An agreement to sale records the price, payment schedule and conditions on which a seller will transfer property to a buyer. In Maharashtra, if possession is given or agreed to be given, the agreement is treated as a conveyance and attracts full stamp duty (about 6–7% in Pune); it must be registered at the Sub-Registrar office within four months of signing.
What is an agreement to sale?
An agreement to sale (also called an agreement for sale or agreement to sell) is a contract in which the seller promises to transfer a property to the buyer on future conditions — usually full payment, loan disbursement or the builder completing construction. Ownership passes later, through the sale deed or conveyance.
Under Section 54 of the Transfer of Property Act an agreement to sale does not by itself create ownership. In Maharashtra, however, the Stamp Act treats an agreement where possession is handed over or agreed to be handed over as a conveyance. That is why most flat purchase agreements in Pune pay full stamp duty at the agreement stage, and the later conveyance or possession needs only nominal additional duty.
Documents required for agreement to sale
Seller
- Aadhaar and PAN card
- Title deed / previous sale deed and Index-II
- Latest property-tax receipt and electricity bill
- Society NOC and share certificate (for flats)
- 7/12 extract or property card (for land)
Buyer
- Aadhaar and PAN card
- Passport-size photographs
- Bank sanction letter, if taking a home loan
- Payment details: cheque / RTGS references
Witnesses & others
- Aadhaar of two witnesses
- Power of attorney, if any party is represented
- Builder documents: RERA number, commencement certificate (new flats)
How the agreement to sale process works
- Title check
We review the seller’s chain of title, Index-II, society records and encumbrance status so you don’t pay advance on a disputed property.
- Draft the agreement
Price, earnest money, payment milestones, possession date, loan contingency, default and refund clauses are drafted and shared for approval.
- Stamp duty calculation
We compute duty on the higher of agreement value and ready reckoner value and generate the GRAS e-challan.
- SRO appointment
We book the Sub-Registrar slot (or e-registration where the builder offers it) and prepare the document for execution.
- Registration
Parties sign, photographs and thumbprints are taken at the SRO, and the registered agreement with Index-II is collected for you.
Get your agreement to sale done without the guesswork
Send your details on WhatsApp. We share the exact document list and stamp-duty estimate before you pay anything.
When do you need an agreement to sale?
- Booking a new flat — RERA Section 13 says a builder cannot take more than 10% of the flat cost without a registered agreement for sale.
- Buying a resale flat with a home loan — banks sanction loans against the registered agreement and Index-II.
- Buying land or a plot where payment is spread over months, or where conversion (NA) or measurement is pending.
- Locking the price while the seller arranges society NOC or clears an existing loan.
Stamp duty on agreement to sale in Pune
Stamp duty is charged on the higher of the agreement value and the government ready reckoner value of the property. In Pune Municipal Corporation limits, the combined rate including metro cess and local body tax is generally about 7%; in PCMC and other areas it ranges between 5% and 7% depending on the location. Women buyers receive a 1% concession on residential property, subject to conditions.
The registration fee is 1% of the value, capped at ₹30,000. Where possession is not given under the agreement, a different article of the Stamp Act applies and the duty is lower — we confirm which applies to your deal before you pay.
Tip: If you later cancel a registered agreement, you may be able to claim a refund of part of the stamp duty within the time limit allowed. See our cancellation deed service.
Mistakes we help buyers avoid
- Paying a large token amount on an unregistered “MOU” with no refund clause.
- Undervaluing the agreement — the SRO charges duty on ready reckoner value anyway, and undervaluation can trigger a notice under Section 32A.
- Missing the society NOC, pending dues or an existing bank charge on the flat.
- Not linking payment milestones to loan disbursement, leaving the buyer in default if the bank delays.
Agreement to Sale in Pune, Pimpri-Chinchwad, Mumbai, Thane & Palghar
We handle agreement to sale for clients across these cities. What differs locally:
| City | What to know locally |
|---|---|
| Pune | Stamp duty ~7% in PMC limits (6% for women), incl. metro cess & LBT. Registered at Haveli and Pune city Sub-Registrar offices. |
| Pimpri-Chinchwad | Stamp duty ~7% in PCMC limits (6% for women), incl. metro cess & LBT. Registered at Jurisdictional Sub-Registrar office for Pimpri-Chinchwad (Haveli / Maval / Mulshi as applicable). |
| Mumbai | Stamp duty 6% in BMC limits incl. 1% metro cess (5% for women). Registered at Mumbai City and Mumbai Suburban Sub-Registrar offices. |
| Thane | Stamp duty ~7% in TMC limits (6% for women), incl. metro cess & LBT. Registered at Thane district Sub-Registrar offices (Thane, Kalyan, Bhiwandi, Ulhasnagar, Ambernath). |
| Palghar | Stamp duty ~4–7% depending on corporation, council or gram panchayat limits. Registered at Palghar district Sub-Registrar offices (Vasai, Palghar, Dahanu and others). |
Frequently asked questions
What is the difference between an agreement to sale and a sale deed?
An agreement to sale is a promise to transfer the property on future conditions; a sale deed actually transfers ownership. In Maharashtra, an agreement with possession pays full stamp duty, so the later deed often needs only nominal duty. Read our detailed comparison.
Is registration of an agreement to sale compulsory in Maharashtra?
Any agreement on which stamp duty for a transfer is paid must be registered, and RERA requires builder agreements to be registered before more than 10% of the price is paid. An unregistered agreement cannot be used as evidence of the transaction in court.
How much stamp duty is payable on an agreement to sale in Pune?
Generally about 7% within PMC limits (including metro cess and LBT) and 5–7% elsewhere, on the higher of the agreement value and the ready reckoner value. Registration fee is 1%, capped at ₹30,000.
Can an agreement to sale be cancelled?
Yes, by a registered cancellation deed signed by both parties, or as per the default clause in the agreement. Part of the stamp duty may be refundable if you apply within the permitted period.
Do both buyer and seller need to visit the Sub-Registrar office?
Both parties (or their power-of-attorney holders) and two witnesses must be present at the SRO for signatures, photographs and thumbprints. We prepare everything in advance so the visit takes under an hour.
Can an NRI sign an agreement to sale from abroad?
Yes. The NRI can execute a power of attorney at the Indian embassy or consulate (or get it apostilled) in favour of someone in India, who then signs at the SRO. The POA must be adjudicated in Maharashtra within three months of arriving in India.
