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Q.

Who is Executant and Claimant in Sale Deed?

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These terms are important because they clarify who is initiating the transfer and who is receiving the benefit of it, thereby ensuring legal clarity and enforceability of the deed. So, who is executant and claimant in sale deed? In the context of a sale deed, the key document that legally transfers ownership of immovable property, the executant and claimant denote the principal parties involved in the transaction.

What is Executant and Claimant?

  1. The executant is the person who executes the deed, typically the seller, as they are transferring their rights to the property. 

  2. Conversely, the claimant refers to the buyer, the party laying claim to the property by way of purchase.

  3. When examining the presentation of parties in a sale deed particularly in documents like the Encumbrance Certificate or the deed itself you will find explicit labeling where the “Executant” (seller) and “Claimant” (buyer) are identified.

  4. Their names along with thumb impressions or signatures are recorded under their respective role.

Thus, in the structured format of these legal documents:

  1. The seller, who is disposing of the property and executing the transfer, is labeled as the Executant.

  2. The buyer, who is acquiring the property and claiming rights, is designated as the Claimant.

I hope this was helpful.

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As a legal expert, I can tell you who is executant and claimant in sale deed. The sale deed is a document that the property’s executor, or seller, signs on behalf of the claimant, or buyer. To signify the transfer of the property, the executor signs the sale deed. I have shared more details about them below.

What is the Difference Between Claimant and Executant?

They refer to particular roles in the transaction when discussing a sale deed in India.

Executant 

The executant is the party who executes or signs the sale deed. 

  • This individual or entity is typically the seller, who transfers ownership of the property to the buyer. 

  • The executant ensures all terms outlined in the sale deed are fulfilled and must possess the legal capacity to enter into a contract.

Claimant

The claimant is often associated with a party asserting a right or claim under the sale deed. 

  • This refers to the buyer (also known as the purchaser) who claims ownership of the property once the sale deed is executed. 

  • The claimant may seek legal recourse if there are disputes regarding ownership or compliance with the terms of the sale.

I hope you found this helpful.

Get Your Sale Agreement Drafted and Verified by Legal Experts at NoBroker.

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