What is the Process of Property Transfer?

If you want to transfer your real estate ownership, you must understand the whole process. Here is all you need to know.

The buying and selling of property can become a complicated process. Also, there is a separate set of rules and requirements for the process of property transfer. If you are an owner of real estate and wish to transfer it to someone else, you must change the title on the record to reflect that.

Even though you might want to transfer the property to your loved ones, the property transfer procedure is not as simple as you might have thought. Once it involves property transfer, it is always considered safe that you request legal aid.

Two main ways to do this are a quitclaim deed and a warranty deed – Depending on who you are transferring the property to, why you are doing it, and what kind of tenant you are, you can choose the right one.

Two Ways of Transfer Property

Quitclaim deed

It ensures that the property transfer is done without committing to any promises regarding the property through this specific deed.

  • For critical issues like the separation of couples or any spontaneous decisions for property name transfer, it is used to clear up the title issues in the property transfer. The property’s price, the complete names of the Vendor and Vendee, the location, and the legal description specifying the particulars of the property are included in this deed.
  • You are effectively giving up – aka your claims or rights to the property whenever you sign a quitclaim deed. It offers a significantly low level of buyer protection since no money or warranties are exchanged.
  • Due to their risky nature, quitclaim deeds are for transferring property among family members or between spouses after a divorce. Other uses of this deed include clearing up title issues, transferring property to a trust, and gifting properties to someone.
  • If there is an issue with the deed or you do not have full ownership of the house shortly, it safeguards you as a seller from being sued by your family member’s spouse or future buyer.
  • Due to their speed and simplicity, quitclaim deeds are also called “quick claim” deeds.

Warranty Deed

The assurance that the seller has all legal rights to transfer the property and nobody else other than him has the right to do so is given by this deed.

  • It also specifies that there is no debt on the property through this deed. Compared to the quitclaim deed, this is much more trustable for Vendee, as they can now get assured that there are no unpaid debts associated with the property.
  • For real estate sales, warranty deeds are generally used. Buyers are legally protected from title challenges via this deed. Unlike quit claim deeds, the buyer knows that there won’t be any unpaid taxes or creditor liens later in the near future.
  • To summarise, this deed promises property transfer to the recipient and is also known as a “Grant Deed.”

Regulations Navigating the Process of Property Transfer

The regulations directing the process of property transfer are stated below:

  • The most important criterion for a property transfer to be considered adequate is that there must be a property transfer between living or juristic persons. It can be anything like an individual, firm, corporation, or association, but not a partnership.
  • The transfer of property is likely in the present or the future.
  • The category of properties that cannot be transferred is listed in Section 6 of the Transfer of Property Act of 1882.
  • A competent person must do the transfer of property: Only the transfer of property performed by a person of sound mind, a major, and a person who is not disqualified by contact law will be held to be legally valid.
  • Its essential to make the transfer in the prescribed form: the intangible property sale should be noted in a written format with the required government fees paid.
  • As the perpetuity rule cannot be followed, the property must be transferred during an individual’s lifetime. It is crucial to consider the person’s age as the person should be above 18 years for transferring the property, and the property cannot be transferred to an unborn child.
  • Per Section 25 of the Transfer of Property Act of 1882, the transfer of property may be done with the conditions elaborated. But If the condition becomes impossible, opposed to public policy, forbidden by law, or immoral, the transfer would not be held valid.

What is the Process of Property Transfer?

For a seamless and effective transfer of ownership, follow these steps:

Keep Transparency in the Terms of the Deed

It is done to make the tenancy rights between property owners clear. Is it co-tenancy or shared tenancy? Most families choose to remain co-tenants with a right of survivorship over other options. It enables the property to get transferred to the remaining owners without needing a costly probate process.

Consult a Lawyer to Prepare the Deed

Though theoretically possible, doing it yourself might get challenging, especially if you have a warrant deed. Hiring a lawyer to advise you is advisable since deeds must be exact. You and the family member transferring your ownership are named in the deed, and a legal description of the property is also included. If available, official deed descriptions or government nameplates may get utilised.

Carefully Examine the Deed

Verify the accuracy and completeness of the information by perusing the deed. Pay close attention to any legal explanations and double-check that both the vendor and buyer provide the right legal name and address. You have a signature area on the form, but you shouldn’t do it just yet.

Sign the Deed with Witnesses in Front of a Notary Public

All sellers shall sign the deed in the presence of a duly certified notary public and such additional witnesses as the laws of your state may demand. The document must be notarised with a seal and signature, and the buyer must not sign everything.

Register the Deed on a Public Ledger

To finalise the transfer of ownership, deliver the deed to your nearby registry office. If you don’t do this, referred to as “register the deed,” you can have issues because no one will know your relatives’ property rights. You could now be required to pay any taxes and fees related to the conveyance. The buyer will eventually need to get registered as the county’s new owner.

Crucial Things to Consider while Process of Property Transfer

An Ownership Change in Tax Document of Property

Following a change in ownership for the transfer of property, a change in the name of a property is being done. The Commissioner of Revenue must receive a certain number of documents, and he could need 25 to 35 days to do this.

The latest paid tax certificate, a certified copy of the bill of sale, his NoC from the appropriate housing association, and an application form that has been properly filled out and signed are all essential documents for this process.

MOU- Memorandum of Understanding

An MOU, or Memorandum of Understanding, is an agreement between two or more parties that may be bilateral (when there are two) or multilateral (where there are two or more parties). The MOU outlines the parties’ intentions for a shared course of action and acts as a unifying expression of their intentions. The MOU is a formal document, but it is not enforceable.

Property Mutation

You could believe the process of property transfer is over once you’ve registered ownership with the buyer and completed it all satisfactorily, but the mutation is still an essential step. The buyer must update the owner’s name in local government or land register records if there is a change in ownership. As the purchaser will also want the mutation certificate throughout the selling procedure, ensure they have this document on hand.

For the government to recognise a person as the owner of the property, an extrajudicial stamp with the name of the property being transferred must be placed on the relevant Tehsildar. Their NoC and certificate to start the purchase are two of the most crucial papers. Following the completion of the purchase procedure, this phase aids in transferring ownership from the buyer to the recipient.

Conclusion

The process of property transfer, which has its own set of regulations and criteria, may be just as challenging as the entire process of purchasing and selling real estate. Your home is a valuable asset, and changing ownership may be laborious. There are several options; however, quitclaims and warranty deeds are frequently employed to turn over any association concerning loved ones and other trustworthy individuals.

FAQs

What is the process of property transfer?

After the purchase process is complete, this procedure is adopted to transfer ownership from the buyer to the recipient. The entire process of purchasing and selling a property may be challenging.

What is the duration of the property transfer take?

The process of transferring property may take up to three months.

Why is the process of property transfer crucial?

Anyone wanting to transfer their immovable property lawfully must comply with the Transfer of Property Act (ToPA). A piece of land, a home, a plot of land, or anything else fixed in place and cannot be moved can all be considered immovable property.

Can the property be transferred orally?

In situations where it hasn’t been specifically stated that a property must be legally transferred in writing, it specifies that a transfer of property may be made verbally.