Transactions-Terms & Conditions

SUKHITVA CONSULTING SERVICES

Property Deal Transactions – Terms & Conditions

Effective Date: [24 March 2024]

1. Introduction

Sukhitva Consulting Services (“Sukhitva”, “we”, “us” or “our”) provides professional real estate consulting, property advisory, transaction facilitation, due diligence, documentation support, property valuation, property search, site-visit and related property services.

These Property Deal Transactions – Terms & Conditions (“Terms”) govern the engagement between Sukhitva and its customers (“Client”, “you” or “your”) for property-related consulting and transaction support services.

By engaging Sukhitva, requesting a service, approving a quotation, making a payment, or proceeding with a property transaction facilitated or supported by Sukhitva, the Client acknowledges and agrees to these Terms.


2. Nature of Sukhitva Services

Sukhitva acts primarily as a Real Estate Consulting and Property Advisory Service Provider.

Depending on the engagement, Sukhitva may assist with:

  • Property identification and shortlisting
  • Property buying and selling assistance
  • Property investment advisory
  • Property rental and leasing assistance
  • Property/site visits and Property Tour services
  • Market research and comparable-property analysis
  • Property valuation
  • Land records extraction and verification
  • Encumbrance Certificate (EC) extraction/support
  • Khatha extraction and assistance
  • New Khatha assistance
  • Property document collection and document coordination
  • Technical and legal due-diligence coordination
  • Financial and transaction advisory
  • Negotiation and transaction coordination
  • Sale deed registration coordination
  • Post-registration coordination
  • End-to-End (“E2E”) transaction support

The specific services included in each engagement will depend upon the quotation, proposal, service order, engagement letter or written confirmation issued by Sukhitva.


3. Service Categories and Fee Structure

Sukhitva may charge the Client through one or more of the following methods:

A. Consulting Service Fee

A fixed or time-based professional fee for providing advisory, research, consultation, analysis, coordination or professional assistance.

B. Success-Based Commission

A transaction-linked fee payable when a property transaction is successfully concluded through Sukhitva’s involvement, introduction, facilitation or consulting support.

C. Service Charges

Specific charges applicable to individual services such as property tours, document extraction, property valuation, Khatha-related services, EC extraction and other administrative/property-support services.

D. E2E Service Fee

A consolidated fee for an agreed package of services covering multiple stages of a property transaction.

E. Government / Statutory / Third-Party Charges

Government fees, registration charges, stamp duty, application fees, professional fees, advocate fees, surveyor fees, technical consultant fees, authority charges, document-copy charges, travel expenses and other third-party expenses are generally payable separately by the Client unless specifically included in a written quotation.


4. Consulting Service Fee

Sukhitva may charge a Consulting Service Fee for professional advice and assistance provided to a Client.

Consulting may include:

  • Understanding the Client’s property requirement
  • Investment consultation
  • Market analysis
  • Property comparison
  • Location analysis
  • Investment suitability assessment
  • Transaction strategy
  • Buyer/seller advisory
  • Negotiation strategy
  • Property acquisition planning
  • Property disposal strategy
  • Real estate investment advisory
  • Technical/legal/financial coordination

The applicable fee will be communicated to the Client before commencement of the relevant assignment wherever reasonably practicable.

Unless otherwise agreed in writing, consulting fees are payable irrespective of whether the Client ultimately completes a property transaction.


5. Property Buying / Acquisition Commission

Where Sukhitva facilitates or substantially assists in identifying, introducing, evaluating, negotiating or closing a property acquisition, a transaction-based commission may be applicable.

The commission may be calculated as:

Commission = Agreed Percentage × Final Transaction Value

or as a mutually agreed fixed amount.

The applicable percentage or fixed amount will be communicated to the Client before or during engagement.

The commission may become payable upon any of the following, as specified in the engagement:

  • Signing of an agreement to sell;
  • Payment of an advance/token amount;
  • Execution of a sale agreement;
  • Completion of registration; or
  • Successful completion of the transaction.

The exact payment trigger will be stated in the quotation or engagement confirmation.


6. Property Selling / Disposal Commission

Where Sukhitva assists a property owner in selling a property, a transaction-based commission may be applicable.

Services may include:

  • Property assessment
  • Market positioning
  • Buyer identification
  • Property marketing coordination
  • Buyer qualification
  • Site-visit coordination
  • Negotiation assistance
  • Transaction coordination
  • Documentation coordination
  • Registration coordination

The applicable commission may be a percentage of the final transaction value or a mutually agreed fixed fee.


7. Rental / Lease Transaction Charges

For rental and lease transactions, Sukhitva may charge a consulting/service/transaction fee based on the nature of the assignment.

The fee may depend upon:

  • Property type
  • Monthly rental value
  • Lease value
  • Lease tenure
  • Transaction complexity
  • Scope of services
  • Negotiation and documentation support required

The applicable fee will be communicated before completion of the transaction.


8. Property Tour Charges

Property Tour is a professional service involving property/site identification, scheduling, coordination and guided site visits.

The indicative Property Tour charges are:

Property CategoryProfessional Fee
Residential Property Tour – up to 2 hours₹5,000 + applicable GST
Farmland Property Tour₹7,500 + applicable GST
Commercial Land Property Tour₹8,500 + applicable GST
Industrial Land Property Tour₹10,000 + applicable GST

The above charges may be revised based on:

  • Number of properties
  • Distance/location
  • Duration
  • Number of participants
  • Special technical requirements
  • Multiple-site visits
  • Travel requirements
  • Additional coordination requirements

Unless otherwise agreed, the Property Tour fee is a professional service charge and is not refundable merely because the Client does not purchase or lease a property.

Travel, accommodation, toll, parking and other out-of-pocket expenses, where applicable, may be charged separately.


9. Property Valuation Service

Sukhitva may provide property valuation and market assessment services based on available information and field-level assessment.

A valuation assignment may consider:

  • Location
  • Road connectivity
  • Property dimensions
  • Land use
  • Development potential
  • Water availability
  • Electricity availability
  • Nearby infrastructure
  • Nearby transactions
  • Market demand
  • Surrounding development
  • Water bodies / Raja Kaluve / lake / river-related considerations
  • Government development plans
  • Accessibility
  • Local market conditions
  • Other relevant factors

The valuation report is an advisory/market assessment report unless expressly issued by a person or entity legally authorized to issue a statutory valuation for a specific purpose.

The professional fee will depend on property type, location, size, complexity and report requirements and will be quoted separately.


10. Land Records Extraction & Verification Services

Sukhitva may assist Clients in obtaining, compiling and reviewing available land/property records.

Depending upon availability and applicability, services may include extraction/collection of:

  • Mother Deed (MD)
  • Link/Previous Title Documents
  • Land Revenue Records
  • RTC
  • Mutation Register (MR)
  • Phodi documents
  • Akarband
  • Atlas/Survey-related records
  • Alienation (ALN) documents
  • PTCL-related records
  • Acquisition-related records
  • Conversion documents
  • Khatha
  • Encumbrance Certificate (EC)
  • Other relevant revenue/municipal records

Charges depend upon:

  • Number of documents
  • Number of years to be searched
  • Property location
  • Authority involved
  • Availability of online records
  • Physical office visits
  • Record complexity
  • Translation/certification requirements

Government fees, certified-copy fees and third-party expenses are payable separately unless included in the quotation.


11. Encumbrance Certificate (EC) Extraction Service

Sukhitva may assist with EC application, extraction, downloading, collection, compilation and basic review of available EC records.

The service charge may include:

  • Application assistance
  • Record search assistance
  • EC extraction/download
  • Document compilation
  • Basic observations

The applicable government fee, portal fee or certified-copy fee, if any, shall be payable separately.

An EC represents the records available from the relevant authority for the applicable period and does not by itself constitute complete title verification.


12. Khatha Extraction Service

Sukhitva may assist with obtaining/extracting available Khatha-related records.

Depending on the property and jurisdiction, assistance may include:

  • Existing Khatha extraction
  • Khatha certificate
  • Khatha extract
  • Property tax records
  • Assessment details
  • Document compilation
  • Application coordination

Professional service charges will be quoted based on the property, jurisdiction and scope.

Government fees and statutory charges are payable separately.


13. New Khatha Assistance

Sukhitva may provide end-to-end coordination support for eligible New Khatha-related applications.

The service may include:

  1. Requirement assessment
  2. Document checklist
  3. Document collection/coordination
  4. Application preparation assistance
  5. Online/offline application coordination
  6. Authority submission coordination
  7. Follow-up coordination
  8. Status tracking
  9. Collection/download of available records

The professional service fee will be communicated separately based on the property and jurisdiction.

Important: Payment of a professional service fee does not guarantee approval, sanction, issuance or processing time by any government or local authority.

Any government fee, tax, penalty, betterment charge, conversion-related charge, municipal fee, application fee or other statutory amount shall be payable separately by the Client unless expressly included in the quotation.


14. Legal Document Extraction & Legal Coordination

Sukhitva may assist in identifying, collecting, organizing and coordinating property documents.

Where legal opinion, title verification, drafting, legal due diligence or legal representation is required, Sukhitva may coordinate with an appropriately qualified independent legal professional.

Legal professional fees, advocate fees, court fees, certified-copy fees and other legal expenses shall be separately payable unless specifically included in the engagement.

Sukhitva’s document coordination service should not be interpreted as a substitute for an independent legal opinion.


15. Technical Due Diligence

Where required, Sukhitva may coordinate technical assessment relating to:

  • Site accessibility
  • Road connectivity
  • Site dimensions
  • Development potential
  • Physical site conditions
  • Water availability
  • Electricity availability
  • Surrounding development
  • Infrastructure
  • Land-use considerations
  • Other property-specific technical factors

Specialist technical services such as survey, structural assessment, soil testing, engineering reports, architectural assessment or environmental assessment may be performed by independent professionals and charged separately.


16. Comprehensive Property Due Diligence

For larger or more complex transactions, Sukhitva may provide a comprehensive due-diligence assignment covering multiple dimensions.

Depending on the scope, the assignment may include:

Title & Document Review

Revenue Record Review

EC Review

Khatha Review

Land-Use / Conversion Review

Location & Access Assessment

Physical Site Assessment

Market Analysis

Development Potential

Risk Identification

Technical/Legal Coordination

The fee will depend on property size, location, complexity, document volume and depth of analysis.


17. E2E Property Transaction Services

Sukhitva may provide an End-to-End Property Transaction Support Service covering multiple stages of the transaction.

The E2E service may include:

Requirement → Property Identification → Shortlisting → Site Visit → Market Analysis → Due Diligence Coordination → Valuation → Negotiation → Documentation Coordination → Financial Coordination → Sale Agreement → Registration Coordination → Post-Sale Support

The exact scope will be defined in the applicable proposal/quotation.

E2E fees may be:

  • Fixed fee;
  • Percentage-based;
  • Milestone-based; or
  • Combination of fixed fee and transaction commission.

18. Milestone-Based Payments

For larger assignments, Sukhitva may divide the professional fee into milestones.

For example:

Milestone 1: Engagement / Requirement Analysis

Milestone 2: Property Identification / Site Visit

Milestone 3: Due Diligence / Valuation

Milestone 4: Negotiation / Documentation

Milestone 5: Registration / Transaction Completion

The actual milestone structure will be stated in the quotation or engagement letter.


19. GST and Applicable Taxes

All professional fees, consulting fees, commissions and service charges are subject to GST and other applicable taxes, wherever applicable under prevailing law.

Unless expressly stated otherwise, quoted professional fees should be understood as exclusive of applicable GST.

Government taxes, stamp duty, registration charges and statutory payments are separate from Sukhitva’s professional fees unless specifically stated.


20. Government and Third-Party Expenses

The following may be payable separately by the Client:

  • Stamp duty
  • Registration charges
  • Property tax
  • Betterment charges
  • Conversion charges
  • Government application fees
  • Certified-copy fees
  • Document extraction fees
  • Survey charges
  • Advocate fees
  • Technical consultant fees
  • Architect fees
  • Valuer fees
  • Travel expenses
  • Courier charges
  • Notary charges
  • Translation charges
  • Other statutory or third-party expenses

Sukhitva may collect such amounts from the Client for onward payment where agreed, but such amounts are not Sukhitva’s professional fees.


21. Advance Payments

Certain services may require advance payment before commencement.

Advance payments may be applicable for:

  • Property Tours
  • Property searches
  • Document extraction
  • Due diligence
  • Property valuation
  • Government application coordination
  • Special research assignments
  • E2E services

The amount and payment schedule will be communicated before commencement.


22. Cancellation and Refund Policy

Professional services that have already been performed, initiated or substantially completed are generally non-refundable.

For Property Tours, cancellation/refund terms may be specified in the booking confirmation.

Where Sukhitva has already incurred third-party expenses on behalf of the Client, such expenses may be deducted from any eligible refund.

If a transaction does not proceed due to:

  • Change of Client decision;
  • Seller withdrawal;
  • Buyer withdrawal;
  • Financing issues;
  • Title/document issues;
  • Regulatory issues;
  • Market conditions; or
  • Any other circumstance outside Sukhitva’s control,

fees already earned for services performed shall remain payable.


23. No Guarantee of Transaction Completion

Sukhitva provides professional consulting and facilitation services but does not guarantee that every property transaction will be completed.

A transaction may fail because of:

  • Buyer or seller decisions;
  • Title defects;
  • Documentation issues;
  • Government approvals;
  • Financing;
  • Regulatory restrictions;
  • Litigation;
  • Property-owner disputes;
  • Market conditions;
  • Changes in law;
  • Force majeure; or
  • Other circumstances beyond Sukhitva’s reasonable control.

24. Property Information and Verification

Property information may be obtained from:

  • Property owners;
  • Developers;
  • Government portals;
  • Revenue authorities;
  • Municipal authorities;
  • Public records;
  • Third-party professionals;
  • Market sources; and
  • Other available sources.

Sukhitva will exercise reasonable professional care in its consulting process; however, the Client is advised to independently verify critical information before committing funds.


25. Legal and Regulatory Disclaimer

Sukhitva is a real estate consulting and advisory service provider.

Unless expressly stated and legally authorized, Sukhitva does not provide statutory legal, valuation, architectural, engineering, tax or financial services.

Where specialized professional advice is required, Sukhitva may recommend or coordinate with qualified professionals.

The Client remains responsible for obtaining independent professional advice appropriate to the transaction.


26. Commission Protection / Direct Transaction

Where Sukhitva introduces a Client to a property, owner, buyer, seller, developer, investor or other transaction party, the introduction shall be treated as part of Sukhitva’s professional engagement.

If the Client or a related party subsequently completes a transaction involving the introduced property or party, directly or indirectly, within the agreed protection period, the applicable agreed consulting fee/commission may remain payable.

The applicable protection period and commission terms should be specified in the individual engagement/quotation.


27. Multiple Parties and Conflict of Interest

Where Sukhitva provides services to more than one party connected with the same transaction, Sukhitva will disclose the relevant relationship where required and may obtain appropriate consent.

Sukhitva will seek to maintain professional transparency and avoid undisclosed conflicts of interest.


28. Client Responsibilities

The Client shall:

  • Provide accurate information;
  • Provide genuine and complete documents;
  • Disclose known disputes or restrictions;
  • Provide timely instructions;
  • Make payments within agreed timelines;
  • Attend required appointments;
  • Obtain independent legal/financial advice where appropriate;
  • Verify material property information before committing funds.

Sukhitva shall not be responsible for consequences arising from inaccurate, incomplete or misleading information supplied by the Client or third parties.


29. Confidentiality

Sukhitva will take reasonable measures to protect Client information and documents received during an engagement.

Client information may be shared with relevant professionals, authorities, service providers or transaction parties only where reasonably required for delivering the agreed service or where legally required.


30. Changes in Scope

If the Client requests services beyond the original scope, Sukhitva may issue a revised quotation or additional service charge.

Examples include:

  • Additional property searches;
  • Additional site visits;
  • Additional document retrieval;
  • Historical document searches;
  • Additional due diligence;
  • Additional authority visits;
  • Additional negotiations;
  • Additional registration assistance.

No additional service should be assumed to be included unless confirmed in writing.


31. Timelines

Sukhitva will make reasonable efforts to complete services within the estimated timeline communicated to the Client.

However, timelines dependent on government departments, authorities, property owners, developers, banks, advocates, registrars or other third parties cannot be guaranteed.


32. Limitation of Responsibility

Sukhitva’s responsibility is limited to the agreed professional scope of work.

Sukhitva shall not be responsible for losses arising from:

  • Fraud committed by third parties;
  • False information supplied by property owners or other parties;
  • Undisclosed disputes;
  • Government delays;
  • Regulatory changes;
  • Financing rejection;
  • Changes in market value;
  • Acts or omissions of third-party professionals;
  • Force majeure events; or
  • Matters outside the agreed scope.

Nothing in these Terms is intended to exclude liability that cannot legally be excluded.


33. Acceptance of Terms

By engaging Sukhitva, making a payment, approving a quotation, requesting a Property Tour, authorizing document extraction or proceeding with a transaction facilitated by Sukhitva, the Client confirms that they have read, understood and accepted these Terms.

Specific commercial terms stated in a signed proposal, quotation, engagement letter or service order may supersede the general fee provisions contained on this website.


34. Fee Transparency

Sukhitva is committed to maintaining transparency in professional fees and transaction-related charges.

Before undertaking a material paid assignment, Sukhitva will, wherever reasonably practicable, communicate:

  • Scope of service
  • Professional fee
  • Commission, if applicable
  • GST, if applicable
  • Government charges
  • Third-party expenses
  • Payment milestones
  • Expected timelines
  • Cancellation terms
  • Key exclusions

Clients are encouraged to obtain written confirmation of the applicable commercial terms before commencing a paid assignment.


35. Governing Law and Jurisdiction

These Terms shall be governed by the applicable laws of India.

Subject to applicable law, disputes relating to the services shall be subject to the jurisdiction of the competent courts/authorities applicable to the agreed place of service or transaction.


36. Contact

Sukhitva Consulting Services

Website: www.sukhitva.com

For property consulting, transaction support, valuation, due diligence and related services, Clients may contact Sukhitva through the contact details published on the official website.


Important Fee Note

The fees stated on this page are indicative unless specifically confirmed through a written quotation, proposal, engagement letter or service order. Sukhitva reserves the right to revise its service charges based on property type, location, size, transaction complexity, scope of work, travel requirements and applicable statutory requirements.

Government charges, statutory payments and third-party professional fees are separate unless expressly included in the applicable quotation.

Applicable GST and taxes shall be charged as required under prevailing law.

No professional service fee or commission should be interpreted as a guarantee of property approval, title clearance, government sanction, transaction completion or appreciation in property value.