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Sale Agreement For Home Loan for India

Sale Agreement For Home Loan Template for India

A comprehensive legal agreement used in India that combines elements of both a property sale agreement and home loan documentation. This document governs the three-way relationship between the property seller, the purchaser, and the lending institution, detailing the terms of both the property transfer and the associated home loan. The agreement ensures compliance with Indian property law, banking regulations, and housing finance requirements, incorporating mandatory provisions under the Transfer of Property Act, Registration Act, and RERA, while also addressing the security interests of the lending institution.

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What is a Sale Agreement For Home Loan?

The Sale Agreement For Home Loan is a specialized legal document used in Indian property transactions where the purchase is financed through a home loan. This tripartite agreement is essential when a property purchase involves institutional financing, typically used in both residential and commercial real estate transactions. The document combines elements of a standard property sale agreement with specific provisions protecting the lending institution's interests. It includes detailed terms about the property transfer, loan disbursement, repayment obligations, and security creation. The agreement ensures compliance with Indian property laws, banking regulations, and consumer protection requirements, making it particularly important in urban property transactions and structured finance arrangements. It serves as both a sale deed and a loan document, providing a comprehensive framework for the entire transaction.

What sections should be included in a Sale Agreement For Home Loan?

1. Parties: Details of the seller, purchaser, and the lending institution

2. Background: Context of the transaction, including property identification and loan arrangement

3. Definitions: Key terms used throughout the agreement

4. Property Details: Comprehensive description of the property being sold

5. Purchase Price: Total consideration and payment structure including loan amount

6. Loan Terms: Details of the home loan including amount, interest rate, tenure, and repayment schedule

7. Conditions Precedent: Conditions that must be satisfied before completion

8. Seller's Representations and Warranties: Declarations regarding property title, encumbrances, and legal status

9. Purchaser's Representations and Warranties: Declarations regarding financial capacity and loan eligibility

10. Completion: Process and requirements for completing the sale

11. Post-Completion Obligations: Requirements after sale completion including registration and possession

12. Default and Remedies: Consequences and remedies for breach of agreement terms

13. Indemnification: Mutual indemnities and protections

14. Notices: Process for formal communications between parties

15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

16. General Provisions: Standard boilerplate clauses including amendments, severability, and entire agreement

What sections are optional to include in a Sale Agreement For Home Loan?

1. Power of Attorney: Required when any party is acting through an authorized representative

2. Construction Specifications: Needed for under-construction properties, detailing construction standards and timelines

3. Society Membership: Required for apartments in housing societies, covering membership transfer terms

4. Escrow Arrangements: Used when payments are handled through an escrow mechanism

5. Third-Party Rights: Needed when there are existing tenants or other third-party interests

6. Joint Ownership Terms: Required when multiple purchasers are involved

What schedules should be included in a Sale Agreement For Home Loan?

1. Property Description Schedule: Detailed legal description of the property including boundaries and measurements

2. Payment Schedule: Breakdown of payment terms including loan disbursement stages

3. Title Documents: List of property ownership and chain of title documents

4. Encumbrance Certificate: Recent encumbrance certificate showing property's legal status

5. Loan Sanction Letter: Copy of the home loan sanction letter from the lending institution

6. Outstanding Payments: List of pending dues, taxes, and charges on the property

7. Handover Checklist: List of items and documents to be handed over at completion

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

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions








































Clauses





























Relevant Industries

Real Estate

Banking

Financial Services

Housing Finance

Construction

Legal Services

Relevant Teams

Legal

Real Estate

Mortgage Operations

Compliance

Property Management

Loan Processing

Document Management

Risk Assessment

Relevant Roles

Real Estate Lawyer

Property Lawyer

Legal Counsel

Mortgage Officer

Loan Officer

Real Estate Agent

Property Manager

Legal Document Specialist

Compliance Officer

Housing Finance Manager

Real Estate Transaction Manager

Title Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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