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Deeds and agreements · Differences

Sale deed vs Agreement to sell

An agreement to sell is a promise to transfer the property later on agreed terms; it does not by itself make you the owner. The sale deed is the document that actually transfers ownership once it is stamped and registered. Most purchases have both: the agreement first, the sale deed at completion.

Side by side

FactorSale deedAgreement to sell
EffectTransfers ownershipCreates a contract to transfer later
Ownership passesYes, on registrationNo
When signedAt completion, after full paymentEarly, often with an advance
RegistrationCompulsoryRequired in some states and for RERA projects' agreements for sale
Stamp dutyFull duty on the conveyance, set by the stateSet by the state; some charge substantial duty on it
If a party backs outTransfer is complete; remedies are limitedSue for specific performance or refund under the terms
Used by lendersTitle document for the mortgageBasis for sanctioning the loan

When Sale deed matters

You are not the owner until the sale deed is registered. Pay the balance only against registration.

When Agreement to sell matters

The agreement fixes price, payment schedule, timelines and penalties. Read it before paying a significant advance; it governs everything until the sale deed.

In more detail

Section 54 of the Transfer of Property Act says a contract for sale does not, of itself, create any interest in or charge on the property. That is why the sale deed must follow.

For a new flat in a RERA-registered project, the builder cannot take more than 10% of the cost as an advance or application fee before entering into a written agreement for sale and registering it. States have their own model agreement forms.

Stamp duty on an agreement to sell varies a great deal by state; in some it is a small fixed sum, in others it is close to the duty on a sale, especially when possession is handed over.

Stamp duty by state →

Common questions

Does an agreement to sell transfer ownership?

No. Under section 54 of the Transfer of Property Act, a contract for sale does not by itself create any interest in the property. The registered sale deed does.

Is an agreement to sell compulsory to register?

It depends on the state and the kind of agreement. A RERA project's agreement for sale must be registered before the builder takes more than 10% of the cost.

Can I get a home loan on an agreement to sell?

Lenders sanction loans on the agreement and disburse against it, but they take the registered sale deed as security once it is executed.

Sources

  • Transfer of Property Act, 1882, section 54
  • Real Estate (Regulation and Development) Act, 2016, section 13
  • State stamp acts

A plain-language summary, not legal or tax advice. Rules set by states differ and change; check the current position for your property.

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