What is this service?
A pre-sale contract that binds the parties to complete the sale on agreed terms.
An agreement to sell records the intent to transact, the consideration, the advance paid, the conditions each party must satisfy and the timeline for executing the sale deed. It is the document that protects both sides while title verification, loan processing and documentation are underway.
Why and when you need it
- Why
- It fixes price, advance, conditions and remedies before large sums change hands.
- Who needs it
- Buyers paying an advance and sellers accepting one, in any property transaction.
- When
- Before paying a token advance or booking amount, and well before the sale deed.
Required documents
- Title documents of the seller for verification
- Khatha certificate and extract
- Latest property tax paid receipts
- Encumbrance Certificate
- Approved building plan or layout approval, where applicable
- Identity proofs of both parties
Identity and supporting documents
- PAN card of each applicant or party
- Aadhaar card or another government photo identity and address proof
- Passport-size photographs
- For companies and associations: incorporation documents, board resolution and authorisation letter
Step-by-step procedure
- Verify title and records before drafting
- Record consideration, advance, payment schedule and completion timeline
- Record conditions precedent - clear title, approvals, loan sanction, society NOC where applicable
- Record default and refund consequences on both sides
- Stamp the agreement correctly and have it signed with witnesses
Fees, stamp duty and timelines
- Government fee
- Government fees, where applicable, are paid only on the official portal or at the government office. Confirm the current amount on the official portal before payment.
- Assistance charges
- Professional assistance charges are quoted after understanding your requirement. Government fees and SRCHN service charges are always shown separately. Confirm the final quote before work begins.
- Processing time
- Processing time varies by office and case. No completion timeline is guaranteed.
Government fees and SRCHN assistance charges are always kept separate. Nothing here is an invented price - confirm current amounts on the official portal or with our team before paying.
Legal requirements
- Transfer of Property Act, 1882 - agreement to sell does not itself create ownership
- Karnataka Stamp Act, 1957 - stamp duty on agreements as applicable
Common rejection reasons
- Vague property schedule or missing survey and Khatha details
- No default or refund clause for the advance
- One-sided conditions that courts may not enforce
Important cautions
An agreement to sell does not transfer ownership - only a registered sale deed does
Do not treat a notarised agreement as a substitute for registration where the law requires registration
Record exactly how the advance is refunded if the transaction fails
FAQs
Is notarising an agreement to sell enough?
Notarisation authenticates signatures. It does not replace registration where registration is required, and an agreement to sell by itself does not convey ownership.
Should the advance be mentioned in the agreement?
Yes. Record the amount, the mode of payment and the exact refund consequences if either side defaults.
Who drafts the agreement?
An independent qualified lawyer should draft or review it. SRCHN connects you with professionals; legal advice is provided by independent qualified lawyers, not by SRCHN.
