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Sale deed format and agreement to sell generator

A sale deed (bainama) is the registered document that transfers land or a house from seller to buyer; an agreement to sell comes first, recording the token money (bayana), the balance and the deadline. Both need the parties, an exact property schedule, the price and how it was paid. Pick the document, fill in the details and this tool writes a complete draft — payments with cheque or UTR numbers, TDS, possession, title warranty, indemnity and mutation — that you can download in Word.

Free · No sign-up · Runs privately in your browser· Figures checked 29 October 2026

Jump to the sale deed

Which document?

Most buyers sign an agreement to sell when the token money (bayana) is paid, then the sale deed at registration.

The sale deed transfers ownership. It must be on stamp paper of the right value and registered at the sub-registrar’s office where the property is, with all sellers, the buyers and two witnesses present.

Seller(s)

Add every owner shown on the land record. Co-owners and co-heirs must all sign.

Sellers

Seller 1

Buyer(s)

Buyers

Buyer 1

The property

Copy these exactly from the latest jamabandi / khatauni / 7-12 / RTC or the previous deed.

Boundaries

Side 1

Side 2

Side 3

Side 4

Price and payment

Payments

List each payment: the bayana and every instalment. Write the actual amount transferred (after TDS).

Payment 1

Possession and costs

Witnesses

Two adults who are not buyers. They sign at registration with ID.

Witnesses

Witness 1

Witness 2

Live preview36 blanks to fill

SALE DEED

This Sale Deed is made and executed at [place] on [date]

BY

[Vendor's name], S/o [parent's name], aged about [age] years, PAN / ID [PAN / ID no.], resident of [address],
hereinafter called the "VENDOR" (which expression shall include the Vendor's heirs, legal representatives, executors and assigns) of the ONE PART;

IN FAVOUR OF

[Vendee's name], S/o [parent's name], aged about [age] years, PAN / ID [PAN / ID no.], resident of [address],
hereinafter called the "VENDEE" (which expression shall include the Vendee's heirs, legal representatives, executors and assigns) of the OTHER PART.

WHEREAS

A. The Vendor is the absolute owner in possession of the residential plot described in the Schedule below (the "Property"), having acquired it by a registered sale deed, and the Property stands recorded in the Vendor's name in the revenue / municipal records.

B. The Vendor has agreed to sell and the Vendee has agreed to purchase the Property, free from all encumbrances, for [₹ total price (in words)].

NOW THIS DEED WITNESSES AS FOLLOWS:

1. SALE. In consideration of the total price of [₹ total price (in words)] paid by the Vendee as set out in clause 2, the Vendor hereby sells, conveys, transfers and assigns the Property to the Vendee, together with all rights, easements, trees, structures, passages, water rights and appurtenances attached to it, TO HAVE AND TO HOLD the same as absolute owner forever.

2. PAYMENT. The Vendee has paid the full price to the Vendor as follows, the receipt of which the Vendor hereby acknowledges:
   (a) [₹ amount] by RTGS / NEFT transfer, UTR no. [no.] from [bank and branch], dated [date];
   Total: [₹ total price (in words)].
Nothing remains payable by the Vendee to the Vendor on account of this sale.

3. POSSESSION. The Vendor has today delivered actual, physical and vacant possession of the Property to the Vendee.

4. TITLE. The Vendor declares that the Vendor is the sole and absolute owner of the Property with a clear and marketable title and full right to sell it; that no other person, including any family member or co-heir, has any share, right or claim in it; that it has not earlier been sold, agreed to be sold, gifted, mortgaged, leased or otherwise transferred; and that it is not subject to any litigation, attachment, court order, acquisition proceeding or notice of any authority.

5. ENCUMBRANCES AND INDEMNITY. The Property is free from all encumbrances, charges, loans, liens and claims. If the Vendee is deprived of the Property or any part of it, or suffers any loss, because of a defect in the Vendor's title or an encumbrance or claim existing on or before the date of this Deed, the Vendor shall make good the full loss, including the price paid, costs and expenses.

6. DUES. All land revenue, property tax, electricity, water, maintenance and other dues relating to the Property up to the date of this Deed have been paid by the Vendor, who shall pay any found due for that period. Dues after this date shall be paid by the Vendee.

7. DOCUMENTS. The Vendor has handed over to the Vendee the original title documents of the Property, and shall produce any other paper relating to it whenever needed.

8. MUTATION. The Vendee may get the Property mutated / transferred in the Vendee's name in the revenue, municipal, electricity and other records on the basis of this Deed. The Vendor shall appear, sign and give any statement or no-objection needed for that purpose, and shall not object to it.

9. FURTHER ASSURANCE. The Vendor shall, at the Vendee's request, sign any further document, including a rectification deed, needed to perfect the Vendee's title to the Property.

10. STAMP DUTY AND COSTS. Stamp duty, registration fees and other expenses of the registration of this Deed shall be borne by the Vendee.

11. The Vendor and the Vendee have signed this Deed voluntarily, after reading and understanding it, in their sound mind and without any pressure or influence.

SCHEDULE OF THE PROPERTY

   Type: residential plot
   Village / locality: [village / locality]
   Tehsil: [tehsil]
   District: [district], [state]
   Khasra / survey / plot no.: [number]
   Khewat / khata no.: [number]
   Area: [area]
   Boundaries:
   North: [as per revenue record]
   South: [as per revenue record]
   East: [as per revenue record]
   West: [as per revenue record]

IN WITNESS WHEREOF the parties have signed this Deed on the date and at the place first written above, in the presence of the witnesses below.


VENDOR: _______________________
[Vendor's name]


VENDEE: _______________________
[Vendee's name]


WITNESSES:

1. Signature: ____________________
   Name: [Witness 1]
   Address: [address]

2. Signature: ____________________
   Name: [Witness 2]
   Address: [address]


Drafted by: ____________________ (deed writer / advocate)

Anything in [square brackets] still needs filling. Nothing you type leaves this page.

A draft to take to a lawyer or deed writer — not legal advice. A sale of land or a building worth ₹100 or more must be by a registered deed (Transfer of Property Act, s.54; Registration Act, s.17), on stamp paper of the right value. An agreement to sell does not transfer ownership. Stamp duty, wording and land-purchase rules differ by state, and TDS figures follow the Income-tax Act, 2025 as checked on 29 Oct 2026 — confirm them with a CA before paying.

How to use it

  1. Choose a sale deed (bainama) or an agreement to sell (bayana), and the type of property: plot, farmland, house, flat or shop.
  2. Add every seller on the land record — all co-heirs must sign — and each buyer, marking anyone who is an NRI or OCI.
  3. Copy the khasra or survey number, area and boundaries from the latest land record, then enter the price, the circle-rate value and each payment.
  4. Read the warnings, download in Word, and have a deed writer put it on stamp paper of the right value before registration.

What is the difference between a sale deed and an agreement to sell?

A sale deed transfers ownership the day it is registered. An agreement to sell is only a promise to sell later on agreed terms — Section 54 of the Transfer of Property Act, 1882 says it does not by itself create any right in the property.

In practice the agreement to sell is signed when the buyer pays the bayana (token or earnest money). It fixes the price, the balance, the date for registration and what happens if either side backs out. The sale deed is then registered when the balance is paid, and mutation follows.

What must a sale deed contain?

The names, parentage, ages and addresses of every seller and buyer; how the seller got the property; the full price in figures and words; each payment with its cheque or UTR number and date; any TDS; when possession is handed over; and a schedule describing the property exactly as the land record does, with khasra or survey number, area and four boundaries.

It should also carry the seller’s promises: clear title, no earlier sale or mortgage, no litigation, an indemnity if a defect turns up, dues cleared to date, and cooperation in mutation. Two witnesses sign, and the deed is registered at the sub-registrar where the property lies (Registration Act, Section 17).

How much TDS does the buyer deduct on a property purchase?

For a resident seller, the buyer deducts 1% of the price or the stamp duty value, whichever is higher, when either is ₹50 lakh or more. This is now section 393(1) of the Income-tax Act, 2025 (old section 194-IA), and it does not apply to agricultural land.

For an NRI seller, the buyer deducts under section 393(2) (old section 195) on any amount: for a long-term sale, 12.5% plus surcharge and 4% cess, roughly 13–15% of the price, unless the seller gets a lower-deduction certificate. Enter the actual figure in the generator; the TDS on NRI property sale calculator works it out.

What happens to the bayana if the deal falls through?

It depends on who backs out and what the agreement says. Agreements commonly say the seller keeps the earnest money if the buyer fails to pay on time, and returns it — often double — if the seller backs out. The buyer can also sue for specific performance under the Specific Relief Act, 1963, generally within three years of the date fixed for the sale.

Courts allow forfeiture of a genuine, reasonable earnest amount, but may treat a very large advance as a penalty and order part of it returned. Keep the bayana modest and write the default terms clearly. Never pay ₹20,000 or more of it in cash: section 185 of the Income-tax Act, 2025 (old 269SS) bars it.

What if the sale price is below the circle rate?

Stamp duty is charged on the circle rate (stamp duty value) if it is higher than the price. Income tax also uses it: the seller is taxed as if they sold at the circle value when it is more than 110% of the price (section 78, old 50C), and the buyer is taxed on the difference if it is more than the higher of ₹50,000 and 10% of the price (section 92(2)(m), old 56(2)(x)).

The generator warns you when the price is below the circle value you enter, and records the circle value in the deed. Work out both sides’ tax with the sale below circle rate calculator before you sign.

Questions people ask

Yes. Fill in the details and press Word to download a .doc file that opens in Microsoft Word or Google Docs, so your deed writer or lawyer can adjust it before printing on stamp paper.

An unregistered agreement to sell is still a contract and can support a suit for specific performance, but it gives the buyer no ownership. If possession is handed over under it, it must be registered for the buyer to rely on section 53A of the Transfer of Property Act, and several states charge stamp duty on it almost as on a sale.

No. Under FEMA, an NRI or OCI cardholder cannot buy agricultural land, a plantation or a farm house without RBI approval. They can buy a house, flat, plot or shop, paying through banking channels. An NRI seller can sell farmland only to a person resident in India.

Yes. Every heir who has a share must join as a seller, or first give up their share by a registered relinquishment deed. A sale by one heir alone passes only that heir’s share and invites a challenge from the others.

Bainama is the word used in North India for a sale deed — the registered document that transfers ownership of land or a house. Bayana, by contrast, is the token money paid when an agreement to sell is signed.

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