Deeds are one of the most important documents in a sale or transfer of property. There are different types of deeds that define the purpose of the document and ownership of the property in question.
In India, where a property is equally the source of both joy and much contention, it is important to know what constitutes a land deed. Here is a handy guide.
Ways of acquiring and selling property
The first step is to know the different ways that property exchanges hands. Perhaps you have inherited your ancestral home, or maybe a long-standing dispute has come to an end and resulted in property being partitioned. Or perhaps you are simply moving on and selling your property. There is a type of deed to account for each instance.
Sale deed or transfer deed
The sale or transfer deed is one of the most important documents when buying or selling land. The sale deed is the biggest evidence of the transfer of ownership and of the identity of the owner of the property. It is a legal document containing all the requisite details about the owner.
The sale deed is drafted at the time when the sale has been agreed upon and is signed and executed on non-judicial stamp paper once both parties are thoroughly satisfied that all terms have been met. Once signed by both parties it signifies that the sale is finished, and the buyer is now in complete possession of the property.
A sale deed is registered as per the Registration Act, 1908, where both parties have to be present at the local sub-registrar’s office along with witnesses to sign the agreement. Once done, a certified copy of the newly registered property with the new owner’s name will be stored in the office as a record.
Title deed
A sale deed converts itself into a title deed once the registration is done. It is not an agreement but a document that lays out the ownership details pertaining to a particular property including the rights and obligations of the owner.
Gift deed
A gift deed is not a compulsory document but simply states that an asset has been gifted from a donor to the receiver. As per Section 122 of the Transfer of Property Act, property can be transferred through a gift deed.
But for it to be valid, it needs to undergo the process of registration. According to Section 17 of the Registration Act, 1908 as well as Section 123 of the Transfer of Property Act it is compulsory to register a gift deed with the sub-registrar in order to make it a valid document.
Once the gift deed is validated via registration, the recipient can file for mutation of the property, which legally notes that the property has transferred hands. Mutation of property is necessary because it allows the recipient to sell the property if required in the future.
A gift deed is not free of stamp duty, which differs slightly from state to state.
What sets a gift deed apart from a sale deed? A gift allows the transfer of property without the involvement of money.
Partition deed
Land is often jointly owned, which inevitably gives rise to disputes when there are disagreements among the owners. Due to the presence of multiple stakeholders selling an individual share becomes a cumbersome process. This is largely due to the misconception that joint ownership means equal share of property.
Drafting a partition deed ensures that the property is divided legally, and each individual gains full rights over his or her share of the property to sell or transfer or gift it. Similar to the gift deed, a partition deed too requires to be registered at the local sub-registrar’s office to endow it with legal weightage.
