What is the process for transferring ownership of a property from one name to another?
To transfer the ownership of a property from one name to another, the following process generally applies:
- Obtain a sale deed or transfer deed: The seller and buyer must execute a sale deed or transfer deed. This document must be drafted on stamp paper of appropriate value and registered with the relevant sub-registrar of assurances within whose jurisdiction the property is located.
- Pay transfer fees and stamp duty: The transfer deed must be submitted to the relevant revenue department along with the appropriate transfer fees and stamp duty. The stamp duty is generally a percentage of the property value and varies from state to state.
- Obtain clearance certificates: The buyer must obtain the necessary clearance certificates from the appropriate authorities. These may include a clearance certificate from the municipal corporation or panchayat, water and electricity authorities, and tax authorities.
- Update records: The buyer must update all records related to the property ownership, including the land revenue record and the property tax record.
- Obtain possession: Once the transfer is complete, the buyer must obtain physical possession of the property. This can be done through a physical inspection or through the intervention of a court or the police, if necessary.
It is important to note that the process for transferring ownership of a property may vary depending on the location and specific circumstances of the property. Some potential limitations or exceptions to the advice given may include issues related to encumbrances or legal disputes, which may require further legal action. It is recommended that individuals seek the advice of a licensed attorney for specific legal advice related to their particular situation.