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The Agreement To Sell (Real Estate) is a fundamental document in Indian property transactions that precedes the final sale deed. It is typically used when parties have agreed to a property sale but need time to complete various prerequisites such as due diligence, payment arrangements, or statutory clearances. This document, governed by Indian contract law and property legislation, creates mutual obligations between the seller and purchaser while establishing a framework for the eventual property transfer. It includes essential details such as property description, price, payment terms, completion timeline, and parties' obligations. The agreement must comply with state-specific stamp duty requirements and registration laws, though unlike the final sale deed, registration is optional in most states. It's particularly important in protecting both parties' interests during the transition period and provides legal recourse in case of default.

1. Parties: Details of the seller and purchaser including names, addresses, and legal capacity

2. Background: Context of the transaction and brief history of the property ownership

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

4. Subject Matter of Sale: Detailed description of the property being sold including its location and boundaries

5. Sale Consideration: Purchase price, payment terms, and schedule of payments

6. Payment Structure: Breakdown of payment installments, timelines, and mode of payment

7. Possession: Terms and conditions regarding the transfer of possession

8. Title and Ownership: Seller's declarations regarding clear title and ownership rights

9. Representations and Warranties: Declarations and guarantees by both parties regarding the property and their capacity

10. Obligations of the Seller: Seller's commitments including documentation and maintenance until sale

11. Obligations of the Purchaser: Purchaser's commitments including timely payments and due diligence

12. Timeline for Completion: Schedule for executing the sale deed and completing the transaction

13. Default and Remedies: Consequences of breach and available remedies

14. Force Majeure: Provisions for unforeseen circumstances affecting the agreement

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

16. Notices: Method and addresses for communication between parties

17. Execution: Signature clauses and witness requirements