• Do we need to explicitly mention about title transfer in sale deed

Hi All, Recently i purchased a vacant site in a private layout in Bangalore and registration is done, i having a doubt on the below statement in the sale deed can you please help me.


Statement from registered sale deed :-
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Thus, the payment of entire sale consideration of Rs.1,00,00,000/- (Rupees One Crore Only) has been received by the SELLERS, and the SELLERS hereby grants/transfers by way of sale to the PURCHASER the Schedule Property with all rights, privileges, interest whatsoever to the Schedule Property as the absolute owner, as normally be conveyed under the sale.

> Do we need to add "title" also along with the statement ( all right,privileges, interest whatsoever to the schedule property) in the above statement.


1) Can Sellers have valid title over the schedule property after the registration because of the word "title" transfer missing ?
2) Can Sellers challenge me in court telling title transfer is not done ?
3) Can Sellers sell the property again to different purchaser saying tile is not transferred ?
4) Is rectification mandatory for this missing word "title" ?
5) If it is not rectified will it be a problem for me?
Asked 20 days ago in Property Law
Religion: Hindu

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12 Answers

1. It clearly states 'transfer', which means the transfer of property by sale. There's no necessity to mention transfer of title.

2. No

3. No

4. No, not necessary.

5. No

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

You need to mention title in sale  deed 

 

2) deed of rectification is advisable 

 

3) sellers cannot sell property to other purchasers 

 

4) seller have no right on the property once registered sale deed is done 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

1.  Sellers will not have any title over the schedule property after registration of the property in your favour, in the jurisdictional Sub Registrar's Office,  even though the word "title" transfer missing in the sale deed.

2.  Even if the sellers' challenge on account of this, finally you would win.  

3.  Based on not mentioning " title" transfer in the sale deed, the sellers' can't sell the property again to a different purchaser.

4.  Rectification Deed is not necessary in the instant case.

5.  There will be no problem for you if the Rectification Deed is not carried out.

 

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

It’s not necessarily through express averment you can make such averment in your agreement which mentions consideration amount under which it is transferred 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

In legal terms, "title" generally refers to ownership rights over the property. The statement you provided seems to cover the transfer of all rights, privileges, and interests to the property, which would typically include the title. However, if you want to ensure clarity and completeness in the language of the sale deed, you might consider explicitly mentioning the transfer of title as well. Adding a phrase like "including full and clear title" or "along with the complete title" after the clause about transferring rights, privileges, and interests can reinforce that the title is indeed being transferred to you as the purchaser. This additional clarification could help avoid any ambiguity or future misunderstandings regarding the transfer of ownership.

 

In Indian real estate law, the absence of the specific word "title" in the sale deed doesn't necessarily invalidate the transfer of title from the sellers to the purchaser. The clause you provided is quite comprehensive in stating that the sellers are transferring all rights, privileges, and interests in the property to the purchaser. Courts in India have recognized and upheld the transfer of title even in cases where the word "title" itself might not be explicitly mentioned in the sale deed. As long as the language used in the deed clearly demonstrates the intention of transferring ownership, the absence of the word "title" might not pose a significant legal issue.

 

If the sale deed has been properly executed, registered, and all legal requirements have been met, the sellers should not be able to sell the property to another purchaser claiming that the title has not been transferred to you. Once a property has been legally sold and the transfer is registered, the title should pass to the new purchaser (you, in this case). However, in rare cases, fraudulent sellers might attempt to resell the same property to multiple buyers or create disputes regarding the title. To prevent such situations, it's crucial to ensure that the sale deed is duly registered with the appropriate authorities, and you have possession of all the legal documents proving your ownership of the property. To safeguard your interests, make sure the sale deed is registered with the Sub-Registrar's office in Bangalore and you have Kept all original documents, including the sale deed and any other relevant papers, safely in your possession.

 

In the context of the missing word "title" in the sale deed, rectification may not be mandatory if the deed clearly conveys the transfer of all rights, privileges, and interests in the property. The absence of the word "title" itself might not necessarily render the sale deed invalid or incomplete if the language used otherwise effectively conveys the intent to transfer ownership. However, if there's concern about potential ambiguity or if you seek to strengthen the legal clarity of the deed, you might consider a rectification deed. This legal document can be used to clarify or modify the terms of the original sale deed. A rectification deed can explicitly state the transfer of "title" to eliminate any ambiguity and ensure the completeness of the document. Nevertheless, as mentioned above, the absence of the specific word "title" in the sale deed might not necessarily cause a problem for you if the deed clearly outlines the transfer of all rights, privileges, and interests in the property.

 

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

1. Yes , purchaser has valid title 

2. No

3. No

4. Not necessary , as the transfer of property has taken place after the registration of the sale deed in your favour. 

5. No. 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

Seller should hand original documents of title to purchaser 

 

2) transfer is clear 


Seller should hand original documents of title to purchaser 

 

2) transfer is clear 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

1.  The Sellers ought to have handed over all the original documents of title pertaining to the Schedule Property to the Purchaser on/at the time of registration in his favour.  (Point 5).

2.  Yes, the transfer of the Schedule Property conveyed is clear.

3.   There's no need for registered Rectification Deed in the instant case.  However obtain the original documents of the title from the Sellers' , if it's not yet been received.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

1. The covenants in the sale deed is clear that the vendor transfers all the relevant title chain documents in favor of the buyer.

2. The transfer of rights and interests in the property by executing a registered sale deed clearly indicates that the title to the property has been transferred unto the buyer by the vendor.

3. Rectification deed is not necessary

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

1. The given clause from 1 to 4 are not for the title transfer ,and it is related to the ownership of seller and the property

2. That the Vendor has now been left with no right, title or interest in any manner of any kind in respect of the said property under sale i.e. property bearing No. xxxxxxxx , which has been sold, transferred, conveyed, assigned together with all rights, titles, powers, interests, authorities of ownership of the said property under Sale by the Vendor unto the Vendee by way of this Sale Deed.

- The sale deed must having such clause , which clearly mention that after selling the property to the purchaser , the Seller and his legal heirs have not right over the said property.  

3. You should peruse the clauses given in the sale deed , and then decide for the rectification 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

Yes it’s fine if you need any special assistance in particular area you can seek advice 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Dear Client,


1. The statements provided in the sale deed appear comprehensive and encompass various critical aspects of the property transaction, including the acknowledgment of payment, the transfer of ownership with detailed assurances from the sellers regarding the marketable title, absence of encumbrances, peaceful possession, absence of conflicting agreements, tax payments, and the delivery of title deeds to the purchaser. 

2. The language used in the sale deed appears to convey the transfer of the property quite explicitly. The deed states that the sellers grant/transfers the property to the purchaser with "all rights, privileges, interest whatsoever to the Schedule Property as the absolute owners, as normally be conveyed under the sale. Additionally, the deed includes covenants wherein the sellers affirm that they have good and marketable title to the property, that they have been in peaceful possession since acquisition, and that they haven't entered into conflicting agreements regarding the property. These affirmations support the clarity of the property transfer.

3. The statements in the sale deed seem comprehensive and cover various essential aspects of the property transaction, affirming the transfer of ownership, payment acknowledgment, and assurances regarding the sellers' title and possession. One potential clarification could involve explicitly mentioning the term "title" within the section where the sellers grant/transfers the property to the purchaser. It is not necessarily needed but you can ensure that as a rectification.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

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