The बैना is the agreement made weeks before the transfer itself — money changes hands, the land does not. It is where most of the risk in a property purchase sits, and it is usually recorded in a receipt for the advance and nothing else.
What a बैना has to nail down
The land, exactly as the certificate records it. District, municipality, ward, kitta number, map sheet and area, copied from the लालपुर्जा. A kitta number that does not match the certificate is the most common reason a registration fails on the day.
The four boundaries (चार किल्ला). Written down, they settle later arguments about where a plot ends that a number on a certificate never will.
The deadline for registration. Everything else in the agreement turns on this date, because it is what the forfeit clauses measure against.
What happens if either side walks away. The customary terms are that a buyer who fails to complete forfeits the advance, and a seller who fails to complete returns double it. Both are in the template, and both are editable.
Who pays the registration fee and the capital gains tax. Substantial sums, and worth agreeing before rather than at the counter.
Check before you pay the advance
Read the ownership certificate and confirm the seller's name on it matches their citizenship.
Check the land revenue office records for any loan, mortgage, court case or acquisition notice against the plot. This is the check people skip and regret.
Confirm the land revenue (मालपोत) is paid up to date, and that the type of land allows what you intend to do with it.
If anyone else has a share in the land — a joint owner, an heir — they need to be party to the sale as well.
This is not the transfer
Ownership passes at the land revenue office on राजिनामा, not on this agreement. A बैना binds both sides to complete; it does not make the buyer the owner.
Take a lawyer to any high-value purchase. The cost is small against what is being paid, and a बैना is the point at which a problem is still fixable.
Common questions
What does बैना mean?
It is the advance paid to hold a property while the formal transfer is arranged, and by extension the written agreement recording it. The customary consequence of backing out — forfeit for the buyer, double return for the seller — is what gives the advance its force.
Does a बैना agreement have to be registered?
The agreement to sell is commonly kept as a private signed document with witnesses. The transfer itself must be registered at the land revenue office. Requirements differ by district, so ask the office if anything about the plot is unusual.
What if the measured area turns out to be different?
The template includes a clause adjusting the price in proportion, which avoids the sale collapsing over a small discrepancy at registration.
Is my information sent anywhere?
No. Everything stays in your browser. Nothing is uploaded, and there is no account unless you make one to sync your work across devices.
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