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As Is Where Is Deed Of Sale

As Is Where Is Deed Of Sale Template for India

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As Is Where Is Deed Of Sale

"I need an As Is Where Is Deed of Sale for transferring a commercial warehouse property in Mumbai, with completion planned for March 2025, including specific clauses about existing tenant arrangements and utility payment obligations."

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Document background
The As Is Where Is Deed of Sale is a crucial legal instrument in Indian property transactions where the seller intends to transfer property without providing warranties about its condition. This document is commonly used in distressed asset sales, auction properties, bank foreclosures, or situations where the seller wishes to limit their liability regarding the property's condition. The deed, governed by Indian property laws, explicitly documents the buyer's acknowledgment of accepting the property in its current state, having conducted due diligence. It includes comprehensive details about the property, consideration, payment terms, and transfer conditions while emphasizing the 'as is where is' nature of the sale. This type of deed is particularly relevant in scenarios where transparent documentation of the property's current condition and buyer's acceptance is essential for legal clarity and future reference.
Suggested Sections

1. Parties: Details of the seller and purchaser including names, addresses, and legal capacity

2. Background: Context of the sale, brief property history, and seller's ownership proof

3. Definitions: Definitions of key terms used in the deed including property, completion date, encumbrances etc.

4. Property Details: Comprehensive description of the property being sold including its location and boundaries

5. As Is Where Is Declaration: Clear statement that property is being sold on 'as is where is' basis with buyer's acknowledgment

6. Consideration: Purchase price, payment terms, and confirmation of receipt

7. Transfer of Title: Terms of property transfer and ownership rights being conveyed

8. Seller's Representations: Limited representations regarding title and authority to sell

9. Buyer's Acknowledgments: Buyer's confirmation of property inspection and acceptance of condition

10. Possession: Terms of physical possession transfer and associated conditions

11. Registration and Expenses: Responsibilities for registration, stamp duty, and other transfer expenses

12. Governing Law: Specification of Indian law as governing law and jurisdiction details

Optional Sections

1. Existing Tenancies: Details of any existing tenants and lease arrangements, if property is tenanted

2. Outstanding Dues: Declaration of pending utility bills, property tax, or maintenance charges if applicable

3. Mortgage Details: If property has existing mortgage, details of arrangement for discharge

4. Power of Attorney: If sale is through power of attorney holder, include relevant details and authority

5. Third Party Rights: Details of any existing third party rights or claims on the property

6. Indemnification: Additional indemnification clauses if specific risks are identified

7. Force Majeure: Force majeure provisions if completion timeline is extended

8. Dispute Resolution: Detailed arbitration or mediation clause if preferred over court jurisdiction

Suggested Schedules

1. Schedule 1: Property Description: Detailed technical description of property including measurements and boundaries

2. Schedule 2: Title Documents: List of title documents being handed over to purchaser

3. Schedule 3: Encumbrances: List of existing encumbrances, if any, on the property

4. Schedule 4: Property Inspection Report: Buyer's inspection report acknowledging current condition

5. Schedule 5: Payment Schedule: Detailed breakdown of payment terms if payment is in installments

6. Appendix A: Property Documents: Copies of key property documents including tax receipts and permits

7. Appendix B: Property Photos: Current photographs of property documenting its condition

8. Appendix C: Authorization Documents: Copies of board resolutions, power of attorney, or other authorization documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Manufacturing

Retail

Hospitality

Industrial

Commercial Property

Residential Property

Banking and Finance

Infrastructure

Warehousing and Logistics

Relevant Teams

Legal

Real Estate

Facilities Management

Finance

Operations

Risk and Compliance

Property Management

Corporate Affairs

Asset Management

Due Diligence

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Facilities Manager

Asset Manager

Chief Legal Officer

Company Secretary

Finance Director

Real Estate Director

Operations Manager

Risk Manager

Compliance Officer

Property Valuation Expert

Due Diligence Officer

Transaction Manager

Industries








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