1. Parties to the Agreement (Buyer and Seller)
The primary authentication comes from the buyer and seller themselves, who must sign the sale agreement voluntarily in the presence of witnesses.
- Both parties must be of sound mind and legally eligible
- Signatures confirm mutual consent and acceptance of terms
- Thumb impressions may be added for extra security
- Must be executed on proper stamp paper as per state law
2. Witnesses to the Agreement
The presence of at least two witnesses during signing is legally necessary for validating a sale agreement.
- Witnesses must sign on each page
- Their identity (ID proof) may be recorded
- Strengthens enforceability in case of disputes
- Helps confirm that no party was coerced or misled
3. Stamping Authority (Revenue Department)
The agreement must be executed on non-judicial stamp paper of appropriate value, based on the applicable Stamp Act of the state.
- Stamp paper authenticates the document’s legality
- Value varies based on transaction type and consideration
- Under-stamped agreements may be inadmissible in court
- Stamp duty is not registration but a separate requirement
4. Sub-Registrar’s Office (Optional for Agreements)
While registration of a sale agreement is not always mandatory, it is highly recommended. When registered, it is authenticated by the Sub-Registrar.
- Registered under Section 17 of the Indian Registration Act, 1908
- Provides legal proof of agreement date and execution
- Validated with biometric, ID, and photo at the registrar’s office
- Makes it enforceable under law and protects buyer’s interest
5. Notary Public (For Unregistered Agreements)
If the agreement is not registered, it can be notarized to certify signatures and execution, though this doesn’t provide full legal enforceability.
- Confirms that the document was signed in presence of a notary
- Used for preliminary agreements or payment MoUs
- Notarization adds legal credibility but not title proof
- Useful in private deals or interim arrangements
6. Advocate or Legal Advisor (For Drafting & Validation)
A property lawyer may draft and validate the sale agreement, ensuring that it includes all necessary clauses, protecting both parties.
- Advises on legal safeguards like indemnity and possession terms
- Ensures compliance with RERA, land laws, and zoning
- Prevents loopholes that may risk the deal
- Can also act as witness or mediator during signing
7. Authorized Signatory (In Case of PoA or Entity Sale)
If the land is sold on behalf of a company, trust, or via Power of Attorney (PoA), the signatory must provide authorization documents during execution.
- Power of Attorney must be registered
- Companies require board resolution and authorized signatory ID
- Deed must reflect “acting on behalf of…” clause
- Verifiable authority must be presented at registration
8. Revenue Officer or Tahsildar (For Government Land)
In case of government-allotted or leasehold land, an officer such as a Tahsildar, SIDCO official, or estate officer may sign or countersign as an authenticating party.
- Applies to SIPCOT, MIDC, or KIADB land
- Needs official approval letter or allotment order
- Agreement is recorded in the land allotment register
- Land cannot be sold without official NOC and attestation
9. Registrar’s Seal and Registration Number (If Registered)
Once registered, the sale agreement carries an official seal, registration number, and entry in the registrar’s books, making it legally conclusive.
- Acts as admissible evidence in court
- Confirms time, place, and parties to the deal
- Adds legal finality to the contract
- Strengthens buyer’s right to specific performance suit
