Agreement to Sell Format (Sale Agreement for Property)
An agreement to sell fixes the price and terms before the sale deed. It does not make the buyer the owner, but a registered agreement gives the buyer the protection of part performance.
Agreement to sell format
Non-judicial stamp paper or e-stamp certificate of value Rs. ______________ as applicable in the State of ______________
E-stamp certificate No. ______________ Date of issue ______________
Stamp duty depends on the State and the type of document. Confirm the correct value before printing.
AGREEMENT TO SELL
This Agreement to Sell is made at Jaipur on 14 October 2026 BETWEEN Ashok Kumar Jain, S/o Late Shri Prem Chand Jain, residing at H-18, Malviya Nagar, Jaipur, Rajasthan 302017 (the "Seller") AND Deepak Agarwal, S/o Shri Om Prakash Agarwal, residing at 45, Vaishali Nagar, Jaipur, Rajasthan 302021 (the "Buyer").
WHEREAS the Seller is the absolute owner of Residential plot No. 112, admeasuring 200 square yards, in Shanti Vihar Scheme, Jagatpura, Jaipur, bounded on the North by Plot 111, South by Plot 113, East by 30 feet road, West by Plot 127 (the "Property") by virtue of registered sale deed dated 5 August 2009, and has agreed to sell it to the Buyer, who has agreed to buy it, on the following terms:
- Price: The total sale price is Rs. 60,00,000 (Rupees sixty lakh only).
- Advance: The Buyer has paid Rs. 6,00,000 (Rupees six lakh only) by RTGS dated 14 October 2026 as earnest money, the receipt of which the Seller acknowledges.
- Balance: The Buyer shall pay the balance by banking channels on or before 15 January 2027, at the time of execution and registration of the sale deed.
- Title: The Seller declares that the Property is free from all encumbrances, charges, mortgages, disputes and attachments, and shall provide original title documents for verification.
- Sale deed: The Seller shall execute and present the sale deed for registration in favour of the Buyer or the Buyer’s nominee on receipt of the balance. Stamp duty and registration charges on the sale deed shall be paid by the Buyer unless agreed otherwise.
- Dues: The Seller shall clear property tax, electricity, water and society dues up to the date of the sale deed.
- Default by Buyer: If the Buyer fails to pay the balance in time, the Seller may cancel this agreement after fifteen days’ notice and may forfeit the amount stated in this clause as agreed: ______________.
- Default by Seller: If the Seller fails to execute the sale deed, the Buyer may seek specific performance of this agreement or refund of the advance with compensation as agreed: ______________.
- Possession: Vacant possession shall be handed over on registration of the sale deed.
SCHEDULE OF THE PROPERTY
Residential plot No. 112, admeasuring 200 square yards, in Shanti Vihar Scheme, Jagatpura, Jaipur, bounded on the North by Plot 111, South by Plot 113, East by 30 feet road, West by Plot 127
WITNESSES
1. Name: ______________
Address: ______________
Signature: ______________
2. Name: ______________
Address: ______________
Signature: ______________
Presented at the office of the Sub-Registrar ______________ on ______________
Registered as Document No. ______________ Book No. ______________ Volume ______________
Registration fee and stamp duty as per the rules of the State: ______________
Drafting note: Under section 17(1A) of the Registration Act, 1908, an agreement to transfer immovable property for consideration must be registered if the buyer wants the protection of part performance under section 53A of the Transfer of Property Act. An agreement to sell does not transfer ownership; only a registered sale deed does.
Notarised / attested on ______________ by ______________ Registration No. of notary ______________
Section 17(1A) of the Registration Act requires an agreement to transfer immovable property for consideration to be registered if the buyer wants to rely on section 53A of the Transfer of Property Act (part performance). Unregistered agreements signed after 24 September 2001 have no effect for that purpose.
Frequently asked questions
Is earnest money refundable?
It depends on what the agreement says about default. Write the forfeiture or refund terms clearly.
Can I sell to someone else after signing an agreement to sell?
Doing so can expose you to a suit for specific performance and damages. Take legal advice.
Please note: these templates are for general information and are not legal advice. Laws, stamp duty, notarisation and registration rules vary by State. Consult an advocate for your case. This is an independent website, not a law firm and not a government office.