Transfer of Property
The transfer of property, under Indian law, refers to the act of conveying property rights from one person to another. This transfer can include sales, leases, mortgages, gifts, and exchanges. The primary legislation governing property transfer in India is the Transfer of Property Act, 1882. This act defines the various forms of property transfer and the legal requirements that must be met for a transfer to be valid and enforceable.
Services Provided:
1. Sale Deed Drafting and Execution:
- Preparation of the sale deed, ensuring it includes all essential terms and conditions
- Verification of seller's title and ownership
- Registration of the sale deed with the local sub-registrar to make the transfer legally binding.
2. Gift Deed Preparation:
- Drafting gift deeds for the transfer of property without consideration.
- Ensuring the deed complies with legal requirements for validity.
- Assistance with the registration process.
3. Lease Agreement Drafting:
- Creating lease agreements detailing the terms of property rental.
- Ensuring compliance with the Indian Contract Act, 1872, and relevant local laws
- Registration of lease agreements where required by law
4. Mortgage Documentation:
- Drafting mortgage deeds for securing loans against property.
- Ensuring compliance with the Transfer of Property Act, 1882, and banking regulations.
- Registration of the mortgage deed to protect the lender’s interest.
5. Title Verification and Due Diligence:
- Conducting thorough due diligence to verify the title and ownership of the property.
- Reviewing public records for any encumbrances, liens, or legal disputes
- Providing a legal opinion on the title status and advisability of the transaction
6. Partition Deeds:
- Drafting partition deeds for dividing jointly owned property among co-owners
- Ensuring equitable distribution and legal compliance.
- Registration of partition deeds to formalize the division.
7. Conveyance Deeds:
- Preparation of conveyance deeds for transferring property rights.
- Ensuring the deed includes all necessary details such as parties, consideration, and property description.
- Registration of the conveyance deed to effectuate the transfer.
8. Registration Services:
- Assisting with the registration of all property transfer documents with the sub-registrar.
- Ensuring compliance with the Registration Act, 1908.
- Handling the submission of required documents, payment of stamp duty, and registration fees.
9. Legal Consultations and Dispute Resolution:
- Providing legal advice on property transfer matters.
- Representing clients in disputes related to property transfers
- Mediation and arbitration services to resolve property-related conflicts
10. Power of Attorney Services:
- Drafting power of attorney documents for property transactions.
- Registration of power of attorney to ensure its legal enforceability.
- Providing advice on the scope and limitations of power of attorney in property matters.