AGREEMENT TO SELL A PLOT
- PARTIES AND TRANSACTION
This agreement is made on __________ between __________, of __________, and __________, of __________.
The property is __________, identified as __________.
Seller capacity: __________. Possession when signed: __________.
- PRICE AND PAYMENT
The total sale consideration is __________. Earnest/token money is __________, leaving balance consideration of __________.
Payment mode: __________. Payment schedule: __________.
Tax withholding: Buyer will deduct and deposit tax where the applicable income-tax provision requires it.
- TITLE, DOCUMENTS AND DILIGENCE
Seller relies on the following title/allotment/conveyance record: __________.
Diligence position: __________. Objections should be raised by __________.
Encumbrance covenant: __________.
Dues: __________.
- PLOT IDENTIFICATION
Plot number: __________. Area/measurement: __________. Title type: __________.
Boundary verification: __________.
Construction status: __________.
- DEVELOPMENT-AUTHORITY CONDITIONS
Transfer permission: __________.
The seller must disclose allotment, lease, resumption, building-time, extension or transfer conditions in the title chain that can affect the buyer after completion.
- AREA AND DEMARCATION
A material area or boundary discrepancy discovered before completion must be recorded and resolved in writing; this agreement does not treat portal/marketing area as conclusive against the title/site record.
- POSSESSION
Possession is to be delivered only in accordance with the completion arrangement unless a separate possession clause is expressly added and properly stamped/registered.
- COMPLETION AND CONVEYANCE
The parties will complete the sale and execute/register the required conveyance by __________, subject to the conditions stated in this agreement.
Section 54 of the Transfer of Property Act, 1882 treats a contract for sale as an agreement that a sale will take place on settled terms; the contract does not by itself create an interest in or charge on the property. The final transfer of ownership must occur through the legally required conveyance/registered instrument.
- DEFAULT AND REMEDIES
Buyer default: __________. Seller default: __________.
Any forfeiture or stipulated default amount must be read with section 74 of the Indian Contract Act, 1872: the aggrieved party may recover reasonable compensation not exceeding the amount named or penalty stipulated; the document should not describe a punitive sum as automatically recoverable merely because it is labelled earnest money.
Time treatment: __________.
- ASSIGNMENT, BROKERAGE AND NOTICES
Assignment: __________. Brokerage: __________. Notices: __________.
4A. PLOT PLAN AND SITE IDENTITY
The buyer should compare the plot number, dimensions and site shown on ground with the allotment/conveyance plan before paying the final balance. Corner, park-facing, road-width, green-belt or other locational descriptions used in marketing should be treated as descriptive only unless supported by the title/allotment plan. If a re-numbering, re-planning or revised layout has occurred, the old and new identifiers should be reconciled in writing before registration.
4B. DEMARCATION PROCEDURE
Where boundaries are uncertain, the agreed demarcation should identify who will apply, which authority or competent surveyor will carry it out, and how the parties will deal with a material shortage, overlap or encroachment. The buyer should not construct or fence beyond the verified boundary before conveyance. A minor measurement difference should not be converted automatically into a price adjustment unless the parties state the formula or agree a written amendment.
4C. ACCESS AND ROAD POSITION
The seller should disclose whether access is directly from a public/estate road, through a common passage or subject to another right. A road shown in a private marketing sketch should not be treated as a legally available approach without supporting plan or record. If access is a completion condition, the agreement should identify the document or physical verification needed to satisfy it.
5A. AUTHORITY ALLOTMENT CONDITIONS
For an authority-developed or leasehold plot, the buyer should review the original allotment letter, conveyance/lease deed, transfer policy applicable to the title, building-time conditions, extension orders, misuse notices, resumption proceedings and outstanding authority dues. The seller should not promise that every authority consent is automatic. Any transfer/NOC obligation selected in this agreement is a seller completion obligation only to the extent the relevant title conditions actually require it.
5B. BUILDING-TIME AND EXTENSION
If the plot carries a construction deadline or extension requirement, the agreement should record the current status and who bears charges attributable to the seller period. A buyer accepting a plot with an ongoing future construction obligation should do so knowingly. Any representation that a deadline has been extended should be supported by the authority order/receipt rather than broker communication.
5C. SITE ENCROACHMENT AND OCCUPATION
The seller should disclose any neighbour encroachment, temporary structure, contractor material, utility box, public installation or informal occupation affecting the site. Vacant possession means the seller can deliver the plot free from persons and movable material under the seller’s control, but it does not guarantee that every external boundary issue has been adjudicated. Disclosed encroachments should be made an express clearance condition where material.
5D. SERVICES AND INFRASTRUCTURE
Availability of electricity, water, sewerage, storm-water drainage, road completion or other infrastructure should be verified from the relevant authority/project records where important to the buyer. The seller should not warrant a connection capacity merely because services exist in the street. Connection charges, outstanding service dues and future augmentation remain allocated as stated in the completion account.
6A. AREA-BASED PRICE
If the parties negotiated a lump-sum price for the identified plot, the agreement should say so and should not silently imply a per-square-yard adjustment. If price is intended to vary with measured/title area, the formula should be written expressly in a consideration addendum. This distinction avoids an argument that any survey difference automatically changes the agreed price.
6B. NO DEVELOPMENT REPRESENTATION
Unless expressly stated as a completion condition, the seller does not promise that the buyer can build a particular number of floors, obtain a particular FAR, subdivide, convert use or secure a specific sanction. Those matters depend on current planning/building rules and site facts. The buyer should perform planning diligence separately before treating development potential as part of the bargain.
7A. REGISTRATION AND POSSESSION
On completion, the seller should execute the conveyance/transfer documents required by the title and deliver possession through a plot handover memo. The handover should record boundary markers, access, site condition and items remaining. If possession is deliberately delivered earlier, the parties should use the dedicated possession-based agreement structure and assess section 53A registration consequences rather than casually adding a key-handover sentence.
PERSONAL DATA NOTICE
This notice is given under the Digital Personal Data Protection Act, 2023. Personal data in this document is collected only to document and perform the agreed purchase of the identified plot, communicate about that purpose, verify expressly supplied transaction information, and retain an evidentiary record.
The record will be held by __________ and may be shown only to the buyer, seller, authorised broker/property consultant, advocate, lender, escrow agent, valuer, registration/revenue authority, promoter/association, tax professional or other person directly involved in the stated transaction and due-diligence process.
If the proposed transaction does not proceed, the personal data will be retained for 90 days from the final cancellation/withdrawal decision and then erased, except for records needed for a live dispute or a named statutory retention duty. If the transaction proceeds, the record will be retained for the transaction period plus 12 months and then erased unless a longer statutory period applies.
A person named in this document may withdraw consent for future consent-based processing, request correction or erasure when the stated purpose has ended, or raise a grievance by writing to __________. The record-holder should acknowledge and respond within 30 days.
Data minimisation: this document does not require full Aadhaar numbers, Aadhaar copies, passwords or bank credentials. Identity and tax documents should be collected only through the dedicated KYC/tax workflow where necessary.
Personal-data instruction: __________.
EXECUTION
Seller: __________
Buyer: __________
Witness 1: __________
Witness 2: __________
Record-holder: __________
Seller contact:
Buyer contact: