Inside the sale deed: the clauses, the schedule and the indemnity

A sale deed has seven parts: the parties, the recitals, the schedule of the property, the consideration, the seller's covenants, possession, and the signatures. The schedule is the only part that describes the land you are paying for. Ask for the draft a week early, check the schedule against the land record, and insist on an indemnity.

Why the deed gets four minutes

On registration day the deed is already typed, stamped and printed. Someone reads it out quickly, the counter is busy, and anything you notice then means a fresh print and often a fresh appointment.

So the reading that matters happens earlier. Ask whoever is drafting for the full draft at least a week before the date, read it at home with your own papers open, and send your questions in writing. On the day, you confirm a document you already know.

The seven parts, in the order you meet them

Wording differs, but almost every sale deed follows this order.

The recitals are the title in miniature

The recitals tell how the land came to the seller: by which deed or inheritance, and when. Read this paragraph twice. If the seller inherited, ask who else inherited with them. If it cites an earlier deed, see that deed and match the dates and names. A gap here is a gap in the title.

Consideration should be traceable

"The full amount has been received" is not enough. A good draft names each payment by instrument, date and account, which protects both sides if anyone later asks whether the price was paid.

The schedule: the only part that describes the land

Everything else in the deed is about people, money and promises. The schedule is where the land appears, and the law expects it to be described well enough to identify. Get it wrong and you have bought a description that does not match the ground.

Check three things, slowly:

1. The numbers. The khasra or survey number, the plot number and the area should match the revenue record and the sanctioned layout exactly. Not approximately. A plot number that exists on the layout but sits on a different khasra is a serious question.
2. The four boundaries. North, south, east and west are usually named by what adjoins: a road, a neighbour's plot, an open space. If a neighbouring plot has changed hands since the last deed, raise it now so the description is current.
3. The area, twice. Read it in figures and in words, in square feet and square metres if both appear. A dropped digit or a unit slip is the hardest thing in the world to correct after registration.

The covenants, and the clause worth insisting on

The covenants are the seller's promises. The law already reads one into every sale: that the interest sold exists and the seller has the power to transfer it. Written clauses make promises specific.

Look for written warranties that:

• the property is free of any encumbrance, such as a mortgage, lien or charge;
• all taxes and dues have been paid up to the date of sale;
• the seller has the full right to sell the whole property, not just a share of it.

Then look for an indemnity: if the title turns out to be defective, the seller makes good your loss. It costs nothing to include and gives you a clear written claim if the past comes back. It is also the clause most likely to vanish quietly from a "standard" draft.

What a deed often leaves out

A deed can be accurate and still cause trouble through what it leaves out.

1. A date for possession. Possession is not automatically handed over on the day you sign. If the deed only says possession "has been or will be given", that vagueness becomes whatever the seller says later. Ask for a date, or a statement that possession was delivered on the date of the deed.
2. Who pays which cost. Stamp duty, registration fee and the incidental charges should be named, not assumed. Absent an agreement, the Indian Stamp Act places the duty on a conveyance on the buyer, but many families agree otherwise; whatever you agreed belongs in writing.
3. The indemnity. Covered above. If it is missing, this is the line to argue for.

A one-week plan before registration

• A week before: get the full draft, the earlier deeds it recites and the current land record.
• Mid-week: check the schedule against the record, the layout and the ground; send your questions in writing.
• Two days before: read the revised draft against your list and have a lawyer settle it.
• On the day: compare the printed copy with the settled draft, page by page.

This guide is general information, not legal advice.

Questions people ask

What should I check in a sale deed before registration?

The parties, the recitals of how the seller got the land, the schedule of the property, how the price was paid, the seller's covenants, the possession date and every signature. The schedule matters most: match its khasra, plot number, area and boundaries to the land record and layout.

What is the schedule of property in a sale deed?

It is the part that describes the land: survey or khasra number, plot number, area and the four boundaries. The law requires the property to be described well enough to identify it.

What is an indemnity clause in a sale deed?

A promise by the seller to make good the buyer's loss if the title turns out to be defective. It is often missing from standard drafts, so ask for it.

Who pays stamp duty on a sale deed, buyer or seller?

If there is no agreement to the contrary, the Indian Stamp Act puts the duty on a conveyance on the buyer. Whatever you agree should be written into the deed.

Where the facts come from. The facts and figures in this post come from verified government sources and verified RERA-registered brokers.

Indori Zameen is a private platform. It is not a government body and is not affiliated with one — always confirm a record with the concerned authority before you commit money.