Deed & Agreement Drafting
Sale deeds, gift deeds, MoUs & more
Professional drafting of sale deeds, gift deeds, rental agreements, partnership deeds and MoUs — legally sound, stamp-duty optimised and registration-ready.
What's included
- Custom drafting (not templates)
- Stamp duty computation
- Registration guidance
- Two revision rounds included
Understanding Deed & Agreement Drafting
A deed is only as strong as its drafting. Sale deeds, gift deeds, lease agreements, partnership deeds, MoUs and family settlement deeds each carry different legal requirements on stamp duty, registration and tax, and a clause copied from the wrong template can cost far more than the property it covers. Stamp duty is a state subject — the same sale deed attracts different duty in Andhra Pradesh, Telangana, Maharashtra or Karnataka — and an under-stamped document can be impounded and penalised when you need it most.
Registration has hard deadlines. Under the Registration Act, 1908, a document must be presented for registration within 4 months of execution; the registrar can condone a delay of up to 4 further months on payment of a fine of up to 10 times the registration fee, after which the document simply cannot be registered. Sale of immovable property worth ₹100 or more must be registered, and an unregistered deed is generally inadmissible as evidence of the transaction — which is how buyers discover, years later, that their paper confers nothing.
Tax planning is baked into drafting. A gift of property to specified relatives — spouse, siblings, parents, children and their spouses, among others — is exempt from income tax in the recipient's hands under section 56(2)(x), and several states charge only concessional stamp duty on gifts to close family. Structured well, a family transfer costs a few thousand rupees; structured badly, it triggers full duty and taxable income. We draft, advise on duty and tax, and coordinate registration for ₹3,499, with drafts ready in 2-4 working days.
Who needs this?
Property buyers and sellers
A sale deed with clean title recitals, correct consideration and indemnities protects both sides, and TDS under section 194-IA applies on purchases of ₹50 lakh or more.
Families transferring property between relatives
Gift deeds and release deeds move property within the family at concessional stamp duty in many states and without income tax under section 56(2)(x), if the relationship and drafting are right.
Landlords and tenants
Rent and lease agreements need correct stamping, and leases of immovable property for more than 11 months, technically a year or more, require registration to be enforceable for their full term.
Business partners and co-founders
Partnership deeds, LLP agreements and founders' MoUs fix profit sharing, exit and dispute mechanics — and the income tax deductibility of partner remuneration depends on what the deed says.
Parties to business transactions
MoUs, agreements to sell, loan agreements, indemnity bonds and service agreements need terms that are actually enforceable, not just borrowed from an online template.
Families settling estates
Family settlement deeds and partition deeds divide inherited property while minimising stamp duty and avoiding capital gains triggers that a badly framed transfer can create.
When this is NOT the right fit
| Your situation | What applies instead |
|---|---|
| ✕You want a will drafted as a way to transfer property today | A will operates only on death and is freely revocable. If you need the transfer effective now, the correct instruments are a gift deed, sale deed or settlement deed — each with different duty and tax outcomes. |
| ✕You expect a notarised agreement to substitute for registration | Notarisation only authenticates signatures. For transactions where the Registration Act mandates registration, such as sale of immovable property, a notarised but unregistered deed does not convey title. |
| ✕The transaction is designed to conceal the real consideration | Understating sale consideration to save stamp duty invites duty on the circle rate anyway, taxes the difference under sections 50C and 56(2)(x), and can amount to an offence. We do not draft such documents. |
Not sure which applies to you? Message us — we'll point you to the right service in minutes, free.
Documents you'll need — and why
Title documents of the property
Previous sale deed, gift deed or partition deed establishes the chain of title that the new deed must recite accurately.
Encumbrance certificate
Shows registered mortgages, charges and prior transactions on the property, which must be disclosed or cleared before drafting the transfer.
Latest property tax receipts and utility bills
Evidence of possession and of no municipal dues, both of which feed the deed's recitals and indemnities.
PAN and Aadhaar of all parties
Required for registration, for TDS compliance on sales of ₹50 lakh or more, and to establish the relationship in gift deeds claiming the relative exemption.
Proof of relationship for gift and settlement deeds
The section 56(2)(x) exemption and concessional stamp duty both depend on the donee being a specified relative, so birth or marriage evidence matters.
Sanctioned plan and khata or mutation extract, where applicable
Confirms the property description, survey numbers and municipal records that the deed must match exactly to avoid future disputes.
Draft commercial terms agreed between parties
Consideration, payment schedule, possession date and special conditions are business decisions we convert into enforceable clauses.
Existing agreement or MoU, if any
An earlier agreement to sell or term sheet binds parts of the final deed and must be superseded or incorporated correctly.
How it works, step by step
- 1
Consultation and structure advice
Day 1We understand the transaction and advise on the right instrument — sale, gift, release, settlement or lease — comparing stamp duty and tax cost of each route in your state.
- 2
Document review and title check
Day 1-2We review the title chain, encumbrance certificate and municipal records so the deed's recitals are accurate and red flags surface before you commit.
- 3
Drafting and review round
Day 2-3The first draft goes to you within 2-3 days with plain-English explanations of key clauses; we incorporate your and the counterparty's comments.
- 4
Stamping and execution
Day 3-4We compute stamp duty for your state, arrange e-stamping or franking, and guide signing formalities including witnesses and photographs.
- 5
Registration coordination
Day 4 onwardsFor registrable deeds, we prepare the sub-registrar annexures, book the slot where the state portal allows, and brief you for the appearance.
Due dates to know
Presentation for registration
Within 4 months of execution
Section 23 of the Registration Act, 1908. The registrar may condone up to 4 further months on a fine of up to 10 times the registration fee.
TDS deposit on property purchase of ₹50 lakh or more
Within 30 days from the end of the month of deduction, via Form 26QB
Buyer deducts 1% under section 194-IA; late deposit attracts interest and late filing fees.
What non-compliance costs
Under-stamped deed relied on in court or before an authority
The document is impounded and admitted only on payment of deficit duty plus a penalty that can reach 10 times the deficit in most states.
Registrable deed never registered
The deed does not convey title and is inadmissible as evidence of the transaction under section 49 of the Registration Act, leaving the buyer or donee without enforceable rights.
Sale consideration understated below the circle rate
Stamp duty is charged on the guideline value regardless, the seller is taxed on the circle rate under section 50C, and the buyer can be taxed on the difference under section 56(2)(x).
Gift to a non-relative above ₹50,000
The full stamp duty value of the property is taxable as income in the recipient's hands under section 56(2)(x) — a mistake that turns a generous gesture into a large tax bill.
Why doing this right pays off
Right instrument, lowest lawful cost
We compare gift, release, settlement and sale routes for your state's stamp duty and the income tax outcome, so the transfer happens the cheapest legal way.
Clauses that anticipate disputes
Possession, indemnity, default, dispute resolution and force majeure clauses are drafted for your facts, not pasted from a template that was written for someone else.
Registration handled end to end
Duty computation, e-stamping, annexures and sub-registrar coordination are managed for you, so the 4-month registration window is never missed.
Tax checked before you sign
Capital gains, TDS under section 194-IA, and section 56(2)(x) exposure are evaluated at drafting stage, when they can still be planned rather than suffered.
CA-firm perspective on the money
Because we also handle tax filings, the deed is drafted with an eye on how the transaction will appear in returns, capital accounts and future assessments.
Common DIY mistakes we see
- Using an 11-month rent agreement template for what is really a multi-year lease, leaving the tenant unable to enforce the later years of an unregistered term.
- Gifting property to a cousin or friend assuming the relative exemption applies — cousins are not specified relatives under section 56(2)(x), and the full value becomes taxable.
- Missing the 4-month registration deadline and paying up to 10 times the registration fee as a condonation fine, or losing registrability altogether.
- Copying survey numbers and boundaries incorrectly from old documents, creating a mismatch with revenue records that stalls every future sale or loan.
- Understating consideration to save duty, then facing sections 50C and 56(2)(x) additions worth far more than the duty saved.
Frequently asked questions
It depends on your state, the instrument and sometimes the buyer's gender or the parties' relationship. Sale deeds typically attract roughly 4% to 8% of the higher of consideration or guideline value, while gifts to close relatives enjoy concessional or nominal duty in many states. We compute the exact figure for your state before execution.
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All-inclusive professional fee. Government fees (if any) extra at actuals.
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