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Declaration Deed: A Detailed Look at the Deed of Declaration in India
Updated : April 25, 2024
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Real Estate Investments generally involve a very high capital and it’s very important to do a thorough verification of the property before investing in it. It’s crucial to know important details like the size of the property, type of the property and other such details. This is where a declaration deed comes in very handy. Let’s take a look at how a Deed of Declaration of a property helps a buyer make the right choice in choosing a better property.
What is a Deed of Declaration?
A deed of Declaration is an official property document giving detailed information about real estate. From the type of land to the total area of construction, exact details are to be provided by the builder in the correct deed of declaration format. It is the responsibility of the builder to execute a detailed Declaration Deed. In some instances, a deed of declaration means a Deed of Trust as well. A Deed of Declaration by the builder should also contain information about the amenities on the property like a swimming pool or gymnasium. The deed declaration will also contain information such as the carpet area of the property, the total number of individual apartments constructed and the value of each apartment. . A Deed of Declaration for property is a legal document used in real estate matters, but it can serve two purposes depending on the context.
Why is the Deed of Declaration Important to Execute?
As discussed, a deed of declaration means an official document giving detailed information about a property. It is mandatory by law for the builder to file and execute a detailed declaration deed of the property. A declaration deed is important because:
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- It gives detailed information about the size and type of property for a better investment.
- Gives a clear indication of the right owner to avoid any dispute in ownership
- Provides in-depth details about the location, amenities and value of the property
- Defines the correct boundaries and area of the property.
These important use cases of a deed of declaration help a buyer make an informed choice and make better decisions.
Things To Keep in Mind While Making a Declaration Deed
1. Be Certain
Once executed, the deed will change the legal ownership of the property and it will transfer the legal ownership rights. It is a legal document and can be enforced at the court as an official proof of ownership.
2. Attention to Detail
Provide the details properly. From the name and details of the witnesses to who pays the stamp duty, everything should be taken into consideration and should be accounted for.
3. Taken Consent of all Parties
The true owners and registered owners should be present while the deed is executed and signed. If all parties are not present, the deed may be considered fraudulent
4. Make Proper Registration
To avoid any discrepancies, always get your property registered and pay the necessary taxes. It acts as proof of ownership.
Deed of Declaration of HUF
According to the Indian succession laws, a Hindu Undivided Family (HUF) consists of members and coparceners. A HUF is treated as a person under the income tax laws of the country. A HUF is formed when all members of a Hindu family are from the same lineage and have a common ancestor. Under the Indian Tax Laws, a HUF has many benefits. Forming and availing of these benefits are also easy. If you are a HUF, let’s take a look at the HUF deed of declaration format for KYC:
Deed of Declaration of HUF: Format
Deed of Declaration Maharashtra: Sample
Download link:
https://www.pkgoyalandassociates.com/forms/2447.pdf
Sales Deed Format Maharastra
What should you include in a Deed Declaration?
The registered deed of declaration is a crucial legal document that outlines the ownership details of a property. Understanding the declaration deed format is crucial for ensuring the document accurately reflects ownership rights in a property. According to official Indian reports, the deed declaration should include the following information: the names of the parties involved, the property’s legal description, the purchase price, the date of purchase, and any restrictions or easements affecting the property. In addition, the deed declaration should also include a clause indicating the type of ownership, such as joint tenancy, tenancy in common, or sole ownership. This clause should also specify the percentage of ownership of each party.
What should you do if the declaration deed is lost?
If a declaration deed is lost, the first step is to obtain a copy of the original document from the registrar's office. To do this, one must file an application for a certified copy of the deed and pay the required fee. In addition, one must provide proof of ownership, such as the original sale deed or a property tax receipt. If the original deed was registered, a duplicate can be obtained from the registrar's office by following the same procedure. It is crucial to act quickly in such situations and not delay the process of obtaining a duplicate deed, as it is an essential legal document that establishes ownership of the property.
Get the best legal experts for your unique property hurdles
The deed of declaration is a crucial property document that the builder must correctly execute with all the necessary details. It provides essential information for property evaluation and decision-making. This document offers intricate investment details to property buyers and helps resolve ownership disputes. For expert legal advice, NoBroker offers affordable consultations with top legal experts in the country, ensuring all your questions are answered. Comment below and we will reach out to you.
Frequently Asked Questions
Ans. A deed of declaration is a legal document used in the transfer of ownership of property from one person to another. It is typically used in cases where the transferor is the owner of a housing complex or apartment building, and wishes to transfer ownership of the individual units to the tenants.
Ans: Yes, all property owners are required to execute a deed of declaration before a sale to give a detailed account of their properties.
Ans: A declaration deed contains important details about a property. From the type of land to the total area of construction, a declaration deed will have all the details about a property.
Ans: It’s advisable to check the property’s deed of declaration before you invest in it. The ideal time to deed of declaration is before purchase.
Ans: The builder of a property is responsible for executing a declaration deed in India.
Ans: A deed must be in writing, signed by the parties involved, and contain a description of the property being transferred. It must also be delivered to the other party.
Ans: A deed is a legal document that transfers ownership of property or land from one person or entity to another.
Ans: A deed of declaration is used to transfer ownership of property within a housing complex or apartment building to individual tenants, whereas a sale deed is used to transfer ownership of a property from one person or entity to another.
Ans: To register a deed of declaration, the document must be drafted, signed by both parties, and presented to the registrar of deeds along with the necessary fees and documentation.
Ans: A deed of declaration is used to transfer ownership of individual units within a housing complex or apartment building to tenants, whereas a deed of apartment is used to transfer ownership of a single apartment or unit from one person or entity to another.
Ans: A declaration deed is used to transfer ownership of property or land from one person or entity to another, while a rectification deed is used to correct errors or omissions in a previously executed deed.
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