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Agreement for sale (advance or bayana agreement) for a property
An agreement between a seller and a buyer that records the price, the advance paid and the date by which the sale deed will be signed and registered.
What it is for
Use it after the buyer and the seller agree on a price and the buyer pays an advance (bayana or token money), but the sale deed will be signed later. For more than one seller or buyer, write the others in the optional box. A company or firm needs a board resolution or partners' consent: ask your advocate.
Who signs
The seller and the buyer sign every page and the last page. Two witnesses sign with their father's name and address.
Licences that need this format
Attach these
- ID and address proof and PAN of the seller and the buyer
- Copy of the seller's title documents (previous sale deed or allotment letter)
- Latest property tax receipt and electricity bill
- Proof of the advance paid (bank transfer or cheque copy)
- Two witnesses with ID proof
Stamp duty and registration
An agreement for sale is usually made on stamp paper, and the value depends on your state. It does not transfer ownership. The sale deed that follows must be on stamp paper of the right value and registered at the Sub-Registrar office. Choose your state above to see its stamp law, and use the stamp duty calculators for official rates.
Stamp duty depends on your state and on the document. We do not show an amount here, because it changes and differs by state. Check it on the official portal of your state's registration department. Portals we found on government sites (checked 21 Oct 2026):
For any other state, check stamp duty with your state's registration department.
Fill it in, then download
Fill in the form. The document on the right changes as you type. Download it as Word or PDF, print it, or copy the text. Nothing is sent anywhere.
Ready-to-use template based on current law. For property sale, partnership or high-value agreements, get it checked by an advocate before signing.
Last reviewed: 30 Oct 2026
Preview. Blanks you have not filled in are highlighted in yellow on screen, and print as plain lines.
AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made on this the ________ at ________
B E T W E E N
________, together with ________, hereinafter called and referred to as the "SELLER" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and assigns) of the ONE PART
A N D
________, together with ________, hereinafter called and referred to as the "BUYER" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and assigns) of the OTHER PART.
The Seller and the Buyer are together called the "Parties" and each a "Party".
WHEREAS:
A. The Seller is the absolute and lawful owner of, and is seized and possessed of, the immovable property described in the SCHEDULE below (the "Property"), having acquired it ________, as recorded in ________, and the name of the Seller has been recorded in the records of ________.
B. The Seller has represented to the Buyer that the Property is free from every mortgage, charge, lien, lease, tenancy, attachment, acquisition or requisition, litigation, claim and encumbrance, and that the Seller has full right, power and authority to sell it.
C. The Seller has agreed to sell and the Buyer has agreed to purchase the Property, with all rights of way, easements and appurtenances, at the price and on the terms and conditions set out below.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED AND COVENANTED BY AND BETWEEN THE PARTIES AS FOLLOWS:
Interpretation
1. That in this Agreement, unless the context requires otherwise: (a) "Property" means the property described in the SCHEDULE below; (b) "Sale Price" means the price stated in clause 3; (c) "Earnest Money" means the amount stated in clause 4; (d) "Sale Deed" means the deed of sale of the Property to be made by the Seller in favour of the Buyer; and (e) "Completion Date" means the day on which the Sale Deed is signed and registered. Headings are for convenience only and do not affect the meaning of any clause.
Agreement to sell and price
2. That the Seller hereby agrees to sell and the Buyer hereby agrees to purchase the Property, free from all encumbrances, with vacant and peaceful possession, on the terms of this Agreement.
3. That the total sale price of the Property is ________.
4. That the Buyer has paid to the Seller today ________ by ________, as earnest money (bayana) and part payment of the Sale Price, the receipt of which the Seller hereby admits and acknowledges by the memo of receipt at the foot of this Agreement. The Earnest Money shall be adjusted against the Sale Price.
5. That the balance of the Sale Price, being the Sale Price less the Earnest Money, shall be paid by the Buyer to the Seller at the time of signing and registration of the Sale Deed, against the Seller handing over vacant and peaceful possession of the Property.
Time and completion
6. That the Seller shall sign the Sale Deed in favour of the Buyer and present it for registration before the Registering Authority within ________ days from the date of this Agreement, and the Buyer shall pay the balance of the Sale Price and appear for registration on the same day. Time is of the essence of this Agreement as to the payment of the balance of the Sale Price and the signing of the Sale Deed.
7. That the Completion Date may be extended only by a written agreement signed by both Parties.
Title and documents
8. That the Seller shall, within ________ days from the date of this Agreement, hand over to the Buyer or the Buyer's advocate, for inspection, the original title deeds, the chain of earlier deeds, the latest tax receipts and the other papers relating to the Property. The Buyer may have the title searched and may raise written requisitions within a reasonable time, and the Seller shall answer them and remove every defect at the Seller's own cost before the Completion Date.
9. That the Seller declares, represents and warrants to the Buyer that: (a) the Seller is the sole and absolute owner of the Property and has a clear and marketable title to it; (b) the Property is not subject to any mortgage, charge, lien, lease, tenancy, licence or attachment, and no person other than the Seller has any right, title or interest in it; (c) no suit, proceeding, notice of acquisition or requisition, or order of any court or authority is pending or threatened in respect of the Property; (d) the Seller has not entered into any other agreement to sell, gift, mortgage or otherwise part with the Property; (e) all taxes, rates, charges and dues of every kind up to the date of this Agreement have been paid; and (f) the Property has been built and is used in accordance with the sanctioned plan and the permissions required by law, except as the Seller has stated in writing to the Buyer.
10. That, from today until the Completion Date, the Seller shall not sell, mortgage, lease, let out, gift, charge or otherwise part with or create any right in the Property in favour of any other person, and shall keep the Property in good condition.
11. That the Seller shall obtain, at the Seller's own cost and before the Completion Date, every no-objection certificate, no-dues certificate and clearance required for the transfer of the Property from the society, association, builder, authority or supplier concerned.
Possession and outgoings
12. That the Seller shall hand over vacant and peaceful physical possession of the Property to the Buyer, with the keys and all original papers of title, on the Completion Date against payment of the balance of the Sale Price.
13. That all taxes, rates, electricity, water and maintenance charges and other outgoings for the Property up to the date of handing over possession shall be borne and paid by the Seller, and those after that date by the Buyer.
Tax
14. That the Buyer shall deduct tax at source from the Sale Price where the law requires it, under ________, shall deposit it with the Government and shall give the Seller the certificate of deduction. The amount so deducted shall be treated as part payment of the Sale Price.
Default
15. That if the Buyer, without lawful reason, fails to pay the balance of the Sale Price and complete the purchase by the Completion Date (as extended), the Seller may cancel this Agreement by a written notice of ________ days and may forfeit out of the Earnest Money an amount up to ________ percent of the Sale Price, as reasonable compensation, and shall refund the rest of the Earnest Money to the Buyer within thirty days of the notice. The Seller shall then be free to sell the Property to any other person.
16. That if the Seller, without lawful reason, fails to sign and present the Sale Deed for registration by the Completion Date (as extended), or if the title to the Property is found to be defective or encumbered, the Buyer may, at the Buyer's option, (a) cancel this Agreement by a written notice and require the Seller to refund the Earnest Money within thirty days together with interest at ________ percent a year from the date of payment until refund, and to pay reasonable compensation; or (b) require the Seller to perform this Agreement, and may enforce it by a suit for specific performance under the Specific Relief Act, 1963 (law reference to be confirmed by your advocate).
17. That the rights given by clauses 15 and 16 are in addition to every other right and remedy of the Parties under the law.
Indemnity
18. That the Seller shall keep the Buyer fully indemnified against every loss, damage, claim, cost and expense which the Buyer may suffer because of any defect in the title of the Seller, any breach of the declarations and warranties in this Agreement, or any claim by any other person against the Property relating to the period before the Completion Date.
Stamp duty and registration
19. That the stamp duty on this Agreement shall be paid as required by the stamp law of the State of ________ (________). The stamp duty and registration charges on the Sale Deed shall be borne by ________. The Parties shall get this Agreement registered if the law of the State so requires (________), and the Sale Deed shall be registered as the law requires.
General
20. That neither Party shall be liable for delay or failure in performing this Agreement which is caused by an event beyond its reasonable control, including natural calamity, war, riot, epidemic, or an order of a court or Government, for as long as that event continues, and the time for performance shall be extended accordingly.
21. That every notice under this Agreement shall be in writing and sent by registered post or speed post, or by courier, to the address of the Party written above or to any other address notified in writing, and shall be treated as received on the third day after posting.
22. That, subject to clause 23, if any dispute arises out of or in connection with this Agreement, the Parties shall first try to settle it by discussion within thirty days of a written notice of the dispute. Any dispute not so settled shall be referred to a sole arbitrator appointed by mutual consent, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, the language shall be English, and the award shall be final and binding.
23. That the ________ alone shall have jurisdiction in respect of any dispute arising out of or in connection with this Agreement, subject to clause 22.
24. That if any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
25. That this Agreement is the entire agreement between the Parties on its subject and replaces every earlier understanding. It may be changed only by a written document signed by both Parties.
26. That each Party shall sign every document and do every act reasonably required to give full effect to this Agreement, including the signing of the Sale Deed, and the costs of the Seller's advocate shall be borne by the Seller and those of the Buyer's advocate by the Buyer.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT ________, having an area of about ________ ________, being Premises or Unit No. ________, Plot or Survey or Khata No. ________, ________, within the local limits of ________, in the District of ________, State of ________, PIN ________, together with all rights, easements, fixtures and fittings, and bounded as follows:
ON THE NORTH: ________
ON THE SOUTH: ________
ON THE EAST: ________
ON THE WEST: ________
IN WITNESS WHEREOF the Parties have set and subscribed their respective hands on the day, month and year first above written.
SIGNED AND DELIVERED by the within named SELLER: ________
Signature: ______________________
SIGNED AND DELIVERED by the within named BUYER: ________
Signature: ______________________
WITNESSES:
MEMO OF EARNEST MONEY: Received from the within named Buyer ________ by ________, as earnest money (bayana) under this Agreement.
Signature of the Seller: ______________________
Drafted by: ________
Prepared in my office.
ANNEXURES: Annexure A: Copies of the title deeds and tax receipts of the Seller. Annexure B: Proof of payment of the Earnest Money. Annexure C: Identity and address proof of the Parties.
AGREEMENT FOR SALE
THIS AGREEMENT FOR SALE is made on this the ________ at ________
B E T W E E N
________, together with ________, hereinafter called and referred to as the "SELLER" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and assigns) of the ONE PART
A N D
________, together with ________, hereinafter called and referred to as the "BUYER" (which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and assigns) of the OTHER PART.
The Seller and the Buyer are together called the "Parties" and each a "Party".
WHEREAS:
A. The Seller is the absolute and lawful owner of, and is seized and possessed of, the immovable property described in the SCHEDULE below (the "Property"), having acquired it ________, as recorded in ________, and the name of the Seller has been recorded in the records of ________.
B. The Seller has represented to the Buyer that the Property is free from every mortgage, charge, lien, lease, tenancy, attachment, acquisition or requisition, litigation, claim and encumbrance, and that the Seller has full right, power and authority to sell it.
C. The Seller has agreed to sell and the Buyer has agreed to purchase the Property, with all rights of way, easements and appurtenances, at the price and on the terms and conditions set out below.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED AND COVENANTED BY AND BETWEEN THE PARTIES AS FOLLOWS:
Interpretation
1. That in this Agreement, unless the context requires otherwise: (a) "Property" means the property described in the SCHEDULE below; (b) "Sale Price" means the price stated in clause 3; (c) "Earnest Money" means the amount stated in clause 4; (d) "Sale Deed" means the deed of sale of the Property to be made by the Seller in favour of the Buyer; and (e) "Completion Date" means the day on which the Sale Deed is signed and registered. Headings are for convenience only and do not affect the meaning of any clause.
Agreement to sell and price
2. That the Seller hereby agrees to sell and the Buyer hereby agrees to purchase the Property, free from all encumbrances, with vacant and peaceful possession, on the terms of this Agreement.
3. That the total sale price of the Property is ________.
4. That the Buyer has paid to the Seller today ________ by ________, as earnest money (bayana) and part payment of the Sale Price, the receipt of which the Seller hereby admits and acknowledges by the memo of receipt at the foot of this Agreement. The Earnest Money shall be adjusted against the Sale Price.
5. That the balance of the Sale Price, being the Sale Price less the Earnest Money, shall be paid by the Buyer to the Seller at the time of signing and registration of the Sale Deed, against the Seller handing over vacant and peaceful possession of the Property.
Time and completion
6. That the Seller shall sign the Sale Deed in favour of the Buyer and present it for registration before the Registering Authority within ________ days from the date of this Agreement, and the Buyer shall pay the balance of the Sale Price and appear for registration on the same day. Time is of the essence of this Agreement as to the payment of the balance of the Sale Price and the signing of the Sale Deed.
7. That the Completion Date may be extended only by a written agreement signed by both Parties.
Title and documents
8. That the Seller shall, within ________ days from the date of this Agreement, hand over to the Buyer or the Buyer's advocate, for inspection, the original title deeds, the chain of earlier deeds, the latest tax receipts and the other papers relating to the Property. The Buyer may have the title searched and may raise written requisitions within a reasonable time, and the Seller shall answer them and remove every defect at the Seller's own cost before the Completion Date.
9. That the Seller declares, represents and warrants to the Buyer that: (a) the Seller is the sole and absolute owner of the Property and has a clear and marketable title to it; (b) the Property is not subject to any mortgage, charge, lien, lease, tenancy, licence or attachment, and no person other than the Seller has any right, title or interest in it; (c) no suit, proceeding, notice of acquisition or requisition, or order of any court or authority is pending or threatened in respect of the Property; (d) the Seller has not entered into any other agreement to sell, gift, mortgage or otherwise part with the Property; (e) all taxes, rates, charges and dues of every kind up to the date of this Agreement have been paid; and (f) the Property has been built and is used in accordance with the sanctioned plan and the permissions required by law, except as the Seller has stated in writing to the Buyer.
10. That, from today until the Completion Date, the Seller shall not sell, mortgage, lease, let out, gift, charge or otherwise part with or create any right in the Property in favour of any other person, and shall keep the Property in good condition.
11. That the Seller shall obtain, at the Seller's own cost and before the Completion Date, every no-objection certificate, no-dues certificate and clearance required for the transfer of the Property from the society, association, builder, authority or supplier concerned.
Possession and outgoings
12. That the Seller shall hand over vacant and peaceful physical possession of the Property to the Buyer, with the keys and all original papers of title, on the Completion Date against payment of the balance of the Sale Price.
13. That all taxes, rates, electricity, water and maintenance charges and other outgoings for the Property up to the date of handing over possession shall be borne and paid by the Seller, and those after that date by the Buyer.
Tax
14. That the Buyer shall deduct tax at source from the Sale Price where the law requires it, under ________, shall deposit it with the Government and shall give the Seller the certificate of deduction. The amount so deducted shall be treated as part payment of the Sale Price.
Default
15. That if the Buyer, without lawful reason, fails to pay the balance of the Sale Price and complete the purchase by the Completion Date (as extended), the Seller may cancel this Agreement by a written notice of ________ days and may forfeit out of the Earnest Money an amount up to ________ percent of the Sale Price, as reasonable compensation, and shall refund the rest of the Earnest Money to the Buyer within thirty days of the notice. The Seller shall then be free to sell the Property to any other person.
16. That if the Seller, without lawful reason, fails to sign and present the Sale Deed for registration by the Completion Date (as extended), or if the title to the Property is found to be defective or encumbered, the Buyer may, at the Buyer's option, (a) cancel this Agreement by a written notice and require the Seller to refund the Earnest Money within thirty days together with interest at ________ percent a year from the date of payment until refund, and to pay reasonable compensation; or (b) require the Seller to perform this Agreement, and may enforce it by a suit for specific performance under the Specific Relief Act, 1963 (law reference to be confirmed by your advocate).
17. That the rights given by clauses 15 and 16 are in addition to every other right and remedy of the Parties under the law.
Indemnity
18. That the Seller shall keep the Buyer fully indemnified against every loss, damage, claim, cost and expense which the Buyer may suffer because of any defect in the title of the Seller, any breach of the declarations and warranties in this Agreement, or any claim by any other person against the Property relating to the period before the Completion Date.
Stamp duty and registration
19. That the stamp duty on this Agreement shall be paid as required by the stamp law of the State of ________ (________). The stamp duty and registration charges on the Sale Deed shall be borne by ________. The Parties shall get this Agreement registered if the law of the State so requires (________), and the Sale Deed shall be registered as the law requires.
General
20. That neither Party shall be liable for delay or failure in performing this Agreement which is caused by an event beyond its reasonable control, including natural calamity, war, riot, epidemic, or an order of a court or Government, for as long as that event continues, and the time for performance shall be extended accordingly.
21. That every notice under this Agreement shall be in writing and sent by registered post or speed post, or by courier, to the address of the Party written above or to any other address notified in writing, and shall be treated as received on the third day after posting.
22. That, subject to clause 23, if any dispute arises out of or in connection with this Agreement, the Parties shall first try to settle it by discussion within thirty days of a written notice of the dispute. Any dispute not so settled shall be referred to a sole arbitrator appointed by mutual consent, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________, the language shall be English, and the award shall be final and binding.
23. That the ________ alone shall have jurisdiction in respect of any dispute arising out of or in connection with this Agreement, subject to clause 22.
24. That if any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
25. That this Agreement is the entire agreement between the Parties on its subject and replaces every earlier understanding. It may be changed only by a written document signed by both Parties.
26. That each Party shall sign every document and do every act reasonably required to give full effect to this Agreement, including the signing of the Sale Deed, and the costs of the Seller's advocate shall be borne by the Seller and those of the Buyer's advocate by the Buyer.
THE SCHEDULE ABOVE REFERRED TO
ALL THAT ________, having an area of about ________ ________, being Premises or Unit No. ________, Plot or Survey or Khata No. ________, ________, within the local limits of ________, in the District of ________, State of ________, PIN ________, together with all rights, easements, fixtures and fittings, and bounded as follows:
ON THE NORTH: ________
ON THE SOUTH: ________
ON THE EAST: ________
ON THE WEST: ________
IN WITNESS WHEREOF the Parties have set and subscribed their respective hands on the day, month and year first above written.
SIGNED AND DELIVERED by the within named SELLER: ________
Signature: ______________________
SIGNED AND DELIVERED by the within named BUYER: ________
Signature: ______________________
WITNESSES:
MEMO OF EARNEST MONEY: Received from the within named Buyer ________ by ________, as earnest money (bayana) under this Agreement.
Signature of the Seller: ______________________
Drafted by: ________
Prepared in my office.
ANNEXURES: Annexure A: Copies of the title deeds and tax receipts of the Seller. Annexure B: Proof of payment of the Earnest Money. Annexure C: Identity and address proof of the Parties.
How to execute this document
- Stamp paper: The value depends on your state and on the document. See the stamp duty calculators for official rates. Stamp duty calculators
- Notarisation: Often done for the record, but it does not replace registration where the law requires registration.
- Registration: The Registration Act does not generally make an agreement for sale compulsory to register, but some states require it or charge stamp duty on it. Check your state. The sale deed that follows must be registered.
- Who signs: The seller and the buyer sign every page and the last page. Two witnesses sign with their father's name and address.
- Witnesses: 2 adults who see you sign. Each writes name, address and signature.
- ID and photos: Carry original ID and a recent photo of every person who signs. Never write an Aadhaar number on the document.
- Where to submit: Keep it with the parties. Take it to the Sub-Registrar office if it must be registered.
Common mistakes
- Signing before the stamp paper is bought or before the registration slot.
- Names or spellings that do not match the ID.
- Leaving any blank line or a missing witness address.
- Not registering a document that the law says must be registered.
Clause guide
Each part of the document in simple words.
Seller, buyer and recitals
Earnest money (bayana)
Time to complete
Title and documents
Default by the buyer or the seller
Tax at source
Stamp duty and registration
Schedule and boundaries
Disputes
Common questions
Is an agreement for sale the same as a sale deed?
Must an agreement for sale be registered?
How much advance should I pay?
What if the seller backs out?
Is this document reviewed by an advocate?
Aksar pooche jaane wale sawaal
Yahi jaankari, Hinglish mein.