Before you transfer the money, check what the seller actually promised.
Upload a sale agreement or agreement to sell and get title warranties, payment milestones and registration requirements checked.
What people are surprised to learn
“An agreement to sell is not a conveyance.”
Sale of immovable property needs a registered instrument. We check what the seller warrants about title, what happens on either side’s default, and what remains outstanding.
What this review checks
- Title warranties and disclosure of encumbrances
- Registration requirement and admissibility
- Payment schedule against possession milestones
- Earnest money forfeiture versus the seller’s own default
- Specific performance, now the norm since the 2018 amendment
- Who bears stamp duty and registration charges
- Possession, handover condition and pending approvals
- Dispute forum and where it puts you
Quick answer
What should I check in an agreement to sell property in India before signing?
Check that the seller warrants clear title and lists every mortgage, loan or dispute; that the payment schedule is tied to documents and possession; what happens to the advance if either side defaults; who pays stamp duty and registration charges; the date for executing and registering the sale deed; society or authority consents needed; and the condition in which the property is handed over.
Who this review is for
- Buyers of a resale flat, house or plot
- Owners selling property and wanting their obligations clear
- Buyers paying a token or advance against an agreement to sell
- Families buying property from a relative or a co-owner
How it works
- 1
Upload the agreement
PDF, Word, a photo or pasted text, with its schedules and annexures.
- 2
Choose your State
Stamp duty, registration practice and local approvals vary by State, so the report tells you exactly what to confirm locally.
- 3
Read the report
Title, encumbrances, payments, default, registration, possession and dispute terms, each explained in plain English with the clause quoted.
- 4
Raise the points
A suggested redline and a polite email to the other side, phrased as questions rather than demands.
7 red flags to look for
The seller gives no title warranty, or sells “as is, where is”
The seller’s duty under TPA s.55 to disclose defects is limited, so a blanket disclaimer shifts title risk onto you.
No list of mortgages, loans, leases or pending cases
You may be buying a property a bank or a third party has a claim over.
Most of the price paid before title documents are handed over
If the deal fails, recovering money already paid can take years.
The advance is forfeited if you default, but the seller only returns it if they do
The terms are lopsided; a forfeiture is usually read down to actual loss under Sections 73 and 74.
No date for executing and registering the sale deed
Only a registered instrument transfers ownership under TPA s.54, so an open-ended agreement leaves the sale incomplete.
Sale through a power of attorney rather than by the owner
Check that the attorney’s authority is genuine, current and covers this sale before you pay.
Possession and handover condition left vague
You may receive the property with tenants, unpaid dues or items removed.
Terms explained
- Agreement to sell
- A contract to sell in future on agreed terms. It does not by itself transfer ownership or create an interest in the property.
- Sale deed
- The registered instrument that actually transfers ownership from seller to buyer.
- Encumbrance
- A claim on the property, such as a mortgage, charge, lease or pending legal dispute.
- Encumbrance certificate
- A record from the sub-registrar’s office of transactions registered against the property over a period.
- Chain of title
- The sequence of documents showing how ownership passed to the current seller.
- Earnest money or advance
- A part payment made on signing, often subject to forfeiture terms if the buyer defaults.
- Mutation
- Updating the local revenue or municipal records to show the new owner, after the sale is registered.
- Specific performance
- A court order requiring a party to complete the sale rather than pay damages.
Pricing in India
One plan covers all 15 India analyzers. Prices are in rupees; any GST that applies is shown at checkout.
Single Review
₹999 one-time
One contract review. No subscription, pay once, use within a year.
Pro
₹2,999 / month
4 reviews / month. For freelancers and contractors with steady client work.
Business
₹4,999 / month
10 reviews / month for regular reviewers & small teams.
Scale
₹9,999 / month
25 reviews / month for high-volume teams.
Property Sale & Purchase FAQs
What should I check in an agreement to sell property in India before signing?
+
Check that the seller warrants clear title and lists every mortgage, loan or dispute; that the payment schedule is tied to documents and possession; what happens to the advance if either side defaults; who pays stamp duty and registration charges; the date for executing and registering the sale deed; society or authority consents needed; and the condition in which the property is handed over.
Does signing an agreement to sell make me the owner?
+
No. Under Section 54 of the Transfer of Property Act a contract for sale does not by itself create any interest in the property, and a sale of immovable property worth ₹100 or more can be made only by a registered instrument. You become the owner when the sale deed is executed and registered. Until then, protect yourself with clear warranties and a fixed completion date.
What title documents should I ask the seller for?
+
Usually the current title deed and the earlier deeds in the chain, an encumbrance certificate, recent property tax and utility receipts, approved plans and, for a flat in a housing society, the share certificate and a no-objection letter. Under Section 55 of the Transfer of Property Act the seller must produce title documents in their possession on request. A title search by an advocate is worth the cost.
If the seller backs out, can I force the sale?
+
Since the 2018 amendment, Section 10 of the Specific Relief Act makes specific performance the rule rather than a discretionary remedy. It is not automatic: you must show you were ready and willing to complete. Contract claims are generally subject to a three-year limitation period, so do not let the matter drift. An advocate can advise on your case.
My agreement to sell is not registered. Is it worthless?
+
Not necessarily. Whether an agreement to sell must be registered depends on its terms and your State. Where registration was required, the unregistered document cannot be used as evidence of the transaction, but the Registration Act still allows it as evidence of the contract in a suit for specific performance. Stamping is a separate requirement, and an unstamped or understamped document faces admissibility problems until the duty and penalty are paid. Check the stamping and registration practice in your State.
Can we sign the agreement to sell electronically?
+
Do not rely on it. The Information Technology Act does not apply to a contract for the sale or conveyance of immovable property, or any interest in it, so the usual rule that electronic contracts are valid does not cover this document. Sign it physically, on properly stamped paper or e-stamp, and register it where your State requires.
Do I need to deduct tax when I pay the seller?
+
A buyer of immovable property is often required to deduct tax at source from the price above a threshold, and different rules apply where the seller is non-resident. The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026 and renumbered its sections, so older section references may be out of date. Confirm the current position with your chartered accountant before paying.
I am buying a flat from the builder, not a resale. Is this the right analyzer?
+
For a flat bought directly from a developer, use the Builder-Buyer analyzer, which checks RERA registration, carpet area, possession dates and delay remedies. This analyzer is built for resale purchases between owners, and for agreements to sell a house or plot, where title and the seller’s warranties matter most.
Related India reviews
ClauseAudit provides information and analysis, not legal advice, and does not create an advocate–client relationship. Findings use calibrated language because enforceability depends on facts and forum. Consult a qualified advocate before acting on any finding. See India pricing.
Property Sale & Purchase guides for India
- An Agreement to Sell Is Not a Sale DeedThe two documents do different things under the Transfer of Property Act. Knowing which one you have signed matters before you pay.
- What the Seller Must Disclose About Title Under Section 55Section 55 of the Transfer of Property Act sets out the rights and liabilities of buyer and seller, including disclosure of material defects.
- Notarised vs Registered Agreement: Which Holds Up?What a notary's stamp actually proves, when registration is compulsory, and why a notarised agreement to sell does not make you the owner of a property.
- Is an MOU Legally Binding in India? MOU vs Agreement ExplainedMOU vs agreement in India: when a memorandum of understanding binds you, how courts read it, and what to check in an MOU for sale of property.