What is Title Deed? A Complete Guide to navigate it in India
Property buying selling

What is Title Deed? A Complete Guide to navigate it in India

Property Verification Report I Title Search I Sale Deed Drafting I Agreement to Sale I Property Registration I Saledeed Review I WILL Drafting I Gift Deed

 

When it comes to buying property in India, the phrase "title deed" often pops up, surrounded by a cloud of confusion and legal jargon. But fear not! This guide is here to demystify title deeds for you, breaking down the complex legal speak into easy-to-understand, daily language. Whether you're a first-time homebuyer or a seasoned investor, understanding title deeds is crucial in navigating the Indian real estate market confidently.

What is a Title Deed?

Imagine a title deed as the ultimate "proof of purchase" for your property, but with a lot more legal weight. It's a document that shows who owns a piece of land or property. Think of it as the biography of your property, detailing its history, current status, and who has the rights to call it their own.

Why is the Title Deed Important?

Owning a title deed is like holding the key to a treasure chest. It's your legal claim to a property, ensuring that no one else can come and claim ownership of your precious investment. It's essential for:

  • Proof of Ownership: It confirms that the property you've bought is indeed yours.

  • Legal Protection: Should any disputes arise over the property, your title deed is your best defense.

  • Selling or Mortgaging: Without a title deed, selling your property or using it as collateral for a loan becomes nearly impossible.

The Different Types of Deeds

Navigating through property documents can feel like exploring a dense jungle. Here are the machetes you'll need - an understanding of the different types of deeds:

  • Sale Deed: This is the most common type of deed, used during the sale and purchase of property. It transfers the property rights from the seller to the buyer.

  • Gift Deed: As the name suggests, a gift deed is used when a property is given as a gift, not sold, from one person to another.
  • Relinquishment Deed: This comes into play when a joint owner of a property gives up their share in favor of another joint owner.
  • Mortgage Deed: This document secures a property as collateral for a loan.
  • Lease Deed: Used when renting property, it outlines the terms and conditions between the landlord and tenant.

How to Check and Verify a Title Deed

Before you jump in and make a property your own, verifying the title deed is like checking the weather before a picnic – absolutely necessary. Here's how to do it:

  1. Visit the Local Registrar's Office: All deeds should be registered here. You can request to see the records and verify the ownership history of the property.

  2. Hire a Professional: If you're not familiar with legal documents, consider hiring a lawyer or a real estate expert to do the legwork for you.

  3. Check for Encumbrances: This means ensuring the property isn't mortgaged or entangled in any legal disputes.

  4. Verify the Seller's Identity: Make sure the person selling the property is indeed its rightful owner.

Common Pitfalls to Avoid

While the path to property ownership is paved with good intentions, there are pitfalls to avoid:

  • Not Verifying the Title: Skipping this step can lead to buying a property with legal issues.
  • Ignoring Encumbrances: Ensure the property is free from loans or legal disputes.
  • Failing to Register the Deed: An unregistered deed might as well be a fancy piece of paper. Registration is what gives it legal standing.
  • Not Updating the Records: Once you've acquired a property, ensure the records at the local registrar reflect this change.

Tips for First-Time Homebuyers

First-time homebuyers, here's your treasure map:

  • Do Your Homework: Understand the types of deeds and which one is relevant to your transaction.
  • Consult an Expert: Don't shy away from seeking professional help. It can save you from potential headaches.
  • Keep Records: Maintain a file with all your property-related documents, especially the title deed.
  • Be Patient: The process of verifying and registering a title deed can be time-consuming. Patience is key.

The Bottom Line

Understanding title deeds is crucial in ensuring your journey to property ownership in India is smooth and secure. By knowing what a title deed is, why it's important, the different types of deeds, and how to verify them, you're well on your way to making informed decisions in the real estate market. Remember, when it comes to property, knowledge is not just power; it's security.

By following this guide, you're not just buying property; you're investing in peace of mind. So, the next time you hear "title deed," you'll know exactly what it entails and how to navigate the process like a pro. Happy house hunting!

 

Frequently Asked Questions on Title Deed

 

1. What is a title deed in the context of Indian real estate?

   A title deed is a legal document proving a person's right to ownership of a property in India. It contains details about the property and the owner's name.

 

2. Why is verifying a title deed important before purchasing property?

Verifying a title deed ensures that the property is free from legal disputes, encumbrances, and claims, ensuring a clear and secure transfer of ownership.

 

3. What is the difference between a sale deed and a title deed?

A sale deed is a document that transfers the property from the seller to the buyer, acting as proof of the sale and purchase. The title deed, however, is a broader term that includes any document showing ownership, including a sale deed.

 

4.How can I check the authenticity of a title deed?

You can check the authenticity of a title deed by visiting the local Sub-Registrar’s office where the property is registered and requesting a search for the property’s records.

 

5.What is a gift deed, and how does it differ from a sale deed?

A gift deed is a legal document used to transfer property from one person to another as a gift, without any exchange of money. Unlike a sale deed, a gift deed is not based on a sale transaction.

 

6.Can a property have more than one title deed?

 A property can have multiple documents that serve as evidence of ownership (like sale deeds, succession certificates, etc.), but there should only be one current title deed reflecting the latest owner’s details.

 

7.What should I do if I find discrepancies in the title deed?

If discrepancies are found in the title deed, it's advisable to consult with a legal expert or property lawyer to address the issues and rectify them before proceeding with any property transaction.

 

8.Is a title deed necessary for obtaining a mortgage on a property?

Yes, a title deed is essential for obtaining a mortgage, as it serves as proof of ownership and is required by banks and financial institutions to process the loan.

 

9.What happens to the title deed when a property is sold?

When a property is sold, a new sale deed is created, and the title deed is updated to reflect the change in ownership. The original title deed is handed over to the new owner as part of the sale process.

 

10.Are digital title deeds valid in India?

As of my last update in April 2023, India is moving towards digitization of land records, including title deeds. However, the acceptance and validity of digital title deeds can vary by state and the progress of digitization efforts. Always check the current legal framework and guidelines in the specific state where the property is located.

Duplicate Land Registration Document Process
Property

Duplicate Land Registration Document Process

Moving houses is a pain! Often in the process of moving, we end up losing important documents. A land registration document as proof of ownership. Losing a land registration document may not bode very well for you. You do not have to worry as there is a provision to obtain a duplicate land registration document.

People who read this Article also Consulted a Lawyer about Property Registration process. 

How to get a duplicate land registration Document?

You should follow certain steps in order to get your duplicate land registration document. These steps are: 

  • File a police complaint

A land registration document is a crucial document. If it gets lost, then you should file a complaint with the police. The owner of the house should only file this complaint. He should also explain the complaint and state that the original documents were lost, misplaced, or stolen. Keep the copy of the complaint filed as it may be used to obtain the duplicate land registration document. 

  • Give an advertisement in the newspaper

Like with all lost things, one should publicize that a land registration document is lost and give the return address in the advertisement. If, within a certain time, no one comes forward to return the document, then you can proceed to the next step. 

  • Make an Application for the Certified Copy of the Land Registration Document

You will have to obtain a Form 22 application, either online or from the sub-registrar’s office. Fill this form and submit it with the sub-registrar to obtain a duplicate land registration document. If the document you have lost/misplaced is a patta record, you also have to apply it to the revenue office. 

  • A duplicate copy of the Land Registration Document

Once you have applied to receive the certified copy of the document, you need to pay a certain fee to the relevant department. After the fee has been paid, a duplicate copy of your land registration document shall be issued. Many would think that what if I had a photocopy, could I use that? The answer is no! You should always try to get a legally certified copy of the document which is lost. A land registration record is proof of ownership, and hence, you should always follow the due procedure of obtaining a duplicate copy of the land registration. 

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Documents Required to Obtain Duplicate Land Registration Copy

When you apply for a duplicate land registration copy, you should also accompany your application with certain documents. These documents are: 

  • Copy of FIR: As a first step, you should always file a complaint with the police. Keep the copy of the complaint with you and attach it with the application you file before the sub-registrar to get a duplicate copy of your land registration document. 

  • Copy of newspaper advertisement: You should also attach a copy of the advertisement you published in the newspaper along with your application form. This would enable the sub-registrar to know that you still have not found the lost/misplaced document despite trying. 

  • Copy of share certificates issued: Typically, you are given share certificates when you buy a piece of land. Keep them secure and attach copies of them when applying for a certified duplicate copy of land registration. 

  • Notarized undertaking: A notarized undertaking should also be given along with the application form. 

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Obtaining a duplicate copy of the land registration document should not be a harrowing experience if you know all the right steps to take. Remember to keep all your documents in order before applying for a certified duplicate copy of the land registration record.

Soumya Shekhar
Soumya Shekhar 03 min read 12886 Views
Land Ownership Certificate indicates the actual Title of Ownership
Property

Land Ownership Certificate indicates the actual Title of Ownership

The year 2023 has gotten off to a good start, and the globe is well on its way to recovering on all fronts, including the economic, physical, and social fronts. Individuals have once more begun to make preparations for the future. To say that several of them are currently or will soon be formulating ideas for investing in real estate would be understating the situation. A good number of people will move in the direction of purchasing residential properties, while an even larger number will invest in land for either residential, commercial, or agricultural use.

So, let us discuss today, an important aspect related to the ownership certificate of land. Yes, you are right! We are talking about the land ownership certificate. In this article, we will clearly state what is a land ownership certificate, who issues the same, what is the process of obtaining it, and so on.

What is a land ownership certificate?

A land ownership certificate is a legal document that establishes proof of ownership of a specific piece of land. Details such as the location, size, and borders of the land, as well as the name of the owner and any other pertinent information regarding the property, are included on the ownership certificate. Moreover, the document also provides any other pertinent information surrounding the property. The government or the local authorities are the ones who are in charge of issuing land ownership certificates. These certificates have the function of being a legal document that offers the landowner security and protection. Land ownership certificates are crucial for several reasons, including the capacity to transfer ownership of the land, receive finance or loans, and address any disputes or legal concerns that may occur. It is vital for everybody who owns property or who intends to own property to have a land ownership certificate because it offers legal proof of ownership and protects the rights of the landowner.

People Also Read This: What is a Possession Certificate?

Who issues the ownership Land certificate?

The ownership certificate of land is typically issued by the government or a local authority in the state where the land is located. The specific agency responsible for issuing the certificate may vary depending on the state and the region. In some cases, it may be the Land Registry, Land Titles Office, or other government agencies that are responsible for maintaining land records and issuing ownership certificates. The purpose of these agencies is to ensure that land ownership is properly recorded, tracked, and managed, and that property rights are protected. It's important to obtain a land ownership certificate to establish proof of ownership and to protect one's property rights.

What is the right that a land ownership certificate gives to its holder?

It is very important to understand the legal rights of the owner who owns the land parcel and holds the ownership certificate in his or her name. The most common ones, as per government norms are:

  • Taking all decisions with respect to the piece of land under consideration.

  • Selling the land to an interested party.

  • Renting or leasing the piece of land to an interested party.

  • Constructing a building or structure on a particular land parcel.

What is the process of applying for a land owner certificate and what documents are required for filing the application?

The process is fairly simple and straightforward. The applicant needs to contact the office of the tehsildar or the revenue officer for filing an application to obtain a land ownership certificate. The applicant generally needs to provide detail like the legal name of the owner(s), residence address, contact details, details of the land parcel including registration number, area, location, address, etc. 

For filing the process, the applicant needs to submit the following documents along with the application:

  • Application Form (as per the prescribed format)

  • Identity Proof issued by a competent government authority (for example, PAN Card, Voter ID, Passport, Driving License, etc.)

  • Aadhaar Card

  • Registration Documents of Land Parcel

  • Encumbrance Certificate

  • Application Processing Fee (may vary from one state to the other)

Once the application is submitted along with the nominal processing fee, the documents are verified by the competent authority, which is the revenue officer or the tehsildar in this case. On successful verification of the documents, the competent officer issues the respective landowner certificate to the applicant.

People Also Read This: Land Patta Registration is the evidence of your Land Ownership

Format of the Land Ownership Certificate

A question may also arise in the minds of the applicants about the format of a land ownership certificate. The landowner certificate format may vary from state to state and can be issued by the respective state government in regional language as well besides issuing it in the English format. Generally, the certificate includes the following details:

  • Name of land owner

  • Name of father or husband

  • Residence address of the landowner

  • Plot number of the land parcel

  • Total area (expressed in square yards)

  • Place where land parcel exists

  • Name of the land parcel (if any)

  • Signature of the landowner

  • Details of the registration fee or stamp duty paid by the landowner

  • Signature of the district revenue officer or the tehsildar

  • Full name of the district revenue officer or the tehsildar

  • Official stamp of the competent government office or authority

  • Date of certificate issue

Those who read this Article also Consulted a Lawyer about Property Ownership documents. 

Conclusion

In a country like India in 2023,  a land ownership certificate is a crucial document that provides proof of ownership and legal rights to a specific piece of land. It is typically issued by the government or a local authority responsible for maintaining land records and ensuring property rights. The certificate contains important information, such as the location, size, and boundaries of the land, as well as the name of the owner. Obtaining a land ownership certificate is essential for protecting property rights, securing financing, transferring ownership, and resolving legal disputes. Therefore, it's important to ensure that the land ownership certificate is accurate and up-to-date to avoid any potential issues. Overall, the land ownership certificate is a crucial document that establishes the actual title of ownership and protects the rights of landowners.

Land & Property Registration: All You Need To Know
Property

Land & Property Registration: All You Need To Know

Planning to buy land in India? If the value of the land or the property you are buying exceeds INR 100, you need to undergo land registration. Section 17 of the Registration Act, 1908 governs property and land registration in India. Typically, specific stamp duty needs to be paid, and 1% registration charges need to be paid. We will outline below how property and land registration work in India and what is the required procedure for the same.

Property Registration

Buying a property is a tedious process. It involves extensive market research and a considerable amount of time and money. However, it is not the searching for the property, which is the most complex part of buying a property, but property registration. The property registration process is confusing and involves various steps.

The property registration in India generally involves the following steps:

  • Verifying the property's title deed would give you an idea of the property's ownership status and any dues such as property tax, water/electricity bill, etc., which may be pending.
  • Preparation of Sale Deed: Get a sale deed drafted by lawyers for registration.
  • Paying Stamp duty: Generally, a registration fee for a property document is 1% of the property value, subject to the maximum of INR 30,000. However, the stamp duty varies in each specific case, which is about 3-10% of the property value
  • Approach the sub-registrar for registration: The seller and buyer, or the people having their power of attorney, along with two witnesses, have to approach the office of the Sub-Registrar of Assurances, within whose jurisdiction such property falls.

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Documents Required for Plot Registration

Following documents required for land registration:

  • Two passport size photographs each of the buyer, the seller, and the two witnesses.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card or Driving License of the buyer, seller and the two witnesses.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Proof of payment of stamp duty, registration tax, and payment to the seller.
  • Copy of No Objection Certificate (NOC), if required.

People Also Read: Ownership Certificate

The duly registered documents can be collected from the Sub-registrar of Assurance’s office after 2-7 days. A certificate with all the requisite information is provided, and the original copy of the deed provided at the time of registration is returned.

Once the registration is complete, you need to apply for mutation. A mutation changes the title ownership. An application for mutation is filed along with an affidavit, indemnity bond, and a notarized copy of the registered sale deed.

You need to register your property within four months from the date of execution of the transaction. If you fail to register within four months, you may apply to the sub-registrar for condonation of delay. The registrar can agree to register your property; however, you may need to pay a fine of up to ten times the original registration fee.

Those who read this Article also Consulted a Lawyer about Property Registration process. 

Online Land Registration

Technology has made property and land registration easier. Now, you can e-register your property. Some states have an official online portal for online land registration. You can also calculate stamp duty through these online portals. Net-banking, credit/debit cards, and other online payment modes have made e-registration of land and e-registration of property possible.

Guidelines for Online Property Registration

While online property registration is permitted in a few states, you should ideally keep the following in mind before you get your property registered online:

  • Check if your state has an online portal for e-registration of land/e-registration of property.
  • Only certain parts of property registration can be done online such as:
  • You can find out the stamp duty rates.
  • You can pay the stamp duty and registration fee online.
  • You can receive a receipt for your payment online.
  • Once you receive your receipt, you will have to visit the sub-registrar's office to complete your property registration.
  • If the property value exceeds INR 50 lakhs, you have to pay 1% TDS on the property value. You can pay the TDS online.
  • You will have to provide certain information for online property registration such as type of property, ownership status, description of the property, proof of property, and your personal details.

People Also Read This: Flat Registration Fee & Stamp Duty Charges

Documents Required for Land Registration

When you go to the sub-registrar's office, you would need to submit the following documents for property registration:

  • Sale deed on non-judicial stamp worth the deal value.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card, or Driving License.
  • E-stamp paper, E-Registration fee receipt, and proof of payment to the seller.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Copy of No Objection Certificate (NOC), if required.

These are the documents required for plot registration. You would also have to undergo a biometric verification at the sub-registrar's office. You need to take two witnesses with you to the sub-registrar's office. These witnesses will need to carry the original and photocopies of their identity and address proof. Remember, property registration is a must, and you should ideally register your property within four months of completing the sale. It is good to take legal help to draft the sale deed and navigate through the registration process.

Conclusion: 

In conclusion we can say that land and property registration in India is a legal requirement for property buyers and is governed by state-specific laws. The registration process involves the transfer of ownership of a property from the seller to the buyer and the creation of a record of ownership. The registration of a property helps in establishing clear title and ensures that the property is free from any encumbrances or legal disputes. The registration process typically involves the payment of stamp duty and registration fees, which are determined based on the market value of the property. The registration process is typically carried out at the sub-registrar's office, and it is important to ensure that all required documents are in order before proceeding with the registration. Registration of a property is a crucial step in the property buying process and helps in protecting the interests of both the buyer and the seller.

Those who read this Article also Consulted a Lawyer about Property Registration process.