Agreement to Sell of Residential Apartment Through Transfer in Builder Records (Conveyance Deed Unregistered) — Format & Free Sample (₹49)

When this Apartment - Builder Transfer Records Agreement applies

Selling a residential apartment through transfer in the records of the builder, as the conveyance deed has not yet been registered with the authorities.

Who needs this template

• Sellers of apartments purchased from builders pre-registration
• Buyers acquiring apartments via builder records
• Property purchasers in ongoing projects
• Real estate professionals handling builder transactions

When you should use it

• When selling apartments before builder conveyance registration
• For properties transferred in builder's internal records only
• If the builder has not yet obtained government registration
• To clearly establish timeline for obtaining conveyance registration

Why a generic sale agreement is risky here

The free formats floating around online are written for a generic sale of property. They miss the specifics that make a apartment - builder transfer records transaction defensible in court. Specifically:

• Generic agreements don't address builder record transfer mechanics
• Unregistered conveyance deeds require specific indemnity clauses absent in standard forms
• Builder's continuing responsibility for registration is often vague
• Timeline for obtaining government registration is rarely specified in generic agreements

Clauses included in the editable Word file

Every clause is pre-drafted. You only fill in the blanks (names, addresses, amounts, dates) — no legal writing needed.

1. 1Sale through builder's record transfer (not registered deed)
2. 2Current status of builder's conveyance deed with authorities
3. 3Seller's representations regarding builder's pending registration
4. 4Timeline for obtaining conveyance deed registration
5. 5Indemnity for builder's failure to register
6. 6Transfer procedure in builder's books and records
7. 7Buyer's rights regarding eventual conveyance registration
8. 8Seller's obligation to follow up with builder on registration

Agreement to Sell vs Sale Deed — what’s the difference?

Stamp duty & registration — what you need to know

Stamp duty on an Agreement to Sell is a state subject and varies materially. The downloaded template carries blank fields and notes so you (or your local lawyer) can plug in the correct stamp value before printing.

• Without possession: Most states charge a nominal stamp duty (₹100–₹500). Karnataka and Maharashtra are exceptions where the duty can be higher.
• With possession: Treated like a conveyance in many states — same stamp duty as the eventual Sale Deed and compulsorily registrable.
• TDS: If the sale consideration exceeds ₹50 lakh, the buyer must deduct 1% TDS under Section 194-IA at the time of paying the seller.

This information is general guidance, not legal advice for your specific transaction. Confirm state-specific values with a local advocate or sub-registrar.