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Affidavit Of Sale for India

Affidavit Of Sale Template for India

An Affidavit of Sale is a legally binding sworn declaration made under oath in India, documenting the details of a sale transaction. The document serves as formal evidence of the transfer of ownership from the seller to the buyer, including crucial details such as the property or item description, sale price, payment confirmation, and transfer of possession. Governed by Indian law, particularly the Indian Oaths Act, 1969, and other relevant statutes, this document must be executed before a notary public or oath commissioner and requires proper stamping as per the Indian Stamp Act. It forms an important piece of documentary evidence in property transactions and can be used in legal proceedings if necessary.

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What is a Affidavit Of Sale?

The Affidavit of Sale is a fundamental legal document in Indian jurisprudence that provides sworn testimony regarding the sale of property or valuable assets. This document is typically used when there is a need to formally declare and document the completion of a sale transaction, often supplementing the main sale deed or agreement. The affidavit serves multiple purposes: it confirms the seller's ownership and right to sell, acknowledges receipt of payment, declares the transfer of possession, and affirms that the property is free from encumbrances. Under Indian law, the document must be sworn before a notary public or oath commissioner, properly stamped according to state stamp duty regulations, and can be used as evidence in legal proceedings. The Affidavit of Sale is particularly important in situations where additional verification of the sale transaction is required or when dealing with high-value assets where documentary proof of ownership transfer is crucial.

What sections should be included in a Affidavit Of Sale?

1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being sworn

2. Deponent Details: Full name, age, occupation, and complete address of the person making the affidavit

3. Verification Statement: Statement confirming the deponent's identity and capacity to make the affidavit

4. Subject Matter: Clear identification and description of the property or item being sold

5. Ownership Declaration: Declaration of original ownership and right to sell

6. Sale Transaction Details: Information about the sale including date, price, and buyer details

7. Payment Confirmation: Declaration confirming receipt of payment and mode of payment

8. Transfer of Possession: Statement confirming the transfer of possession to the buyer

9. Free from Encumbrances: Declaration that the property/item is free from liens, charges, or encumbrances

10. Verification Clause: Final clause verifying that the contents are true and correct

11. Signature Block: Space for deponent's signature and date

What sections are optional to include in a Affidavit Of Sale?

1. Power of Attorney: Required when the seller is acting through a power of attorney holder

2. Third Party Rights: Declaration regarding any third-party rights or claims, if applicable

3. Tax Compliance: Statements regarding payment of relevant taxes and duties

4. Previous Transfers: History of previous ownership transfers, if relevant

5. Consent of Co-owners: Required when the property has multiple owners

6. Regulatory Compliance: Statements regarding compliance with specific regulations, if applicable

What schedules should be included in a Affidavit Of Sale?

1. Property Description Schedule: Detailed description of the property/item including specifications, boundaries, or serial numbers

2. Title Documents: List and copies of documents proving ownership

3. Payment Details: Detailed breakdown of payment including any installments or payment terms

4. Photographs: Visual documentation of the property/item being sold

5. Supporting Documents: Copies of relevant permits, certificates, or other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions























Clauses


















Relevant Industries

Real Estate

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Financial Services

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Relevant Teams

Legal

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Documentation

Corporate Secretarial

Risk Management

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Relevant Roles

Legal Counsel

Property Manager

Real Estate Agent

Compliance Officer

Asset Manager

Contract Administrator

Company Secretary

Legal Manager

Property Administrator

Business Owner

Sales Manager

Documentation Specialist

Legal Assistant

Notary Public

Oath Commissioner

Property Lawyer

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