The real estate industry uses a variety of terminology and phrases, some of which might be a little complex to understand. You must have a solid understanding of all of the concepts that pertain to ownership rights in order to make the whole process of purchasing and selling a property simple and trouble-free. The title deed is one of the most popular terms that consumers really need to be familiar with.
In India, title deeds represent a person’s legal claim to possession of the real estate. We are going to dig thoroughly into this concept to help you understand all things about title deeds.
What is the Title Deed?
A title deed is defined as a document that states and confirms a person’s legal right to possess property or a building. To put it another way, a title deed is a document that is used to transfer ownership of a piece of property from one individual to another.
When you acquire a piece of real estate, you automatically become the legally recognised owner of the asset. This is accomplished via a formal procedure called property registration. The so-called “title” of the property will be changed to your name as a result of this procedure.
Title Deed Registration
The title deeds for commercial properties may be filed by the owners of such assets, such as business firms, administrators, or trustees. Due to this, they are able to verify that they are registered correctly in the event that they need to seek funding. Deed polls are used by certain business enterprises in the event that they need to raise capital to ascertain that their assets are appropriately registered in their names.
For the purpose of registering property and acquiring the expertise necessary to locate title deeds, the buyer is required to present all prior paperwork pertaining to the property that was used to compile a sale deed. For a more accurate description, you might say that the original owner and all future transfers of ownership must be documented in some way.
What is included in it?
Now that we have established the importance of a title deed, let’s see what all must be included in it:
- A concise summary of the property, including its dimensions, borders, and location.
- Identity of the person or individuals with legal ownership of the property, including name and identification number.
- The time and date of the property’s most recent transfer.
- If purchased from another individual, the price at which this was done.
- Any obstacles that would prevent the property from being sold, such as an outstanding mortgage.
- Any conditions that must be met before the acquisition of the property. For instance, the title deed ought to specify whether or not the real estate in question has a complete freehold title.
- An official seal from the Deeds Registry Office indicates that the deed was registered in favour of the proprietor and the date.
Various Types of Title Deed
- Warranty deeds
Warranty deeds are the essential documentation for businesses to have in order to shield themselves from legal responsibility. Additionally, these are significant papers that need to be drafted, reviewed, and signed by their legal team. There are various reasons to use a warranty deed:
- To hand over all property rights associated with a property to the purchaser.
- To make available to the purchaser a variety of guarantees, including a warranty protecting them against any flaws in the product or the service.
- In the context of legally binding contracts, to safeguard the legal rights of one of the parties.
- Quitclaims
Quitclaims are among the most significant legal papers that may be filed. In this legally binding document, you establish your possession of the property and renounce your obligations as a renter. This document provides a property description, the landlord’s contact details, and other important updates.
- Gifts
The title deed gives the owner the right to dwell, utilise, and even sell a particular piece of property. During special occasions such as birthdays, graduations, marriages, anniversaries, and other commemorations, title deeds may be presented to the recipient as a gift.
- Pledges
The act of transferring ownership of one’s property to another person is known as a pledge. The language being used may have an impact on the specific form of the title deed that is employed. A trust deed is the most frequent kind of pledge that people make.
- Chattel mortgages
Chattel mortgages are granted to those who don’t qualify for a normal loan since their credit rating is too low or they don’t earn enough money. Instalment loans, like this one, allow borrowers to pay back their debts in regular instalments.
Title Deed vs Sales Deed
Despite the fact that both a title deed and a sale deed contribute to the establishment of the other, the most significant distinction between the two is that a title deed is a notion, but a sale deed is always in a documented form.
As soon as the sale deed is registered, it transforms into a title deed and serves as evidence that you are now the legal owner of a certain piece of property. The sale deed fulfils a number of other functions in addition to just providing a declaration of the property titles.
For instance, a sale deed will also detail who currently has the title to the property in consideration. In the event that the property has been transferred numerous times over the years, the sales deed of the property would include all of the relevant information.
Legally speaking, these two may be categorised as an agreement and a statement, respectively. To ensure that all the parameters and circumstances agreed upon by both parties are clearly stated, a sale deed is required to be signed by both parties. According to the Registration Act of 1908, sub-office registrars must record this legal document as an agreement.
A title deed is not subject to these restrictions in any way. Despite the fact that it is communicated through a sale deed, the title deed is just a legally valid declaration that exclusively concerns the legitimate owner of a certain piece of land.
Conclusion
There are a variety of factors that go into establishing who legally owns a piece of property, regardless of whether that item is movable or immovable. When a seller transfers ownership of a property to a prospective buyer, it is essential for both parties to have a legally enforceable agreement in place, such as a title deed.
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