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Declaration Deed Purpose, Importance, And Other Things You Should Know

Jan 02, 2023
Declaration Deed Purpose, Importance, And Other Things You Should Know

There are many ways to provide detailed information about the property. A declaration deed is a very commonly demanded legal document explaining a property's specifics. The deed of declaration becomes an important subject, especially when you are looking forward to buying a property. The importance and purpose of a declaration deed can be of true significance in all terms. The blog is intended to provide every detail about a declaration deed, including its format. Keep reading to know more.

What is a Declaration Deed?

A declaration deed is an official and legal property document which holds all the relevant information related to a property. Some of this information includes:

  • Construction area
  • Builder's name
  • Total carpet area
  • Amenities
  • Type of land/building
  • Number of flats

It is the sole responsibility of the builder to produce a declaration deed.

Understanding The Importance of a Declaration Deed

The declaration deed is important for the builder and the property owner. Moreover, the law also states the builder to file and execute a detailed declaration. The outlines of the importance of a declaration deed are:

  • The deed declaration is a mandate by the law. The law must be aware of the piece of land or property in question of purchase.
  • The deed is an important subject when passing ownership of the property is concerned. This is primarily in case of inheritance or buying the property.
  • The deed defines the true owner of the land and property in question.
  • A deed also acts as decisive evidence in extreme cases of disputes where the legal guardian of the property isn't determined.
  • As an owner with several properties registered under them, it becomes easy for them to be organized and have details about all their properties.

Purpose of a Declaration Deed

The purpose of a declaration deed goes beyond just fulfilling the document requirements:

1. Transfer of Ownership

A declaration deed plays a significant role in property transfer. This could be when someone buys a property, sells it, or even inherits it.

2. Legal Recognition

A declaration deed is important as it puts a stamped mark on a piece of land or property.

3. Identification

When multiple properties are associated with a single owner, it becomes easy to organize and identify the value of every property.

Making A Deed Declaration? Here's What You Should Remember

Before making a declaration deed, you must remember and keep in mind a couple of facts.

1. Mutual Consent of Everyone Involved

When the deed of declaration is put into effect, every owner must be present. The deed can even be proved wrong if all the concerned parties are unavailable.

2. Registering The Deed

Every land registry contains the declaration deed details when a purchase occurs. This is crucial as it would greatly help buyers who aren't aware of someone else's interest in the property.

3. Certainty Is a Must

Investing in real estate is a financial commitment; therefore, be absolutely certain before considering buying a property and registering a deed of declaration.

What to Do If Declaration Deed Is Lost?

If you have lost your declaration deed, here's what can be done.

1. Look for The Copy

It is best to find a declaration deed copy if you can't find the original one. Contact the relevant parties to see if they have a copy. If this fails, try finding a copy through law or accounting firms.

2. Regulate The Deed

As per the Trustee Act, trustees might withdraw their reasons. This can happen due to several reasons. This also ensures that trustees have the power without any obligation.

3. Appeal to Court

Try a court appeal to see if it can restructure the deed declaration in any way possible. Especially when the deed is lost or stolen, a court can give you a draft version of the original deed if you ask for it. However, it is important to note that you must be able to explain the details of the deed else the whole process can become expensive.

What Should a Deed Declaration Have?

The primary details that every deed of the declaration must have are:

  • Contribution of every party
  • Details concerning how the mortgage will be paid off
  • Repayment strategies
  • Detail of the division of the property

Conclusion

A declaration deed is a very crucial document that helps in maintaining the transparency between the sellers and buyers. Moreover, it also helps to resolve conflicts related to ownership and otherwise. If you plan to get a declaration deed, do it after the purchase is finished, agreed upon, and signed off by all the concerned parties. If you are building your property, and are eying on a property, then applying for a home loan is the ideal solution.

Fullerton Grihashakti offers you the flexibility of buying your own house by offering you a loan of up to INR 5 crores*. Apply for a loan online, and the rest of the process is extremely smooth. Additionally, many other features associated with a home loan add a layer of advantage. Check your eligibility criteria and apply for a home loan. Once the loan is approved, don't forget to get a deed of declaration.

*Terms and Conditions apply. Loans are disbursed at the discretion of Fullerton Grihashakti.

Fullerton India Home Finance Company Ltd
CIN number: U65922TN2010PLC076972
IRDAI COR No: CA0492

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