Agreement to sell

The Agreement to Sell is a contractual document where the seller has committed to sell the property to the buyer at a future date upon fulfilling specific conditions

1

Drafting

Our NRI expert lawyers will thoroughly understand the transaction and terms, drafting an agreement that aligns with the contract between the buyer and seller while incorporating key clauses specific to NRI needs. The draft agreement is shared with the client, followed by a call with the lawyer for finalization, if necessary.

Schedule a paid call of 30 mins with our consultant
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2

Review

India for NRI offers a review service where our expert lawyers will carefully examine the agreement and provide their observations, if any.

Schedule a paid call of 30 mins with our consultant
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3

Registration

Once a full proof Agreement to sell is drafted, next step is to register at local SDM or notarize it. Although it is not mandatory for the agreement to be registered but it is advisable since it avoids future legal disputes. Registration is done at the local SDM office in India where the property is located, if You are physially present in india, you can visit the SDM office yourself or you can issue a power of attorney in india in favour of your relative/kin in india.

Schedule a paid call of 30 mins with our consultant
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Design Your Package

Agreement to sell

Price

Drafting
$60
Review
$50
Registration
$250

Total Value

Base - basic :$100

Base Price :$0

Total Amount :$0

Power of Attorney

Price

Drafting of POA
$60
Notarisation & Attestation
$200
Registration of POA
$200

Total Value

Base - basic :$100

Base Price :$0

Total Amount :$0

Documents Required

Valid ID proof of Seller

Valid ID proof of Buyer

Details of Property to sold

Terms of property sale transaction

Power of attorney, if available

Submit your Query

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Frequently Asked Questions

  • Yes, an Agreement to Sell is a legally binding contract that outlines the rights and obligations of both the buyer and seller.

  • Important clauses to include in an Agreement to Sell include identification of the parties, description of the goods or services, purchase price, payment terms, delivery terms, warranties and representations, termination clause, dispute resolution mechanism, and governing law.

  • No, it is not mandatory to register an Agreement to Sell. However, it is advisable to register the agreement to sell to avoid any future legal disputes.

  • Yes, an Agreement to Sell can be cancelled by mutual consent of both the buyer and seller or by following the terms specified in the agreement to sell.

  • Breaching an Agreement to Sell can result in legal action, such as a lawsuit, for damages and other remedies as specified in the agreement or under the applicable laws.

  • Key elements to check in an Agreement to Sell include details of the parties involved, description of the property, sale price and payment terms, possession date, conditions precedent and subsequent, representations and warranties, an indemnity clause, and clauses detailing dispute resolution and contract termination.

  • No, NRIs can issue a power of attorney for the execution of the sale agreement in India.

  • If the buyer is not taking a loan, you can proceed directly to executing the Sale Deed after receiving full payment.

  • This agreement usually involves the buyer paying an initial contribution, typically around 20% of the property's value, along with the stamp duty.

  • Generally, an NRO account is used for taking property payments.

  • In case there are 2 sellers (i.e., co-owners), both of them would be required to file Form 13 separately for reducing the TDS rates.