All About Sale Deed Without a Partition

Introduction to Sale Deed Without a Partition

A kind of added information and details about the property with the already existing owners’ insurance policies is the schedule of the property, which is also mentioned in the sale deed.

The bank refers to the already mentioned schedule of property in the sale deed to further process any loans or payments.

What is a Sale Deed in India?

• It is a crucial legal document that enables a property or landowner to transfer ownership rights from one person to another.
• Similarly to other documents like mortgage deeds, gift deeds, or lease deeds, this is also a class in the conveyance deed. 
• These documents, along with the sale deed, are very useful for transferring properties. 
• A sale deed is a document that is of legal value and can be used to register the new owner’s name in the papers. As per the Indian Registration Act, it is crucial to register a sale deed.
• The deed registration is done with the sub-registrar under whose jurisdiction the property is located. 
• The buyer becomes the lawful owner of the property only after deed registration is completed. 
• In a sale deed, the seller is known as the vendor
• And the buyer is the Vendee. 
• As per the Transfer of Property Act, there are several clauses to be added along with a schedule of property in the sale deed, and the owner may take legal consultation to properly draft a sale deed with no errors.

These are as follows:

• The involved parties
• Property Details and description
• Any kind of sale consideration
• The payment amount and the method
• Advance or any installments that are made
• Title transfer by the seller
• Delivery of the possession
• Encumbrance clause
• Indemnity clause
• Any kind of liability
• Witness mentions
• Registration and fees cleared
• Warranty clause
• Dispute Redressal

The schedule of the property sale deed covers the extended part after any standard insurance policies.

It acts as a supplemental insurance policy for a homeowner. This ensures the owners that there is full coverage for expensive items where they can be claimed. 

There are different kinds of standard policies that do not cover every property or asset. Most policies have limitations on the amount that they will pay for various losses.

The policyholders might get valuables like expensive watches, jewellery, tones, and more. 

What is the Schedule of a Property?

It is a method to identify the property that is being registered or transferred. There is a division in this of 3 sub-schedules.

• If it is an apartment, then schedule A will describe the larger the property extent where it is residing and the property boundary area and location details.
• Schedule B defines the flat’s exact number or unit that identifies it and keeps the proper record.
• The C schedule gives details of any undivided land share that is associated with the units which are being transferred.
  

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Major Aspects of Schedule of Property 

• The Schedule of property in the sale deed is mentioned as an additional insurance policy that the homeowner enables along with the different standard ones.
• A much greater risk is covered in the schedule of the property in the sale deed than the standard policies. 
• Some items or expensive collectables might have greater coverage limits in the schedule of property in the sale deed.

Some Points to be Noted 

• The government may impose taxes, duties, and cars on the schedule of the property in the sale deed or any of its components that might be relatable to the schedule of the property in the sale deed. It can be different from law operation or interpretation. It is paid to the vendor and always borne by the buyer.
• The registration of the schedule of property in the sale deed is also important as well as mandatory as documents are given by the vendor to the Vendee at the moment when they purchase it. The receipts are kept safely and acknowledged by the Vendee.
• The division of property is also done with a schedule of property in the sale deed property, mutation agreements duly signed by the co-owners and transferred as per law provisions. 
• The schedule of property in the sale deed is the improved and operational property that is scheduled to be on sale for any fiscal year.
• A separate schedule of property in the sale deed is not required if the property is already defined and explained in the sale deed.
• The conveyance document should briefly include the “A” schedule of property in the sale deed along with the necessary explanation, which is mandatory.
• The schedule of property in the sale deed should be the same as that of the sale agreement, and a separate designated document will be necessary for it.
• If there is no registered schedule of property in the sale deed during any loan procurement from the bank, it means that a technical flaw has been found and needs correction by adding every detail together.
  

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Example of the Scheduled Property

The schedule of property in the sale deed should provide detailed data about the property. It is more like identification of the property that gives some unique details which are required in the sale deed or conveyance deed, such as location, area, boundaries, landmarks, etc.

Property that is situated at road number, PQR, property number, PQR which has an area measuring____ located in the village or city _____

1. The flat number is ___ with a square feet area of ____, terrace ___ (if present), and any undivided interest in the land in square feet____.
2. Any parking area that measures in square feet ____
3. the boundaries of the land or property as the schedule of property in the sale deed

• North
• South
• East
• West

1. any car parking or garage details (if present)____

The owner should produce a different schedule of the property, too, when registering the property with the sub-registrar. The flat drawings, map, common area details, and the schedule of property in the sale deed are important documents for registration and verification.

Conclusion

The schedule of property in the sale deed is necessary and mandatory information that is to be added clearly and concisely. The owner can take legal consultation to draft one and clarify any queries regarding the schedule of property in the sale deed.