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Buying Property in India as a Non Resident: Everything You Need to Know
Takeaway Points:
- Understanding Legal Documents: Familiarize yourself with essential documents like the title deed when buying land or property to navigate the process smoothly.
- Title Deed vs. Sales Deed: Differentiate between the title deed, which confirms ownership rights, and the sales deed, which formalizes property transfer agreements.
- Legal Proof of Ownership: The title deed serves as legal proof of ownership, obtained through property registration after reaching an agreement with the seller.
- Registration Act of 1908: In India, the Registration Act mandates the registration of sale deeds to establish legal proof of property transfer.
- Defending Property Claims: Possessing a title deed is crucial for defending property claims, especially in disputes involving agricultural or ancestral properties.
- Requirement for Bank Loans: Banks require a title deed as proof of property ownership when granting loans, particularly for construction purposes.
- Ensuring Smooth Transactions: Understanding the importance of the title deed and securing it properly ensures a hassle-free property ownership experience.
When it comes to buying land or property, understanding the necessary documents is crucial to ensure a smooth process. One of the most important documents you'll encounter is the title deed, which differs from a sales deed.
Title Deed
A title deed represents your legal right to own a piece of land or property. It confirms your ownership and is obtained after you and the seller reach an agreement. This agreement is formalized through property registration, and the document that reflects this transaction is the sale deed.
Registration of Sale Deed
In India, the Registration Act of 1908 mandates the registration of sale deeds to establish legal proof of property transfer. Once registered and validated in court, the sale deed effectively becomes the title deed for the new owner. These terms are often used interchangeably.
Importance of Title Deed
Having a title deed is essential when purchasing land, especially for building a new home. It serves as evidence of ownership, which is crucial for defending property claims, particularly in agricultural or ancestral property disputes.
Moreover, possessing a title deed is necessary when seeking bank loans. If you plan to construct a house after purchasing land, the title deed provides proof of your property rights to the bank. This document allows the bank to transfer ownership of the land to them temporarily until the loan is repaid.
Summary
The title deed is vital to confirm your legal ownership of land or property. It not only safeguards your rights but also facilitates transactions such as property sales and obtaining loans for construction purposes. Understanding its importance and securing it properly ensures a hassle-free property ownership experience.
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