Deed of Declaration: Unleashing Property’s Power

  • November 22, 2023

Property registration and ownership entail essential legal processes; a key document in this realm is the deed of declaration. At AsmitA India Reality, a leading real estate developer, we prioritize assisting our clients in registering declaration deeds to streamline property transactions. By registering a declaration deed, you embark on the initial step to fully realize the value of your property, whether it’s for sale, lease, mortgage, or other transactions. This vital legal document not only saves you time and effort in future property dealings but also serves as the cornerstone of property ownership.

Deed of declaration document

What is a Deed of Declaration?

A deed of declaration is a fundamental legal property document that meticulously details the specifics of a property. This document provides landowners with a declaration deed specifying the land’s classification, dimensions, total area, and amenities. It serves as irrefutable evidence of property ownership, legally recognizing your rights and demarcating property boundaries. Possessing a registered declaration deed simplifies property transfer through inheritance, sale, or purchase by ensuring the legal recognition of ownership. In compliance with the law, builders must furnish purchasers with a warranty deed, solidifying the legal foundation of real estate transactions.

Importance of Deed Declaration

A deed declaration is a crucial legal property document for real estate transactions and property ownership.

Declaration deed in real estateLet’s discuss the numerous reasons why land and property owners require a registered declaration deed:

Legal Mandate

In India, any real estate transaction mandates the inclusion of a declaration deed as a fundamental part of the legal process. The law necessitates comprehensive documentation, ensuring that all pertinent information concerning the property in question is known to the parties involved, whether it’s a purchase, inheritance, or ownership. This deed declaration is vital to establish clear ownership and provides new property owners with the requisite legal support and security. Ensuring that all statutory requirements are met assures purchasers of the legal validity of their newly acquired property.

Importance in Property Conveyance 

Declaration deeds are paramount when legally transferring land and property ownership from one party to another. This is especially relevant in cases where legal heirs inherit a property following the owner’s demise or when the purchase of a new property results in a change of ownership. The declaration deed plays a pivotal role in establishing the new legal owner and facilitating the transfer of all rights and responsibilities associated with the property. It offers new owners security and protection against potential future claims by third parties regarding the property.

Defining True Ownership

A deed declaration precisely identifies the true owner or owners of the land and property, including delineating boundaries and the proportional interests of each co-owner in the case of multiple legal owners. This detailed documentation eliminates the potential for future disputes and confusion among co-owners regarding property ownership and respective shares.  

Legal property documentsPreventing Ownership Disputes

A registered declaration deed serves as legally admissible evidence, particularly in cases where the legal guardian or legitimate property owner is unclear. Such uncertainties may arise due to a lack of clarity concerning succession after a family partition or the division of undivided assets. The declaration deed is pivotal in resolving ownership disputes by providing clear information on ownership shares and titles.

Organizing Multiple Properties

Property owners with real estate portfolios encompassing multiple commercial or residential properties understand the significance of organization. Declaration deeds for each property allow owners to systematically store all critical legal property documents related to land and building ownership. This simplifies the management and administration of their real estate assets, making it more efficient and streamlined.

Deed of Declaration Format

Here is the general declaration deed format:

sale deed format

Declaration Deed Vs Cohabitation Agreement

Let’s look at the difference between a Declaration Deed and a Cohabitation Agreement:

 

Declaration Deed

Cohabitation Agreement

Establishes ownership rights over a property in a legal format Defines financial and personal rights of unmarried couples living together
Registered document that proves the title of the property Unregistered agreement between cohabiting partners 
Details of boundaries, area and amenities of the property parcel Specifies sharing of assets, debts, expenses between partners
Used for all types of landed properties – residential, commercial etc. Applies only to unmarried couples living in a domestic partnership

Things to do If a Declaration Deed is Lost

Regrettably, declaration deeds can sometimes be misplaced or lost over time. As a vital legal document, losing a declaration deed can pose challenges for the current property owners. Here are the legal options available to land or property owners:

Attempt to Find the Original Deed

If you’ve lost a declaration deed, your initial step should be to diligently locate the original document. Contact current and former registered owners or buyers of the property, as one may possess a copy of the deed documents. Also, contact the legal representatives of any deceased previous owners, as critical estate and asset documents might contain the missing deed. Get in touch with other entities involved in the property’s construction and sale, such as the builder, the financing bank, and the accountants, as they may have administrative documents with a copy.

Find an Equivalent Version

If extensive searches do not lead to the discovery of the original deed, consult the law firm or attorney responsible for drafting the initial declaration deed. While they may not have the original file or a copy after all these years, they might provide a deed template in a standard format commonly used for flats in Mumbai or flats in Mira Road registered during the same period. However, courts may not fully recognize a generic substitute as the official legal document for future purposes. In such a case, you might need to obtain a statutory declaration confirming that the reconstructed deed accurately represents the lost original.

Approach the Court 

As a last resort, the current registered owner can apply with the local court to reconstruct and replace the lost deed. This legal procedure is typically expensive and requires substantial evidence to reconstruct the precise contents and details of the original deed. To support the court’s decision, provide any remaining portions of the original document and encumbrance certificate with all known information about the property, its construction type, and previous buyers and sellers. If any segments of the old deed are recovered, the court will more likely accept the new deed as an official record of the property’s original terms and ownership conditions.

Administer per State Laws

In the unfortunate event that all the above options fail to recover the lost declaration deed, property owners can continue managing and transacting their property in accordance with the fundamental provisions and powers conferred by applicable state laws, such as the Indian Trusts Act. However, this affords only minimal legal protection and rights. A registered declaration deed that explicitly defines your valid ownership is always preferable.

Conclusion

A declaration deed is an indispensable legal document that forms the foundation for property transactions, offering a legal framework for ownership. Property owners are strongly encouraged to register their declaration deeds to unlock the full potential of their assets. At AsmitA India Reality, we understand the significance of declaration deeds and ensure that our clients register these documents in the standard format. This not only safeguards ownership but also streamlines property transfers. As a reputable real estate developer, we adhere to the legal procedures concerning declaration deeds, striving to offer the best customer service and guidance on all matters related to declaration deeds. You can trust AsmitA India Reality to assist you in obtaining declaration deeds for a seamless property ownership experience meeting.

FAQs

What is a declaration deed?

A declaration deed is a legal document that establishes the format for property ownership by listing the boundaries, area, and amenities of the land parcel. It defines the owner’s rights over the property.

Why is it an important declaration deed?

The legal format for a property and the owner’s rights are provided by a declaration deed. This legal document is essential as it facilitates the completion of all property transactions and prevents ownership disputes.

What are the benefits of registering a declaration deed?

Registration establishes legal ownership and enables property owners to leverage their property through transactions such as sale, mortgage, rent, etc., without litigation. It provides a standard format for conducting all property-related transactions efficiently.

By asmitarealty
By asmitarealty
By asmitarealty

Other Blogs

Good, you made it here!

  • We Hope our website HOUSEs all the information you need. If you wish to know more, help us with your details, and we will be happy to assist in finding your new smart home.

Request a Callback

I authorize Asmita India Limited and its representatives to Call, SMS, Email or WhatsApp me about its products and offers. This consent overrides any registration for DNC / NDNC.

  • Talk To Us About
  •