Legal services for land and property transfer in India

 Property Transfer in India for NRI

Alienation means the property transfer, such as gifts, sales, and mortgages. If you have acquired a property in India by way of inheritance, purchase, gift and relinquishment, etc., then you must check that all revenue records and mutations are done in your favour at the earliest.

Mostly, overseas citizens have no trusted representatives for property transfer in India. Factors like lack of information, time constraint, inability to travel and rising real estate prices in India attracts complications like illegal land transfer, unlawful possession of land or even illegal sale of land by third parties.

To stem these rising frauds against NRI properties, you must efficiently transfer your property at the earliest in your name after following the proper process of law.

Modes of Property Transfer in India

Possession can be transferred in two ways:

  • Voluntary Transfer
  • Involuntary Transfer

At the point when the owner of property transfers it willingly, it is optional alienation or voluntary transfer. It might be made in three ways, (i) for consideration e.g. by sale, mortgage, lease or exchange, (ii) by gift, and (iii) by will.

Involuntary Alienation or involuntary transfer happens when the court attaches the property of a person. This mode may likewise alienate the assets of the joint family or undivided interest of a co-partner in such estate.

Five ways of transfer of Immovable assets (or) Real Estate Assets

Real Estate Sector is one of the most sort-after investment alternatives in India. You can obtain immutable property in various perspectives, and there can be various circumstances when you wish to transfer your ownership of property to your beloved ones.

The most used method of transferring or acquiring a property is through the execution of SALE DEED, which is also called TRANSFER DEED. But, it may not be a tax-efficient or cost-effective mode.

There can be a circumstance when you want to give up your share in the estate to your daughter or sister. In such cases, property transferring through a Gift Deed can be a best suitable Option.

Another circumstance can be, if you would like to guarantee that your equity is distributed to your beneficiaries according to your wishes, execution of WILL can be considered.

Different ways of acquiring or transferring Real Estate Assets

You can acquire ownership of immovable property in the following five popular ways;

  1. By purchasing the ownership of the property
  2. Through GIFTS
  3. Through SETTLEMENT Or Partition of Properties
  4. Through relinquishment of the property in a land
  5. Through inheritance or WILL

 

1 – Sale Deed

This is the most popular method of property transfer in India. If you hold a possession and you might want to sell it outright for a consideration i.e. sale value, then execution of SALE DEED can be considered.

The enrollment of sale deed or transfer deed is mandatory, and once the sale deed is enlisted in Sub-Registrar office, the ownership gets transferred to the new owner.

2 – Gift Deed

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift, and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

 3 – Relinquishment Deed or Release Deed

If there are multiple owners of assets, and if one of the co-owner needs to transfer his/her rights in the property to another co-owner then this can be possibly done through the execution of RELINQUISHMENT DEED.

The property transfer through Relinquishment deed can be for consideration or without consideration i.e. without any exchange of money. Like gift deed, this transfer is also unavoidable.

4 – Partition Deed or Settlement Deed

Partition Deed is executed by the co-owners of the land when a court order or order of a local revenue authority has to be implemented.

In the case of Settlement Deed, however, the property is owned by a third person and is settled for individuals who do not have any past interest in the said property and the share of the beneficiary is as per the desires of the settler.

Not at all like WILL, Settlement is a non-testamentary report which becomes operative immediately. Will is a testamentary file, which becomes operative after the expiration of its owner. Also, WILL is revocable and can be modified by the testator, whereas Settlement deed is unalterable.

5 – Inheritance or WILL Deed

You can gain a land through inheritance or WILL DEED. In case a person dies then the properties are transferred according to the Law of Succession. WILL Deed can be revocable by the Testator during his/her lifetime. In this way, the beneficiaries of WILL get the possession rights in a land only after the death of the Testator.

After the death of the testator, individual claiming through the WILL DEED or inheritance need not enrol the land in his name.

However, he or she needs to apply to the concerned nearby civil authorities with the copy of the will, Succession Certificate and death certificate for completing property transfer process done in his or her name.

After the expiration of the owner of a land his heirs, such as wife, children i.e. male and female, married or unmarried may, as indicated by individual law, get the Patta or Khata transferred on the generation of the death certificate of the owner with details of property transfer held by him.

Learn More About: Partition of Property in India