How to get Affidavit to Sell Property: Steps and Format

Learn what an affidavit to sell property is, types including marital consent affidavit, step-by-step process in Karnataka, and ready-reference formats for 2026. 

Quick Summary (TL; DR)

• An affidavit to sell property is a sworn written statement in which the seller makes specific legal declarations about the property  ownership, clear title, absence of disputes  to support the sale transaction

• It does not transfer property  only a registered sale deed does that  but it is a required supporting document in specific situations

• Types include: title affidavit, identity affidavit, affidavit of marital consent, affidavit of loss of documents, and affidavit of single ownership

• An affidavit of marital consent is required when a married person sells matrimonial property or jointly owned property, the non-selling spouse formally declares their consent

• Affidavits in Karnataka are typically executed on non-judicial stamp paper before a Notary Public or Executive Magistrate and do not require SRO registration

What Is an Affidavit to Sell Property?

Meaning, Legal Nature and What It Does

An affidavit is a written statement of facts that the person making it (the deponent) swears to be true, made voluntarily, and signed in front of a Notary Public, Executive Magistrate, or other authorised officer.

An affidavit to sell property is an affidavit executed in the context of a property sale in which the seller (or a relevant party) makes specific sworn declarations about the property, the seller's identity, the title, or the transaction.

It is not a sale deed. It is not a title document. It is a sworn declaration that supports the transaction.

Under the Indian Oaths Act, 1873, a false affidavit is a punishable offence under Section 193 of the Indian Penal Code (Bharatiya Nyaya Sanhita, 2023). Making a false declaration in a property affidavit can result in criminal prosecution for perjury.

Affidavits in property transactions serve one of three purposes:

• Confirming a fact that is not reflected in existing documents (identity, ownership status, absence of disputes)

• Filling a documentation gap (lost documents, name discrepancy, undivided share clarification)

• Expressing consent of a party whose agreement is legally required but whose signature on the main document is not available (marital consent, co-owner consent)

When Is an Affidavit Required in a Property Sale?

The Specific Situations That Trigger an Affidavit Requirement

Every property sale does not require every affidavit. Your transaction requires only the ones triggered by specific gaps or legal requirements.

What Are the Different Types of Affidavits in Property Transactions?

Each Type  What It Declares and When You Need It

1. Title Affidavit (Most Common)

The seller declares:

• They are the lawful owner of the property

• The property is free from all encumbrances, disputes, litigation, and adverse claims

• No government acquisition proceedings are pending

• The property tax is paid up to date

• They have full authority to sell the property

Required in virtually every property sale as a standard buyer's due diligence requirement.

2. Identity Affidavit

The seller declares that two different name representations in documents refer to the same person. For example, "Sunita Rao" in Aadhaar and "S. Rao" in the registered sale deed are the same individual.

Required when name variations exist across identity documents and title documents.

3. Affidavit of Marital Consent

The non-selling spouse declares that they are aware of and consent to the sale of a specific property by the other spouse. Covered in detail in a dedicated section below.

4. Affidavit of Loss of Documents

The seller declares that the original title documents have been lost  with details of when they were last seen, the police FIR reference, and the newspaper publication notice. This is executed along with a newspaper public notice and an indemnity bond.

5. Affidavit of Legal Heirship

Executed when property is inherited without formal succession documents. The legal heirs declare that they are the sole surviving heirs of the deceased owner and that no other claimant exists.

6. Affidavit of Sole Ownership

The seller declares that despite the property being acquired during marriage or in a joint family context, they are the sole legal owner  with no co-owner, undivided share holder, or adverse claimant.

7. Affidavit of Non-Encumbrance

Supplements the Encumbrance Certificate  the seller declares that no undisclosed mortgage, loan, or encumbrance exists beyond what appears in the EC.

8. Affidavit of Possession

For land with incomplete documentation, the seller declares uninterrupted, open, and peaceful possession for a specified number of years. Used in agricultural land sales and layouts with informal ownership history.

What Is an Affidavit of Marital Consent to Sell Property?

The Most Asked-About Affidavit in Bengaluru Property Sales

An affidavit of marital consent to sell property is a sworn statement by the spouse of the property seller  declaring that they are aware of and consenting to the sale of a specific property.

This affidavit protects the buyer and the transaction from a future legal challenge by the non-selling spouse.

Under Indian law:

• Property registered in one person's name is legally theirs to sell, even if married

• However, if the property was acquired with joint funds, is the matrimonial home, or was purchased with a joint loan, the non-selling spouse may have an equitable claim

• Courts have in various cases protected the interests of spouses who were unaware of a sale

• Buyers' lawyers therefore routinely ask for the spouse's consent affidavit as a protective measure  even when legally not strictly required

In Karnataka specifically:

The Sub-Registrar's Office may ask for a spouse's consent when:

• The property appears to be a matrimonial home

• The property is in a residential layout, and the seller is married

• The seller has indicated their marital status in their Aadhaar or other documents

Additionally, under Section 23 of the Hindu Marriage Act, 1955, and the general principle of protecting matrimonial property rights, the consent affidavit adds a layer of protection to the title.

For NRI sellers: If the spouse is abroad, the affidavit must be notarized in the country of residence and apostilled  similar to a POA. It is then produced at the SRO along with the sale deed.

The right affidavit, correctly executed, protects the sale. Vault Proptech makes sure nothing is missing. Talk to Vault Lawyer about your property sale documentation and get Legal Guidance.

When Is a Marital Consent Affidavit Required in Karnataka?

The Specific Triggers  and When It Is Just Good Practice

If the property is jointly owned by husband and wife, both must sign as co-sellers on the sale deed. An affidavit is not a substitute for the co-owner's signature on the deed.

The affidavit of marital consent applies specifically to situations where the property is in one spouse's name but the buyer or SRO wants the other spouse's acknowledgement of the transaction.

What Should an Affidavit to Sell Property Include?

The Essential Elements of Any Property Sale Affidavit

1. Heading: State the type of affidavit clearly, "Affidavit of Title and Ownership" or "Affidavit of Marital Consent to Sell Property."

2. Identity of Deponent: Full legal name, age, address, Aadhaar number, and PAN of the person making the affidavit.

3. Property Description: Complete legal description, survey number, site number, address, area, Khata number, and reference to the registered sale deed or title document through which ownership was acquired.

4. Specific Declarations: The sworn statements of fact that are the purpose of the affidavit. These must be specific, factual, and accurate.

5. Verification Clause: A standard clause stating: "I, the above-named deponent, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom."

6. Signature of Deponent: The deponent signs at the bottom and on each page.

7. Attestation by Notary or Magistrate: The Notary Public or Executive Magistrate stamps, signs, and dates the affidavit confirming that it was executed in their presence.

8. Date and Place of Execution: The exact date and city where the affidavit is executed.

What Does a Title Affidavit to Sell Property Look Like?

Format  Seller's Title Affidavit

AFFIDAVIT OF TITLE AND OWNERSHIP

I, [Seller Full Name], Son/Daughter/Wife of [Father's/Husband's Name], aged [___] years, residing at [Full Address], Aadhaar No. [___], PAN [___], do hereby solemnly affirm and declare as under:

1. That I am the absolute and lawful owner of the following property: Property Address: [Full Address, Bengaluru, Karnataka] Survey No. / Site No.: [___] | Extent: [___] sq.ft | Khata No.: [___] Acquired vide: Sale Deed No. [___], dated [___], registered at SRO [___] (hereinafter referred to as the "Said Property")

2. That the Said Property is free from all encumbrances, mortgages, charges, liens, claims, disputes, and litigations of any nature whatsoever, and no court or authority has passed any attachment, injunction, or acquisition order against the Said Property.

3. That I have not entered into any agreement to sell, agreement to lease, or any other transaction in relation to the Said Property other than the present transaction with [Buyer Name].

4. That all property taxes, BESCOM charges, BWSSB charges, and other statutory dues in respect of the Said Property have been paid up to date, and there are no arrears outstanding.

5. That there is no pending litigation, dispute, or adverse claim by any family member, co-owner, or third party with respect to the Said Property.

6. That I have full right, authority, and power to sell, transfer, and convey the Said Property to the buyer.

7. That the information given in this affidavit is true and correct to the best of my knowledge and nothing material has been concealed.

VERIFICATION: I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge, belief, and information, and no material fact has been concealed therefrom.

Solemnly affirmed and declared at Bengaluru on this [Date].

Deponent: _________________________ | Date: _______ Name: [___]

Before me: Notary Public / Executive Magistrate Name and Seal: [___]

Execute on non-judicial stamp paper. Value varies typically ₹20 to ₹100 for affidavits in Karnataka. Consult a lawyer for high-value transactions.

What Does an Affidavit of Marital Consent to Sell Property Look Like?

Format  Spouse's Consent Affidavit

AFFIDAVIT OF MARITAL CONSENT TO SELL PROPERTY

I, [Spouse's Full Name], Wife/Husband of [Seller's Full Name], aged [___] years, residing at [Full Address], Aadhaar No. [___], PAN [___], do hereby solemnly affirm and declare as under:

1. That I am the lawfully wedded spouse of [Seller's Full Name], who is the registered owner of the following property: Property Address: [Full Address, Bengaluru, Karnataka] Survey No. / Site No.: [___] | Extent: [___] sq.ft | Khata No.: [___] Registered in my spouse's name vide Sale Deed No. [___], dated [___], SRO [___] (hereinafter referred to as the "Said Property")

2. That I am fully aware that my spouse intends to sell and transfer the Said Property to [Buyer's Name] for a consideration of ₹[___] (Rupees [in words] only).

3. That I hereby give my free, voluntary, and unequivocal consent to the sale and transfer of the Said Property by my spouse to the said buyer.

4. That I have no claim, interest, share, or right in the Said Property either as a co-owner or otherwise, and I will not raise any objection to the sale, registration, or transfer of the Said Property at any time in the future.

5. That I am not executing this affidavit under any force, coercion, duress, or undue influence, and I am executing it with full understanding of the legal consequences thereof.

6. That the contents of this affidavit are true and correct to the best of my knowledge and nothing material has been concealed therefrom.

VERIFICATION: I, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge, belief, and information.

Solemnly affirmed and declared at [City] on this [Date].

Deponent (Spouse): _________________________ | Date: _______ Name: [___]

Before me: Notary Public / Executive Magistrate Name and Seal: [___]

For NRI spouses: Execute before a Notary Public in your country of residence, get it apostilled, and attach the original to the property documents in India.

The right affidavit, correctly executed, protects the sale. Vault Proptech makes sure nothing is missing. Talk to Vault Lawyer about your property sale documentation and get Legal Guidance.

What Are the Steps to Get an Affidavit to Sell Property Done Legally?

Step-by-Step  From Draft to Execution

Step 1: Identify Which Affidavit You Need

Before drafting anything, identify the specific gap or requirement:

Do not draft an affidavit before understanding exactly what is being asked for. An incorrectly worded affidavit will be rejected.

Step 2: Engage a Lawyer to Draft the Affidavit

A property lawyer in Bengaluru will draft the affidavit in the legally accepted format. The language must be precise, courts, and SROs look carefully at what is declared and what is not.

Do not use generic templates from the internet for property affidavits. A wrongly worded declaration in a title affidavit can be used against you in a future dispute.

Step 3: Purchase Non-Judicial Stamp Paper

Affidavits in Karnataka are typically executed on non-judicial stamp paper. The value varies:

• Affidavits for general declarations: ₹20 to ₹100 stamp paper (non-judicial)

• For high-value property transactions, a higher denomination may be asked for by the SRO or buyer

Purchase non-judicial stamp paper from a licensed stamp vendor or through SHCIL (shcilestamp.com).

Verify the applicable stamp paper value with the Notary Public or at igr.karnataka.gov.in as of March 2026.

Step 4: Print the Affidavit on Stamp Paper

The drafted affidavit is printed on the purchased stamp paper. The deponent's name and the date must be consistent across all pages; the deponent signs on each page and at the end.

Step 5: Appear Before a Notary Public or Executive Magistrate

The deponent must personally appear before:

• A Notary Public (the most common option  available at every court complex and many standalone offices in Bengaluru), or

• An Executive Magistrate (First Class Magistrate) at the jurisdictional government office

The deponent signs the affidavit in the presence of the Notary or Magistrate. The officer then attests the affidavit with their signature, seal, notary number, and date.

Notary Public locations in Bengaluru:

• City Civil Court complex, Shivajinagar

• District Courts, Bengaluru Urban and Rural

• Many independent Notary offices near SROs in Whitefield, Rajajinagar, Jayanagar

Step 6: Attach the Affidavit to the Transaction Documents

The notarised affidavit is attached to the property transaction documents, Agreement to Sell, sale deed file, or due diligence bundle as a supporting document.

For the SRO: If the registrar asks for an affidavit at the time of registration, the original notarised affidavit on stamp paper must be produced. Photocopies are not accepted.

Step 7: For NRI Deponents  Additional Steps

Step 8: Keep Certified Copies

After the original affidavit is produced at the SRO or attached to the sale deed file, keep at least two certified copies for your own records. The affidavit becomes part of the title bundle of the property and must be preserved permanently.

What Are the Steps Specifically for an Affidavit of Marital Consent?

The Consent Affidavit Process  Step by Step

Step 1: Confirm whether the SRO or the buyer's lawyer has specifically requested it. If yes, proceed. If not, evaluate whether the property is a matrimonial home or was jointly acquired  if so, get it done proactively.

Step 2: The spouse (not the seller) is the deponent. The seller's spouse drafts and executes the affidavit in their own name.

Step 3: Both spouses' identity documents are needed. Aadhaar, PAN, marriage certificate (if available), and the property's title documents.

Step 4: Draft using the format above. Engage a property lawyer to verify the draft before execution.

Step 5: Execute on stamp paper before a Notary Public. The spouse personally appears before the Notary; they cannot sign by proxy.

Step 6: If the spouse is abroad. notarise and apostille abroad and courier to India as described above.

Step 7: Produce the original at the SRO on registration day alongside all other property documents.

The right affidavit, correctly executed, protects the sale. Vault Proptech makes sure nothing is missing. Talk to Vault Lawyer about your property sale documentation and get Legal Guidance.

What Mistakes Should You Avoid in a Property Sale Affidavit?

Errors That Lead to Rejection or Future Legal Challenges

Property Sale Affidavits Done Right  Vault Proptech Handles It All

Affidavits in property transactions sound simple. But the wrong declaration  or a missing attestation  can hold up a ₹1 crore sale at the last minute or create a title dispute years later.

Whether it is a title affidavit before the sale, a marital consent affidavit from a spouse in Bengaluru or abroad, or an identity affidavit to resolve a name mismatch in old documents  Vault Proptech ensures every affidavit is correctly drafted, properly executed, and legally sound.

• Title and ownership affidavit drafting and notarization for property sellers

• Affidavit of marital consent  drafting, execution, and notarization in Bengaluru

• NRI affidavit coordination  apostille guidance, courier management, and India-side execution

• Identity affidavit for name mismatches across Aadhaar, PAN, and title documents

• Affidavit of loss of documents  with FIR and newspaper notice coordination

• Legal heirship affidavit for inherited property sales

• Affidavit of possession for land with incomplete title chain

• Full property due diligence before sale  EC, Khata, title verification, and document gap assessment

• NRI property sale management  complete compliance without India visit

• Civic escalation via BBMP, Kaveri, and Sakala when records need correction before sale

The right affidavit, correctly executed, protects the sale. Vault Proptech makes sure nothing is missing. Talk to Vault Proptech about your property sale documentation.