A sale deed transfers ownership of immovable property from seller to buyer and must be registered with the Sub-Registrar under the Registration Act, 1908. The buyer pays stamp duty and registration fees as per state rates, deducts TDS under Section 194-IA where applicable, and completes mutation in municipal and land records after registration.
Before the sale deed
- Title search and encumbrance certificate
- Approved plans and occupancy certificate
- Tax receipts and society NOC where relevant
- Agreement to sell with payment schedule
Registration process
- Draft the sale deed with property and payment details.
- Pay stamp duty and registration fee, often online.
- Book an appointment at the Sub-Registrar office.
- Parties and two witnesses appear with IDs; biometrics captured.
- Collect the registered deed.
TDS on property purchase
Buyers of property above the threshold value deduct TDS and deposit it using the prescribed challan-cum-statement, then issue a TDS certificate to the seller.
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Apply for mutation to update ownership in municipal and land records, and transfer utilities.
Frequently asked questions
Who pays stamp duty on a sale deed?
Customarily the buyer pays stamp duty and registration fees, unless the parties agree otherwise.
Is an agreement to sell the same as a sale deed?
No. An agreement to sell is a promise to transfer in future; ownership passes only with a registered sale deed.
Can a sale deed be cancelled?
A registered sale deed can be cancelled only by a court on grounds such as fraud, or by mutual cancellation deed in some states, subject to law.
What is mutation?
Mutation is updating the owner's name in municipal or revenue records. It does not confer title but is important for taxes and records.
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