Transfer of Property Ownership in India: Rights and Responsibilities

by Godrej Properties Limited

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Frequently Asked Questions

Can a property be transferred without the involvement of a lawyer?

Ans: While it is legally possible to transfer property without a lawyer, it is highly recommended to involve a legal expert to ensure all necessary legal requirements are met and to avoid any future disputes or complications.

What documents are typically required for property transfer in India?

Ans: The required documents may vary depending on the nature of the transfer. However, common documents include sale deed, property title documents, identity proof, address proof, and tax receipts.

What legal documents are required for transferring property ownership?

Ans: The main legal documents needed are the sale deed (the agreement to transfer ownership), property tax receipts (proof of paying taxes), encumbrance certificate (shows any existing loans/disputes on the property), and the title deed (proves ownership).

What are the rights of the buyer and seller during the property transfer process?

Ans: The buyer has the right to inspect the property and verify all documents to ensure there are no issues with ownership. The seller must disclose all important facts about the property honestly.

What are the rights and responsibilities of tenants if the property ownership is transferred?

Ans: If property ownership changes, tenants have the right to continue living there according to their existing rental agreement. They are responsible for paying rent to the new owner.

Are there any restrictions on transferring property ownership to non-resident Indians (NRIs) or foreign nationals?

Ans: Yes, there are some restrictions and special rules regarding NRIs (Indians living abroad) and foreigners purchasing property in India. These rules can vary based on the state and type of property.

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