Here below the Essential Requirements For Transfer of Immovable Property as per law.
The transfer must be between two or more living persons.
The property must be transferable.
Persons competent to transfer.
Methods of Transfer.
Must not have any conditions Restraining Alienation.
Rule against perpetuity.
All transfers of immovable property in urban areas are required to be registered under the Registration Act, 1908. This registration is necessary for official property records and tax purposes. This registration is done with the concerned sub-registrar which is normally the tehsildar office.
Furthermore, as per property act, sale must be in written form, having value equal or more then Rs. 1,000/-, duly stamped or written on stamp-paper, attested, and registered. Rights and liabilities of buyer and seller: Both, rights and liabilities are co-extensive. Rights of seller are the liabilities of buyer and vice versa.
The essential elements of a contract of sale are the following: (a) Consent or meeting of the minds, that is, consent to transfer ownership in exchange for the price; (b) Determinate subject matter; and (c) Price certain in money or its equivalent.