What documents are required for transferring property ownership?

Answered by

A Agarwalla & Co.

Published At July 2, 2024

Answer

Transferring property ownership in India involves several essential documents to ensure the process is legally compliant and smooth. Here’s a detailed list of the required documents:

  • Sale Deed: This is the primary document that legally transfers the ownership from the seller to the buyer. It must be executed on non-judicial stamp paper and registered at the local sub-registrar’s office.
  • Title Deed: This document proves the seller’s ownership of the property. It should be free of any legal encumbrances or disputes.
  • Encumbrance Certificate: This certificate shows that the property is free from any monetary or legal liabilities. It provides a record of all transactions related to the property.
  • Agreement to Sell: Before the sale deed, an agreement to sell is drafted. It includes the terms and conditions of the sale, such as the sale price, payment schedule, and possession date.
  • Power of Attorney (PoA): NRIs often use a PoA if they cannot be physically present to complete the transaction. This document authorizes a representative to act on their behalf.
  • Property Tax Receipts: These receipts confirm that the seller has paid all property taxes up to the date of the transfer.
  • Identity Proof: Valid ID proof like a passport, Aadhar card or PAN card for both the buyer and the seller.
  • Address Proof: Proof of current address, such as utility bills or voter ID card.
  • Certificate of Succession or Probate: In cases where the property is inherited, these documents are required to prove the rightful ownership of the legal heirs.
  • Mutation Document: This document is used to update the property records with the new owner’s name in the local municipal records.

Engaging a real estate attorney in India can help ensure all these documents are correctly prepared and submitted, preventing any legal issues. This professional guidance is crucial for NRIs and anyone unfamiliar with the detailed legal processes involved in property transactions in India.