FAQ

Freehold property are those property, which may be sole in whole are or in part by owner of the property without taking any prior consent from the government authority.

A: Leasehold properties are those properties, which have been allotted by the government authority such as land & Development office/Delhi development authority to the allottees. The property so allotted is on perpetual lease basis and cannot be sold on the basis of a sale deed. Any transfer of the leasehold property requires prior permission from the lessor (Government authorities).

Co-ownership where a property is owned by two or more person and each of the said person is a Co-owner of the property.

Sale deed, release deed, gift deed, exchange deed, will etc. The sub registers of Assurances where the said documents are registered. On registration, the original Document is returned to the person presenting the said document for registration and a duplicate copy returned by the sub registrar of Assurances.

Clear title implies that the borrowers ownership in the property proposed to be mortgaged is absolute and that the creation of mortgage.

Conveyance records the transfer of interest in immovable property. The conveyance of right, interest and title in the immovable property may take place by way of sale deed, gift deed, exchange deed etc.

Deed means a written document.

Power of Attorney is a deed/document wherein the owner of property authorizes some other person to manage, look after and supervise the immovable property and the concerned attorney is vested with the right, authorities and legal capacity to sell and transfer the property. There is need to examine the power of attorney on case-to-case basis.

Conveyance and sale deed essentially have no difference as in both the documents, the right, interest and title of the previous owner is transferred to the purchaser. Ordinarily any conveyance deed is executed, generally by the government agencies, for example, DDA, L&DO, HUDA etc, and the sale deed is executed where the seller and the purchaser are individual/firms/companies other than government companies.

No. allotted to the land divided in portions in non-urban area at the land preceding revenue survey or subsequently recognized as such by the collector. Survey No . is also known as Khasara No.

A business enterprise entered into for profit which is owned by more than one person, each of whom is a “partner”. A partnership may be created by a formal written agreement, but may be based on an oral agreement or just a handshake. Each partner invests a certain amount (money, assets and/ or effort) which establishes an agreed-upon percentage of ownership is responsible even though another partner created the debt or entered into the contract, has a share in management decisions, and shares in profits and losses according to the percentage of the total investment.

Revenue map maintained by Patwari depicting survey number of the land village-wise.

Register for persons cultivating or otherwise occupying land and type of tenure.

Denotes proprietary land or the land revenue assessed on that land.

Official of the State Governments for the custody and maintenance of land records. In Uttar Pradesh, Patwari is callad ‘Lekhpal’.

Account book or day book recording holding by a tenant.

Field book in which Patwari enters from time to time all changes in boundary, etc. of the land. It is a field book of survey and contains names of Iandholders with the survey numbers of their holdings.

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It is also called Kistabndi or Khatoni It is a register maintained in the prescribed form showing the quantity of land held by each cultivator. It is a record of rights maintained by Patwari with names of Iandlords, occupancy tenants and Government lessee together with survey numbers or plot numbers held by them and their area, classification as irrigated or unirrigated with nature and extent of the respective interest of such persons and such persons and the conditions or liabilities if any respective interest of such persons and the conditions or liabilities if any  attaching thereto, the rent or land revenue, if any , payable by such person, and particulars as may be prescribed.

This deed is executed by the Lessor i.e government agencies, for example, DDA,L&DO, Ghaziabad Development Authority, NOIDA and Greater NOIDA in favour of the Lessee, whereby land owned by the Lessor is given on lease to the lessee. In these cases the First/Primary charge is of the Lessor.

This deed is executed by the Lessor alongwith a registered co-operative Society in favour of the allottee i.e Sub-lessee.This deed is also referred to as a Tripartite Lease Deed as there are three parties to the deed.

This deed is executed on sudsequent transfer of leasehold property after execution of lease deed / sub-lease deed.

Relinquishment/release is one of the modes of transfer of property. By way of relinquishment deed, one or more joint owners can give up/relinquish/releas his/their share in a immovable property to one or more joint owners.

By this deed the owner of property transfers the property by way of gift. Parties to the deed are referred to as the Donor and Donee, respectively.

This deed is executed when a property is exchanged in lieu of another property having approximately the same area and market value.

This deed is executed in case of mortgage of agricultural properties on payment of stamp duty @ 2% of the loan amount sanctioned. Mortgage deed is also executed in those cases where equitable mortgage is not possible as original title documents in respect of the property are not available/cannot be submitted with the bank / financial institution. Registered mortgage is created on the basis of a Mortgage Deed.

This deed is executed by the bank/financial institution in favour of the borrower on repayment of the entire loan amount by the borrower . By this deed the ownership of property previously mortgaged with the bank/financial institution is re-conveyed back to the borrower/owner.

Under this agreement, the owner of the property and the builder record their terms and conditions connected with the development of the property. Generally, this agreement records the respective share of the builder and the owner in the property.

The plans sanctioned by the concerned corporation - for example, in Delhi, it is Municipal Corporation of Delhi, which approves the building plans in respect of the properties falling under its jurisdiction.

This certificate is issued by the concerned Municipal Corporation, after the construction of the building is constructed as per the building plan and the building is ready for occupation.

In all cooperative societies, the members are issued share certificate, which is one of the basic title documents of the said member.

When a property changes hands say from A to B i.e. where A is selling the property to B, B  need to obtain the documents of title pertaining to the property , which ought to be in the custody of ‘’ A ‘’.

If any amount is paid by way of consideration in a document of conveyance, the seller is supposed to execute a receipt pertaining to the payment made to the seller by the buyer form time to time. Similarly, the society also issues receipt to the allottees in respect of the payments made for the purchase of the property from time to time.

Again the builder also issue receipts towards payment made by allottees from time to time, which are generally referred to as original stamped receipts.

Mutation is a process by which the corporation records the name of the owner who is liable to pay the property tax in their records. Mutation made by the corporation is not to be construed as an ownership document. 

The mutation which is made by the government authorities who have allotted the property on leasehold basis i.e. Delhi Development Authority , Land & Development Office etc.,  in the name of the legal heirs of the allottee or on the basis of some court decree is another example of mutation. This type of mutation records the change in ownership.

Permission to mortgage the property in favour of bank /financial institution is required in case of all leasehold properties by the Lessor i.e the concerned government authority i.e. NOIDA, Greater Noida, Delhi Development Authority, L&DO, Ghaziabad Development Authority etc. as the case may be. However, this properties is also required from HUDA in case of freehold properties owned by HUDA.

Probate is granted by a Court of Law in respect of a Will made by the deceased person. Grant of probate establishes the authenticity of the Will.

This certificate is issued by a court of Law i.e High Court/District Court which establishes the ownership of the legal heirs on the demise of the owner of the property, who has died intestate i.e without making a Will.

Issued by NOIDA, Greater NOIDA and HUDA whereby permission is granted to the present Lessee to transfer / sell the property further.

Arranging the fragmented holdings of land in a unit making the holdings more compact.

Agricultural year beginning every July and ending on 30 June.

Mutation,  recording change in ownership of land due to transfer by registered deed, inheritance, survivorship, bequest or lease, in the records of rights register of Landholders as sanctioned by the revenue officer under his order or decision on a particular date.

A business owned by one person, as distinguished from a partnership or corporation.

“Company” means a company formed and registered under the Companies Act 1913.(Section - 2, Clause-2).

A company which (I) by its articles (a) restricts the rights to transfer its shares; and (b) limits the number of its members (exclusive of persons who are in the employ of the company) to fifty; and (c) prohibits any invitation to the public to subscribe for any shares or debentures of the company; and (II) continues to observe such restrictions, limitations and prohibitions. Provided that where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this definition, be considered as a single member, Companies Act 1913.(Section-2,Clause-13)

A company whose capital consists of share publicly subscribed.

A Company the liability of the members of which for the debts of the company is limited by statute.

An Agreement for transfer of immovable property.

Also referred to as “Mutation” I.e. change of name in the records whether revenue or municipal.

“Notary“ means a person appointed as such under The Notaries Act, 1952. Functions of notaries are defined under Section 8 of the Act,  which among others include verification, authentication, certification or attestation of the execution of any instrument.

“Instrument” includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recor ded. Indian Stamp Act, Section 2 (14)

“Liability” is responsibility; the state of one who is bound in law and justice to do something or to refrain from doing something.

The statutory rules of inheritance of a dead person’s estate when the property is not given by the term of a Will, as governed by the Indian Succesion Act.

Signifies an act of the legislature; law established by the act of the legislative power. The written will of the legislature which constitutes the law of the country.

Equitable mortgage is created by deposit of title deeds of immovable property.

(Section 58 (f) of the Transfer of the Property Act 1822)

Duty i.e revenue payable to the government under the India Stamp Act, in the form of Stamp Papers.

Certain rules, orders, regulations (as distinguished from the general law of the country) which a corporation has a power to make and which is usually exercised to regulate its own actions and concerns, and the rights and duties of its members amongst themselves. 

Dispute/s referred to a Court of Law. 

A document /  Deed whereby a previously executed document is cancelled. By virtue of the Cancellation Deed the previous document ceases to have any effect in law.

Ikrarnama

Muktiaarnama Aam

Muktiaarnama Khas

Hastantaran Vilekh

Vikray Vilekh or Bayanama

Shuddhi Patra

Daan Patra

Patta

Wasihat

Vibhajan Vilekh

Adhikar Parivartan Prapatr

Kabja Praman Patra

Aavantan

Dastbardari