Sale is a transfer of full ownership of movable or immovable property in exchange for a price paid or promised or part paid or part promised.  ‘Price’ means money only and not any other thing tangible or intangible. Any other thing as consideration would make the transaction an exchange or barter.

In sale deed these above mentioned requirements must be clearly reflected or provided. A sale deed is also called is as a deed of conveyance. In practice, in land transactions, completion of sale of any land is accompanied by delivery of possession of the land. Sale deed is a document which is compulsory required to register at the sub registrar office under whose jurisdiction land situates.  Agreement for sale or a power of attorney authorising execution of sale deed is not transfer. 

Access to the land and use of the land is controlled by Government for various social, political and economical reasons. The Government has enacted number of enactments to restrict person’s right over the land. Any transfer made by violating these laws is void.

Normally seller is selling all land described in record of rights or described in property card of city survey department but sale of part of land is also possible. However as far as agricultural land concern under section 7 of The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, “fragment” is not allowed to transfer except to the owner of a contiguous survey number or recognized sub-division of survey numbers. Also no land shall be transferred so as to create “fragment”. Talathi is not empowered to subdivide the land. This power is coming under the Taluka Inspector Land Record. Subdivision of non agricultural land is possible only after permission of collector.  If land is owned by more than one person, his   undivided share or interest in a land can be transferred by sale. It is also possible to sell a building or structure without the land on which it stand.

Entire process of transfer of land completes in stages. The main stages are;

  1. settlement of the terms of the deal between the parties particularly relating to the consideration and the land to be transferred,
  2. preparation and execution of the agreement for sale,
  3. investigation of title of the land,
  4. preparation, execution and registration of sale deed, and
  5. change of the name of person  in the record of right/property card.