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Sale Deed

/seɪl diːd/

Property Law Term

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Definition

A legal document transferring ownership (title) of immovable property from seller to buyer in exchange for consideration. Under Section 54 of the Transfer of Property Act, 1882 and the Registration Act, 1908, a sale of immovable property valued above Rs. 100 must be by a registered sale deed executed before a Sub-Registrar. Without registration, no legal title passes to the buyer.

Examples

After agreeing to buy a flat, the buyer and seller execute a sale deed before a Sub-Registrar — from that moment legal ownership passes to the buyer.
A sale based only on an unregistered agreement to sell does not transfer ownership — the buyer has a contractual right only, not legal title.

Case Study

In Suraj Lamp & Industries v. State of Haryana (2012), the Supreme Court held that property transfer through General Power of Attorney and Agreement to Sell (without a registered sale deed) does not create legal title. This ruling curbed widespread evasion of stamp duty and registration requirements.

Key Cases

Suraj Lamp & Industries v. State of Haryana

2012

(2012) 1 SCC 656

GPA-based property transfers do not create or extinguish legal title. Only a registered sale deed conveys title. Curbed evasion of registration and stamp duty through GPA transactions.

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Also Known As

conveyance deedtitle deed

Synonyms

conveyance deedtitle deedproperty transfer documenttransfer deed

Antonyms / Opposites

agreement to sellGPA transfer

Related Terms

Transfer of Property Act 1882Registration Act 1908gift deedstamp dutySection 54 TPA

Dictionary Entry

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