Understanding the Transfer of Properties in India: A Comprehensive Guide
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Contents
- Frequently Asked Questions
- Can I transfer a property if it has pending loans or liabilities?
- Can a property transfer be done without physical presence?
- What are the different modes of property transfer in India?
- What are the legal formalities involved in property transfer?
- What are the taxes and fees associated with property transfer?
Frequently Asked Questions
Can I transfer a property if it has pending loans or liabilities?
Ans. Transferring a property with pending loans or liabilities is possible, but it requires careful consideration and coordination with the lender.
Can a property transfer be done without physical presence?
Ans. Yes, property transfers can be done without physical presence through the use of a power of attorney (POA) or by utilising digital platforms.
What are the different modes of property transfer in India?
Ans. There are various types of transfer of property in India, which includes sales deed, gift deed, inheritance, partition deed, and lease.
What are the legal formalities involved in property transfer?
Ans. Property transfer in India requires drafting a valid deed, which can be sales, gift, inheritance or partition, payment of stamp duty and registration fees, and registering the deed with the local authority office. Once this step is complete, a proper title verification is done. Other important legal formalities include taking an NOC and encumbrance certificate.
What are the taxes and fees associated with property transfer?
Ans. The taxes and fees associated with the transfer of property are stamp duty, registration fees, TDS, capital gain tax, and legal fees.