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Standard Real Estate Purchase Contract Template for India

A Standard Real Estate Purchase Contract governed by Indian law is a legally binding agreement that facilitates the transfer of property ownership from seller to buyer. This comprehensive document complies with the Transfer of Property Act 1882, Registration Act 1908, and the Real Estate (Regulation and Development) Act 2016 (RERA), along with other applicable Indian property laws. It details the terms and conditions of the property sale, including property description, purchase price, payment terms, warranties, and closing requirements, while incorporating state-specific requirements for property transfer and registration.

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What is a Standard Real Estate Purchase Contract?

The Standard Real Estate Purchase Contract is a fundamental legal instrument used in Indian property transactions to formalize the transfer of real estate between parties. This document is essential for any property purchase in India, whether residential, commercial, or industrial. It incorporates requirements from key legislation including the Transfer of Property Act, Registration Act, and RERA, while allowing for state-specific variations in property laws and registration requirements. The contract serves as a comprehensive record of the transaction terms, protecting both buyer and seller interests, and typically requires registration at the Sub-Registrar's office. It includes critical elements such as property details, price, payment terms, warranties, and closing conditions, making it suitable for both simple and complex property transactions in the Indian real estate market.

What sections should be included in a Standard Real Estate Purchase Contract?

1. Parties: Identification of seller and purchaser with complete details including names, addresses, and legal status

2. Background: Context of the transaction, brief property history, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including address, boundaries, dimensions, and registration details

5. Purchase Price: Total consideration, payment structure, and payment methods

6. Payment Terms: Detailed breakdown of payment schedule, earnest money, and balance payment arrangements

7. Seller's Representations and Warranties: Seller's declarations regarding property title, encumbrances, and legal status

8. Purchaser's Representations and Warranties: Purchaser's declarations regarding financial capacity and compliance with applicable laws

9. Conditions Precedent: Conditions that must be satisfied before completion of the sale

10. Title and Transfer: Provisions regarding transfer of title and related documentation

11. Closing Process: Steps for completion of the transaction and transfer of possession

12. Costs and Expenses: Allocation of transaction costs, stamp duty, and registration fees

13. Default and Remedies: Consequences of default and available remedies to parties

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

15. Notices: Method and addresses for serving notices between parties

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

What sections are optional to include in a Standard Real Estate Purchase Contract?

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

2. Society Approval: Needed for properties in cooperative housing societies

3. Mortgage/Loan Details: Required when purchase is being financed through a bank loan

4. RERA Compliance: Specific provisions for projects under RERA jurisdiction

5. Foreign Exchange Provisions: Required when either party is an NRI or foreign national

6. Rental/Occupancy Status: Required when property is currently tenanted or occupied

7. Development Rights: Needed when transferring or reserving development rights

8. Parking Rights: Required when specific parking spaces are included in the sale

What schedules should be included in a Standard Real Estate Purchase Contract?

1. Schedule A - Property Description: Detailed property description including boundaries, measurements, and floor plans

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and milestone-linked payments

3. Schedule C - Title Documents: List of title documents and chain of title

4. Schedule D - Encumbrances: Details of existing encumbrances, if any

5. Schedule E - Amenities and Fixtures: List of fixtures, fittings, and amenities included in the sale

6. Appendix 1 - Property Documents: Copies of key property documents including previous sale deed, tax receipts

7. Appendix 2 - Approvals and Permissions: Copies of relevant governmental and regulatory approvals

8. Appendix 3 - Property Images: Recent photographs of the property and its key features

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Buy-Sell Agreement

Cost

Free to use

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