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Agreement to Sell With Possession

At a glance

Price
₹399 · GST included
Stamp duty
Possession decides the stamping.
Registration
Earnest money alone isn't registrable; a s.53A (TPA) transfer contract is, compulsorily, under s.17(1A) Registration Act.
Witnesses
Two witnesses help evidence execution, not replace registration.

₹399

GST included

Launch period: downloads are free for now. The prices shown apply once payments open.

Guided questions, full draft on screen, download in Word.

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Also called

  • sale agreement with possession
  • bayana agreement with possession
  • agreement for sale with possession

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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Why you need it

When you need it

For a sale where the buyer takes possession before the sale deed is executed — needing stronger drafting since possession engages s.53A, TPA and s.17(1A), Registration Act (compulsory registration). Fix why possession is delivered, the date, risk/occupation duties, alteration limits, title conditions, completion date, and what happens if conveyance later fails. Per s.54, TPA, the contract still doesn't transfer ownership — keys don't make a buyer the owner.

See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

Possession decides the stamping. PUNJAB: Art.5, entry 5(cc) covers possession-evidencing agreements; practice (unverified) charges the entry-23 conveyance rate — confirm with the tehsil Sub-Registrar. CHANDIGARH: Item 22 is normally 5% of token/earnest money but has no possession entry — the Collector may charge the conveyance rate instead; ask the Sub-Registrar, Sector 17. Either way, s.17(1A) compels registration. Stamp before signing; unstamped is inadmissible until duty+penalty paid (s.35).

Registration

Earnest money alone isn't registrable; a s.53A (TPA) transfer contract is, compulsorily, under s.17(1A) Registration Act. RERA: also s.13.

Notarisation

No substitute for compulsory registration; creates no enforceability alone.

Witnesses

Two witnesses help evidence execution, not replace registration.

Talk to a lawyer about this document₹3,539 including GST (₹2,999 + 18% GST), per documentRequest Stamp Paper

Sample preview — placeholder answers, not your data

AGREEMENT TO SELL WITH POSSESSION

  1. PARTIES AND TRANSACTION

This agreement is made on 1 April 2026 between Harpreet Singh, of House 118, Sector 35-A, Chandigarh, and Aarav Sharma, of House 211, Sector 21, Panchkula.

The property agreed to be sold is House 52, Sector 8, Chandigarh.

Seller capacity: Sole owner. Possession when signed: Seller in possession.

  1. PRICE AND PAYMENT

The total sale consideration is ₹2,50,00,000 (Rupees Two Crore Fifty Lakh only). Earnest/token money is ₹25,00,000 (Rupees Twenty Five Lakh only), leaving balance consideration of ₹2,25,00,000 (Rupees Two Crore Twenty Five Lakh only).

Payment mode: Bank transfer. Payment schedule: ₹25,00,000 on signing; balance on registration after title conditions are satisfied..

Tax withholding: Buyer will deduct and deposit tax where the applicable income-tax provision requires it.

  1. TITLE, DOCUMENTS AND DILIGENCE

Seller relies on the following title/allotment/conveyance record: Sale Deed no. 1842 dated 12 June 2018, Chandigarh.

Diligence position: Buyer will complete title diligence before the stated diligence deadline. Objections should be raised by 2 April 2026.

Encumbrance covenant: Seller will convey free from undisclosed mortgages, charges, liens and third-party rights.

Dues: Seller clears dues attributable to the period before completion.

  1. POSSESSION BEFORE CONVEYANCE

Possession delivery date: 3 April 2026. Character: Possession delivered in part performance of this written contract.

Where a written contract is intended to support the protection of part performance under section 53A of the Transfer of Property Act, 1882, section 17(1A) of the Registration Act, 1908 requires registration; an unregistered post-2001 document has no effect for the purposes of section 53A.

Risk before conveyance: Seller retains ownership risk except damage caused by buyer after possession.

Alterations: Only non-structural work with seller written consent.

Occupation charge: No separate occupation charge; possession is part of the sale arrangement.

  1. OWNERSHIP REMAINS WITH SELLER UNTIL CONVEYANCE

Delivery of possession under this agreement does not itself transfer ownership. The buyer must not represent itself as registered owner, create third-party rights, mortgage the property or part with possession before conveyance except as expressly authorised.

  1. SELLER COVENANTS DURING INTERIM POSSESSION

The seller must not create a new mortgage, sale, lease or adverse third-party right after this agreement except a disclosed financing release arrangement necessary for completion.

  1. FAILURE OF COMPLETION AFTER POSSESSION

If completion fails, possession cannot be recovered by force. The parties must follow the contractual and lawful remedies applicable to refund, specific performance, restitution, use/occupation accounting and possession.

  1. COMPLETION AND CONVEYANCE

The parties will complete the sale and execute/register the required conveyance by 4 April 2026, 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.

  1. DEFAULT AND REMEDIES

Buyer default: Seller may terminate and claim reasonable compensation subject to law and the stated earnest-money clause. Seller default: Buyer may seek refund with agreed lawful compensation or pursue available contractual remedies.

Questions about this document

Does the Agreement to Sell With Possession need stamp paper or stamp duty in Punjab and Chandigarh?

Possession decides the stamping. PUNJAB: Art.5, entry 5(cc) covers possession-evidencing agreements; practice (unverified) charges the entry-23 conveyance rate — confirm with the tehsil Sub-Registrar. CHANDIGARH: Item 22 is normally 5% of token/earnest money but has no possession entry — the Collector may charge the conveyance rate instead; ask the Sub-Registrar, Sector 17. Either way, s.17(1A) compels registration. Stamp before signing; unstamped is inadmissible until duty+penalty paid (s.35).

Does the Agreement to Sell With Possession need registration in Punjab and Chandigarh?

Earnest money alone isn't registrable; a s.53A (TPA) transfer contract is, compulsorily, under s.17(1A) Registration Act. RERA: also s.13.

What does the Agreement to Sell With Possession cost on Kaagazaat?

₹399, GST included.

Launch period: downloads are free for now. The prices shown apply once payments open.

Does the Agreement to Sell With Possession need witnesses?

Two witnesses help evidence execution, not replace registration.

Often needed with this document

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