Is a property sale affidavit mandatory?

Not mandatory by statute, but strongly recommended. Most buyers, lawyers, and banks insist on it for due diligence.

Does it replace the Sale Deed?

No. A Sale Deed is the primary document transferring ownership. The affidavit is a supporting declaration only.

What stamp paper value is required?

Usually ₹100–₹500 depending on the state and transaction value. Check your local stamp act.

Who should sign the affidavit?

Only the seller (all owners if multiple). The buyer does not sign.

Is notarization compulsory?

Yes, for document acceptance during registration/bank loan.

What if the property has joint owners?

All owners must sign the affidavit, either separately or jointly.

Can it be used for agricultural land?

Yes, the same format works with the appropriate property description.

What if there was a previous loan?

Mention the loan has been cleared and attach the no-dues certificate from the bank.

Is it required for a gift deed?

A similar donor affidavit format is used instead.

What is its validity period?

It is made at the time of sale and remains valid as a historical declaration.

Property Sale Affidavit Format & Generator Online

Property Sale Affidavit in India: Ensuring a Secure Real Estate Transaction

Real estate transactions in India involve substantial financial stakes and complex considerations. To protect the buyer's interests and establish transparency, sellers are commonly asked to provide supporting declarations beyond the sale deed. One such critical document format is the property sale affidavit—a statement that confirms clear ownership, absence of liabilities, and smooth transfer of possession.

This guide explains the property sale affidavit format in detail: its objectives, essential clauses, preparation process, role in registration, and best practices to avoid disputes in property sales across India.

What is a Property Sale Affidavit?

A property sale affidavit (often called seller's affidavit or declaration of no encumbrance) is a declaration made by the seller. It affirms absolute ownership, states that the property is free from loans, liens, or litigation, confirms receipt of full consideration, and records peaceful handover to the buyer.

This document format is typically executed alongside the registered sale deed and serves as additional assurance for the buyer.

Why is the Property Sale Affidavit Format Important?

It provides multiple layers of protection:

Verifies the seller's undisputed title and authority to sell
Declares no outstanding mortgages, disputes, or third-party claims
Confirms complete payment has been received
Documents transfer of vacant possession
Offers indemnity against future challenges
Meets bank requirements when the buyer avails a home loan

Essential Clauses for a Robust Affidavit Format

A thorough affidavit format must include:

Seller's complete details (name, address, PAN/Aadhaar)
Detailed property description (location, area, boundaries, survey details)
Statement of clear and marketable title
Declaration of no encumbrances or pending litigation
Sale amount in figures and words with payment confirmation
Handover of original documents and possession
Indemnity clause safeguarding the buyer
Undertaking of truthfulness

Step-by-Step Preparation Process

Creating the affidavit is efficient:

Input seller, buyer, and property details along with sale consideration into our free generator
Specify execution date and place
Download the ready document in English or regional languages
Print on non-judicial stamp paper (value ₹100–₹500, varies by state/transaction amount)
The seller signs before witnesses
Get notarized by a notary public or magistrate
Submit during sale deed registration

Is the Affidavit Format Required for Authenticity?

It is not compulsory by statute but practically indispensable, often requested by buyers, lawyers, banks, and sub-registrars in many states.

Key Supporting Documents

Encumbrance Certificate (EC) covering 30+ years
Chain of title deeds
Latest property tax and utility receipts
No-dues certificates from society or bank
Proof of payment (bank transfers, receipts)

Costs Overview

Minimal expense:

Stamp paper: ₹100–₹500
Notarization: ₹200–₹500
Total: Generally under ₹1000

Common Mistakes to Avoid

Inaccurate property boundaries or details
Omitting indemnity or encumbrance declarations
Using plain paper instead of stamp paper
Skipping notarization
Mismatch with sale deed terms

Best Practices for a Smooth Property Sale

Obtain a comprehensive Encumbrance Certificate early
Settle all outstanding dues and loans beforehand
Prepare multiple notarized copies for all parties
Consult a property lawyer for inherited or complex titles
Align affidavit content precisely with the sale deed

For related property matters, consider a Rent Agreement, Power of Attorney, or Property Dispute Declaration.

Conclusion

A property sale affidavit is a vital safeguard that enhances trust and security in real estate transactions. It complements the sale deed and minimises risks for the buyer.

Our free tool generates a detailed, registration-compliant affidavit format instantly—fully customizable and ready for notarization. Ensure your property sale proceeds with complete peace of mind!

Related Tools:
Rent Agreement | Power of Attorney | Will Draft | Notice for Recovery

For state-specific registration rules and stamp duty, refer to your local sub-registrar office or portals like IGR Maharashtra.

Last updated: January 2026

Property Sale Affidavit Generator

Guide to Property Sale Affidavit in India