. regd. as Document No. ........ in Addl. Book No. ........, Volume No. ........., on pages ...... to ...... on ........ 20...., in the Ofce of the Sub-Registrar, New Delhi, who is also duly constituted General Attorney of Owners (1) Shri ........ S/o Shri ........ R/o ....... (2) Smt. ........ W/o Shri ........ R/o ...... and (3) Shri ......... S/o Shri .......... R/o ........., vide G.P.A. regd. as Document No. ........ in Addl. Book No. ......., Volume No. ......., on pages ...... to ...... on ......... 20..... in the ofce of the Sub-Registrar, New Delhi, hereinafter called the “VENDORS”; IN FAVOUR OF:— Smt. ................................... W/o Shri ............................... R/o .............. .................., hereinafter called the “VENDEE”; The expressions of the VENDORS and the VENDEE herein used shall mean and include them, their legal heirs, legal representatives, successors, nominees, executors, administrators and assignees. WHEREAS the VENDORS purchased the property bearing No. M-102, Lajpat Nagar-III, New Delhi-110024, measuring about 100 sq. yds., as per
