Property Matters Documents

Home - Property Matters Documents

  • Gift Deed
  • Make a Will
  • Residential Rental Agreement
  • Sale Deed

1.Gift Deed

The lawful owner of a property can transfer it to another party without any monetary consideration through a gift deed. All such deeds must be signed by the donor, attested by 2 witnesses and then registered. Charges will vary in each state as stamp duty must be paid on the value of the property. Generally, such gifts are given by one family member to another, but there is no such restriction. However, gifts from relatives (and wedding gifts) are exempt from tax.

 

2.Will

A will allows you to communicate how your assets are to be distributed among those close to you after your death. This document ensures that your belongings do not devolve as per the laws of inheritance (which vary for each major religion) but as per your wishes. Its creation is frequently postponed, but it’s a good practice to have one in place and then keep updating it when necessary. All such a document needs to contain is a declaration that it is being made free from any pressure, the details of your property and who will inherit it. It need not be registered, but it is suggested that you do so at the office of the sub-registrar.

 

3.Rental Agreement

A rental agreement protects the interests of both the landlord and tenant. The terms of the agreement bring clarity to the arrangement, such that the consideration, rights and obligations of both parties, and the rental term are established. In most Indian cities, rental agreements last only 11 months to protect against rental control laws. Agreements with a longer term need to be registered.

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Advantages of a Rental Agreement

Fosters Good Relations

A comprehensive agreement, protecting the rights of both landlord and tenant, is essential to a good business relationship between the two parties.

Legal Protection

When a deal involves such a large asset, you need a document in place that offers legal protection in case any action of the opposing party contradicts its terms.

 

4.Sale Deed

Now that you’ve found the place you want to buy or found a buyer for your property, you need an agreement prepared. There is no underestimating this document, given the large sums involved in property deals. The agreement between you and the other party should cover comprehensively the terms on which the sale will take place, the conditions, and the date on which the sale will be completed. Sale Deed is the document that would be executed once final possession is given.

Advantages of a Sale Deed

Protects Parties

The deed protects the rights of both the buyer and the seller. A specific, well-drafted deed will avoid ambiguity and minimise legal risks.

Defines the Area

For the buyer, a key advantage is having on paper a well-defined description of the property that is being purchased, including the square footage and the location.