Legal's and Documents

The Various types of deed and documents and their brief meaning are outlined hereafter.

SALE/PURCHASE DOCUMENTS

'Sale' u/s 54 of Transfer of Property Act, 1882 has been defined as transfer of ownership in exchange for a price paid or promised or part paid and part promised. Documents in case of sale/purchase depend upon law applicable and type of the property such as lease hold, Free hold, Lal Dora etc.

Under Delhi Stamp (Prevention of Under Valuation of Instruments) Rules, 2007 it is necessary to take circle rates into consideration for properties within territorial jurisdiction of NCT of Delhi w.e.f 18/07/2007

SALE DEED

Sale Deed is a document which is registered for sale of property in case of freehold properties. However, it may be registered in certain leasehold properties also where there is such provision. It grants clear title & complete ownership to the buyer/purchaser. It is compulsorily registered when transaction is for consideration between two persons.

CONVEYANCE DEED

Conveyance Deed technically means any document through which a property is transferred from one person to another. However, in common usage it is a document which is registered when title of property is transferred from government to a person. It grants freehold status to the property.

AGREEMENT TO SELL

Agreement to Sell or Deed of Agreement is registered for sale of leasehold property or when there is a promise to transfer in future. As the name specifies, Agreement to Sell is registered when the seller is not the absolute owner of the property & agrees to sell the property as the title vests with the government. Thus, it is agreed between the parties that whenever, in future, the clear title shall be given by the government, the concerned property shall be sold to the intended purchaser.

POWER OF ATTORNEY

Power of Attorney is a document which grants the general/specific powers to the person in whose favor the document is executed. It can be related to a specific property or specific acts or both. A Power of Attorney having specifically few powers is called Special Power of Attorney (SPA) and that having generally all the powers is called the General Power of Attorney (GPA). In Both cases, attorney Holder is entitled to act on behalf of the Principal owner.

WILL

Will means the declaration of the intention of a testator with respect to his property which he desires to be carried in to effect after his death. Though the registration of Will is not mandatory but a registered Will is the preferable mode to transfer your property and assets as per your wish. You can specify the division of your property and assets as per your wish.

RELINQUISHMENT DEED

Relinquishment Deed is a document whereby a person releases his share or claim in a property. When the owner of a property dies and his/her legal heirs agree to relinquish (leave) their respective share of the concerned property in favor of one or more of the legal heirs, this document is made.

RECTIFICATION DEED

When a document has been registered in the office of the Sub-Registrar and a mistake has been found in the same after it has been registered, it can be corrected only through Rectification Deed duly registered in the office of Sub-Registrar.

LEASE DEED

A Lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, or in perpetuity, in consideration of a price. It is compulsory to register Lease Deed when the monthly rent of the property is more than Rs. 3,500/- per month or lease is for a period more than one year.

GIFT DEED

Gift Deed is safest and surest way to transfer your property in your lifetime. It assures clear title to the done (to whom gift is made) without interference of other persons.

PERPETUAL LEASE

Perpetual Lease is registered when the property is allotted by the government to a person. It grants leasehold title to the owner. However, it can be registered by any person if he wishes to give his property on lease in perpetuity.

PARTITION DEED

Partition Deed is registered for partition of the property. Partition is mutually agreed between the owners of the property and their respective proportions are outlined and specified in the Partition Deed so as to divide the property.

ADOPTION DEED

Adoption Deed is required for adopting a child. It is executed by natural parents of the child in favor of adopting parents. Rules differ according to the religion of the parents. In respect of the Hindus, it is an essential part of the process of adoption as per the Act and rules in this regard.

TRUST DEED

A trust is an obligation annexed to the ownership of the property, and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him for the benefit of another, or of another and the owner. Trust Deed is registered for creating a trust. It is registered through Settlor/Author. The Settlor may appoint any number of Trustees to look after the Trust and its activities. There are Public charitable trusts and Private Trusts for the benefit of few but the essence lies that the confidence is reposed for the benefit of others.

CANCELLATION OF DOCUMENT

Some registered documents can be cancelled at the wish of the executor of the document such as Power of Attorney and Will through a Cancellation or Revocation Deed.

PARTNERSHIP DEED

Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually 'partners' and collectively a 'Firm' and the name under which their business is carried on is called the firm name. Partnership Deed is registered for creating Partnership Firm. It needs minimum two partners.

ASSIGNMENT DEED

Assignment Deed in general can be registered for assignment of any property. It is commonly used for transfer of a liability/debt. The purchaser in this case steps into the shoes of the transferor and has all such rights which the transferor has. The purchaser is entitled to amount due under a loan agreement and all such legal remedies to which the transferor was entitled. It can also be registered when a leased property is sold to a third party.

RELEASE DEED

Release is a consequential method of transfer of interest in some immoveable property. It amounts to the same effect in the form of relinquishment of interest of a person in some immoveable property. In case of several persons having interest in the same property any one or more of them may release, relinquish, surrender, transfer and convey his share or interest in favor of others.

INDEMNITY BOND

Under India Contract Act, section 124 provides that Indemnity is a specific contract, a purpose whereof is to extend promise to save other party from loss caused to him from the acts of the one executing the bond.

Registration is the process of presentation of the deed/document physically in the office of the Sub-Registrar by the party(ies) to the deed. Various documents and deeds need to be registered as per the law; these documents are generally referred as 'Instruments'.

The registration of an instrument is carried out in pursuance of the rules specified in this behalf and the main idea is to make the documents relating to immovable properties public. It also provides sanctity to the document and proves the geniuses of parties to certain extent as they personally appear before the registrar. Once the Stamp Duty has been paid, the instrument is registered by Sub-Registrar after verifying the other details.

We help you to get your deed or document registered. Certain formalities are required to be carried out before a document is registered and for the presentation of document to the registrar office certain forms are to be filled and various other formalities are to carried out. We help you through all these formalities and requirements which you need to carry out for registration. We shall assist you in completing these requirements and guide you throughout the process.

PROCEDURE:

Fill the form of the sub registrar called Index/Data entry. Submit the Index form along with two copies of deed/document (one original and one photocopy). Get receipt of registration. On the date specified in the receipt, collect the registered document from the Sub-Registrar Office.

Information relating to particulars and procedure of deeds and documents can be checked under the link Documents

Stamp Duty is a payment to the government for the transaction related to property which is taking place. A Schedule in this regard has been published by the government stating stamp duty on various transaction and documents. One may pay the stamp duty either though E-stamp now issued by the banks or opt for traditional method of stamping done by Collector of Stamps, However, second option is beneficial where accurate stamp duty is not known to you where there is a possibility of error.

We provide services for both modes of paying stamp duty.

PROCEDURE

Submit the file in Collector of Stamps Office and receive the Challan titled tr 6. Deposit Payment as mentioned in tr 6 either by Cash or by Cheque/ Pay Order/ Demand Draft. After depositing payment, get the date of receiving file from Collector. On the due date, collect the file from the collector of stamps and check whether it has been properly stamped on every page of the document. Once your documents are stamped, it has to be registered in the office of the Sub-Registrar.

Freehold is a way to transfer the ownership of the property from Government Authority to private person. It enhances the value of the property. A Conveyance Deed is given as a final document to the owner which is the registry of property in common parlance.

For conversion from leasehold to freehold, one needs to apply to the concerned authority in prescribed format. Our services in this regard include Consultancy and documentation required for the application. We guide you through the entire process of Freehold from beginning to the end. During the whole process, all your documentations needs are taken care off and all these are available at nominal & reasonable service charges.

To get your property converted into Freehold, you require photocopies of certain document which varies depending upon type of property (residential, industrial etc.) and concerned authority (DDA, L&DO).

Generally, the copies of following documents are required:

• Letters of allotment, allocation
• Possession letter and Possession slip
• Perpetual Lease Deed (if any)
• Possession proof such as Electricity Bill, Water Bill
• Photographs
• Bank challans regarding payment of installments, Ground Rent, Service Charges etc
• Original documents like Indemnity Bond, Affidavit, Undertaking (on Non-Judicial Stamp Paper) together with duly filled application form for freehold

Beyond these documents, applicable conversion charges and requisite stamp duty has to be paid.

Certify copy of a document is treated equivalent to the original document itself. If the original document is lost/misplaced/ torn/mutilated etc., its certify copy will work as substitute for original document. You can get the certify copy of all the registered documents from the office of the Sub-Registrar where the document was registered.

To get the certify copy, it is necessary to have the registration number, book number, volume number, page numbers and date of registration of the document together with Sub-Registrar's office.

We help you to locate the document and obtain the certify from the concerned Sub-Registrar office. If you have incomplete details of the document, we will help to trace the document and search for it from the concerned sub-registrar office.

PROCESS

Write an application to the concerned Sub-Registrar Office mentioning the registration number, book number, page numbers, volume number and the date of registration of document together. Attach a stamp paper of Rs. 10/- and paste court fee on application.

NOTE

Certify Copy of documents of Book IV can be obtained only by parties to the document. Certify Copy of documents under Book I can be obtained by any person.

One may secure the future of his/her legal heirs, aged parents, minor/disabled children and other near and dear ones by a proper Estate Planning and avoid differences and disputes between them.

It refers to securing one's property that it does not go into wrong hands or become a subject matter of litigation. You may prevent your hard earned assets from being wasted. There are various modes or instruments by which one may do estate planning. It includes following documents but are not limited to 'Instrument of Will', Gift Deed, Trust Deed etc.

Draft your will in accordance with your instructions and your wishes so that your assets are distributed and transferred effortlessly and peacefully in the manner anticipated by you.

Q:- WHAT IS LEASEHOLD TO FREEHOLD POLICY?

OR

Q:- WHAT DO YOU MEAN BY CONVERSION OF PROPERTY IN TO FREEHOLD?

Freehold is the transfer of ownership of property from government to the person. It is carried out in accordance with the policy of Ministry of Urban Development, Govt. of India. The authorities like DDA, L&DO etc. earlier used to allot the properties on leasehold basis i.e. the ownership remained with the authority and the allottee was like a tenant. In pursuance of the Notification/Order dated 14.02.1992, the government then started transferring the complete ownership to the allottees or the purchasers and this process is known as conversion of property from lease hold basis to Freehold basis.

Q:- WHAT IS THE PROCEDURE FOR CONVERSION INTO FREEHOLD AND WHICH IS THE CONCERNED AUTHORITY?

Freehold application on prescribed form, along with other relevant documents has to be submitted to concerned Lessor Authority (such as DDA, L&DO, NDMC). After the scrutiny of the documents, concerned Lessor Authority issues the Conveyance Deed (Title document).
Complete freehold procedure involves three different departments vs-a-vis. Concerned Lessor Authority (it issues Conveyance Deed), Collector of Stamps (it collects Stamp Duty on Conveyance Deed) and Sub-Registrar (finally Conveyance Deed is Registered in this office.
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Freehold documentation requires attested photocopies of all relevant letters of concerned authority, ID, photographs, bills, form itself etc.

Q:- IS THERE ARE ANY CHARGES FOR THE CONVERSION? IF YES, THEN HOW MUCH?

Yes, Conversion Charges vary according to the type of property, category, and locality/area of the property. These charges are revised time to time as per the policy of the government.

Q:- WHAT IS MEANT BY MUTATION OF PROPERTY? IS THERE ANY DIFFERENCE FROM THE TERM TRANSFER OF PROPERTY?

In common parlance and usage both the terms are used to mean the same i.e. Change of ownership. However, more precisely it can be said that Mutation is process of conveyance of ownership of property after death of owner while Transfer is process while the owner is still alive.

Q:- THERE ARE CERTAIN MISTAKES IN MY REGISTERED DEED/DOCUMENT. WHAT CAN I DO NOW?

Errors in registered documents can be corrected only through Rectification Deed duly registered in the office of the Sub-Registrar concerned.

Q:- I WISH TO PLAN FOR THE FUTURE OF THE FAMILY, WHAT CAN I DO?

OR

Q:- WHAT DO YOU MEAN BY ESTATE PLANNING?

One may secure the future of his/her legal heirs, aged parents, minor/disabled children and other near and dear ones by a proper Estate Planning and avoid differences and disputes between them.
It refers to securing one's property that it does not go into wrong hands or become a subject matter of litigation. You may prevent your hard earned assets from being wasted. There are various modes or instruments by which one may do estate planning. It includes following documents but are not limited to 'Instrument of Will', Gift Deed, Trust Deed etc.

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