Unlike sale deeds, which have a distinct process and are a legit document, a title deed lacks such a status. The title is only an idea, more like a concept. The legal instrument that grants the owner of the property this title is a sale deed, which is always documented. After you acquire a property and the registration is completed, you will obtain a sale deed in documentary form, which will give you ownership of the property.
A deed certifies a person’s ownership of a particular piece of property or land, which is represented by a title. The buyer legally obtains legal ownership over the specified asset through property registration following a buyer and seller’s agreement. This is reflected in the sale deed paperwork.
Table of Contents
What does a Title Mean?
A title can have many meanings, but according to the Oxford Dictionary, it can also mean “the document that proves you have the legal right to own something, especially land or property.”
What is a Deed?
A deed is a legal document that spells out who owns, transfers, and inherits a piece of property. It frequently contains details on the amount of land that a person owns or their rights to that property.
What is a Title Deed of a Property?
A title deed is, to put it simply, a document that transfers ownership of a piece of property from one person to another.
When you purchase a property in real estate, you formally become the legal owner of the asset through a procedure called as property registration. The ‘title’ of the property is changed into your name throughout this procedure.
The sale deed is the legal instrument that permits this transaction to take place. This is the reason behind using title deed and sale deed interchangeably.
A title deed is a legal document that outlines the inheritance, ownership, transfer, or allocation of the property by a government body. It contains details on a person’s ownership rights or the amount of land they own. Title deeds are used to transfer a person’s ownership rights over land to another person.
What Does the Title Deed Include?
The title deeds include details on a property, including the owner, any rights or privileges the owner may have, as well as the property’s location and description. When a property is allocated or sold, the title deeds are often registered and lodged with the Sub-Registrar Offices in India.
Importance of Title Deed
The owner benefits from a legal title deed in subsequent transactions. The ability to sell a piece of property further, transfer it, mortgage it, give it as a gift, and other rights come with ownership. To make sure the seller has the legal right to sell the property, a buyer will always request the original documentation.
When seeking to sell the property, the title deeds are essential. The title deeds serve as evidence of a person’s ownership of real estate. It demonstrates that an individual In order to determine if the owner has the right to sell the property. Also, whether there are any liens or other claims against it. A buyer will examine all the title papers, including sale deeds, encumbrance certificates, khata certificates, property tax receipts, etc.
They aid in determining whether there are court rulings that restrict the owner’s ability to sell the property. As a result, before buying a property, the title deeds must be checked.
At the time of selling a property, the seller is required to present all prior records and documents pertaining to the property through which a sale deed is executed. A chain of documentation evidence must be included when registering a property so that ownership and any alterations may be tracked. As a title document, a sale deed turns into a chain link.
Types of Title Deeds
Sale Deed
In order to demonstrate that the ownership of the relevant property has changed, a buyer and a seller must formalise the process once they agree to carry out a real estate transaction under particular terms and conditions. Following that, they must create a sale deed that contains all the details of the transaction. According to the Registration Act of 1908, this document must be registered in order to be regarded as legally binding.
Gift Deed
A gift deed is a legal instrument used to give the ownership of a piece of property to someone else out of love and compassion. The donee is the person who receives the gift of property from the donor, who is the owner of the property. The donee must accept the gift.
The transfer of property ownership rights in the donee’s favour does not require payment from the donee to the donor. The gift deed of a property must be registered with the Sub-Registrar Office in order for it to be legitimate, and the donee must accept the gift during the donor’s lifetime.
Mortgage Deed
Mortgage is the term for the transfer of a property’s ownership interest in order to secure a loan from a bank or other financial organisation. When requesting a loan, a borrower is required to provide security to the lender so that, in the event of default on the loan repayment, the lender will have a way to recoup their investment. Typically, the asset is pledged as collateral for a loan.
A legal document that outlines the terms and conditions of the mortgage is known as the mortgage deed. In the event that the loan is not repaid, it gives the lender legal control over the property. The mortgage deed must be registered in order to be considered lawful under the law. For a mortgage that is delivered in the form of title documents, registration is not necessary.
Lease /Rental Deed
When someone agrees to lease or rent their home, building, or other property to another person, a lease deed or rent deed is signed. A lease agreement, also known as a rental agreement, is a legal contract that must be signed by both the tenant and the property owner before the renter can temporarily occupy the property for a given period of time.
It includes information on the property, the terms of the lease or rent, and the rent or lease payment amount. If the term of the rental agreement exceeds 12 months, the rental deed or lease deed must be registered with the Sub-Registrar Office. However, registration is not necessary if the rental agreement’s duration is less than a year.
Warranty Deed
A warranty deed is a legal document used when selling a piece of property. It assures the purchaser that the seller has the legal right to sell the home and that it is free and clear of any obligations. If any problems arise, the buyer has the right to recompense from the vendor.
A general warranty deed gives the buyer the most security possible since it transfers important assurances or commitments to the grantor. In a specific warranty deed, the seller’s guarantee does not apply to the entire property. Only issues that come up while the seller is the property’s owner are covered by the guarantee provided to the buyer.
Quitclaim Deeds
One of the most significant legal papers you may file is a quitclaim. You assert your ownership of a property and renounce your rights as a tenant in this legal document. This document contains a description of the property, the landlord’s name and address, and other pertinent data that is updated on a regular basis.
Quitclaim documents were once used by persons who wished to start over to formalise their separation from their previous life. They have recently been involved in divorce cases and other property rights disputes. Quitclaim deeds may be digital or analogue. The individual who wants them manufactured might set them up as a PDF or scan them into a word document, then print them off.
Pledges
Giving something to someone else by transferring the title is known as pledging. Depending on the language, a different kind of title deed may be utilised.
Depending on the language, a different kind of title deed may be utilised. Trust deeds are the most typical type of promise. Unlike a mortgage, which entails borrowing money, a pledge does not.
Chattel Mortgage
A chattel mortgage is a form of home-purchase loan provided to borrowers who cannot be approved for a normal mortgage due to insufficient income or a low credit score. Like other installment loans, individuals are able to make monthly payments on the loan.
This has been around since the 1970s and were once used for vehicles and other goods, but they are now primarily used for any kind of loan. They are a vital tool to have when submitting a mortgage application or refinancing an existing mortgage. People are now choosing arranged mortgages over conventional ones to finance a property in recent years. These mortgages are available to those who desire to own their own home but do not match the income standards.
How to Obtain a Title Deed?
A title firm or a real estate lawyer are often used to get a title deed. A title search is required to establish that the property has a clear title and is unencumbered by any liens or encumbrances before a title deed can be obtained.
Title Deed Registration
A formal process known as property registration must be followed in order to acquire legal ownership of a piece of property, such as a plot of land, a home, or an apartment. Even when giving a property as a gift, the owner must execute a gift deed in order to transfer title to the recipient. The title deed of the property is the gift deed or sale deed, and it is how one acquires ownership.
The Sub-Registrar Office of the region where the property is located must receive both the gift deed and the sale deed. When registered, the sale or gift deed becomes a title deed and serves as evidence of the buyer’s ownership. The title deed has no value without registration, and ownership cannot be transferred.
Final Thoughts
From a legal standpoint, these two might be distinguished as being an agreement and a statement, respectively. All the terms and circumstances under which the buyer and seller have agreed to enter into the transaction are laid forth in the sale document. Due to its very nature, the legal instrument that must be registered in accordance with the Registration Act of 1908‘s requirements takes the shape of an agreement.
A title deed does not have this property. The title deed, even if it is expressed through a sale transaction, only speaks to the legal ownership of a certain piece of land. The owner’s rights and duties are also stated in the title documents.
FAQ’s
1. What is the difference between deed and title deed?
A title is the legal right to use and change the property as you see appropriate, or to grant others a deed of interest in all or part of what you possess. A deed serves as the owner's legal claim to the property. Unlike the title, which identifies the legal owner of the land.
2. Is title deed and mother deed same?
The mother deed also goes by the terms sale deed and title deed. This crucial record certifies that the buyer is the rightful owner of the property. All parties to the transaction are required to sign this document.
3. What is the difference between title deed and ownership?
4. Is title deed and mother deed same?
The mother deed also goes by the terms sale deed and title deed. This crucial record certifies that the buyer is the rightful owner of the property. All parties to the transaction are required to sign this document.
5. What are the four types of deeds?
Some of the most important types of deeds in India are Lease Deed, Mortgage Deed, General Warranty Deed, and Gift Deed
6. What benefits come with possessing a title deed?
It is impossible to exaggerate the significance of title documents in the purchase of real estate. This is true for both residential and commercial real estate. Title deeds have a significant lot of weight and significance because they are official legal papers.
7. Whose name is in title deed?
Homeowners commonly use title deeds to identify a particular property owner. The following details are included in the deed: The owner's name, the location of the property, including the state and county.
8. What is the difference between title deed and sale deed?
While a title deed is a concept, a sale deed is a physical document.
