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Sale Deed — વેચાણ દસ્તાવેજ

વેચાણ દસ્તાવેજ

The document that actually transfers ownership. Everything before it — the banakhat, the power of attorney, the agreement — is preparation.

e-StampSub-Registrar

This document must be registered. Notarisation is not an alternative.

Section 17(1) of the Registration Act, 1908 makes registration compulsory for any non-testamentary instrument that creates, declares, assigns, limits or extinguishes a right, title or interest of ₹100 or more in immovable property. In 1908 that was a threshold; today it captures essentially every property transaction. Where a compulsorily registrable document is left unregistered, section 49 bars it from affecting the property or being received as evidence of the transaction.

Only a registered conveyance transfers title

This is worth stating plainly because a great deal of property in Gujarat has changed hands on other documents. In Suraj Lamp & Industries (P) Ltd. v. State of Haryana (2011) the Supreme Court held that the package of general power of attorney, agreement to sell and will does not convey or create title. If you are buying, the transaction is not complete until a sale deed is executed and registered in your name.

What the deed must get right

  • The property description, matching the revenue record exactly — survey or city survey number, area, boundaries. A description that does not match is the single commonest cause of a document being returned, and of a mutation being refused later.
  • The chain of title, recited properly — how the seller came to own it, through every link.
  • Consideration, and how it was paid, with the payment record.
  • Every person with an interest as a party — co-owners, all heirs where the property was inherited, and a spouse where rights may arise.
  • Encumbrances — declared, and cleared before or at completion.
  • Possession — when it passes.
  • Indemnity by the seller against defects in title and undisclosed dues.
  • Apportionment of outgoings — property tax, society charges, electricity, water.
Registration is not the last step — mutation is.

A registered sale deed with no corresponding mutation in the revenue record is a half-finished transaction. The deed exists; the record still names the previous holder. This surfaces years later, usually when the new owner tries to sell or mortgage. Carry the deed through to the record, and obtain the Index-2 (અનુક્રમણિકા-૨) — the Sub-Registrar's index entry — which every bank will ask for.

Before you buy

A chain-of-title search at the Sub-Registrar over thirteen or thirty years; the revenue record and its mutation entries; NA permission where the land was agricultural; and confirmation of who all the heirs are where the property came by inheritance. Title verification →

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Title documents and the full chain of title
  • 7/12 and 8-A extract, or the property card for urban property
  • Mutation entries in the revenue record
  • Photo ID and PAN for every party
  • Details of every co-owner or heir with an interest

Related

Common questions

Can a sale deed be notarised instead of registered?

No. Section 17(1) of the Registration Act, 1908 makes it compulsorily registrable, and section 49 bars an unregistered compulsorily-registrable document from affecting the property or being received as evidence of the transaction. A notarised sale deed transfers nothing.

The seller wants to sell through a power of attorney. Is that safe?

It can be, where the power is genuine, properly executed, registered and specifically authorises the sale — the attorney then executes the registered sale deed on the owner's behalf and title passes. What is not safe is buying the power of attorney itself as though it were the property. Bring the power and we will check it before you pay anything.

What is Index-2 and why does the bank want it?

Index-2 (અનુક્રમણિકા-૨) is the Sub-Registrar's index entry summarising a registered document — the parties, the property, the consideration and the date. It is the standard proof that a deed was actually registered, and it appears in every home loan file.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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