Investing in real estate is a great option if you are looking for a great return on investment. Although it may involve locking in a large amount of money. The decision must be based on a thorough verification of the property. It is necessary to know important details like the property size, type, and other details. It is where the deed of declaration comes as a handy document.
Individuals planning to invest in a property should understand the purpose and importance of a deed of declaration in India. It serves as a legally binding agreement between the parties involved.
What is a Deed of Declaration?
A Declaration Deed is a document that differs from other property-related documents such as sales deeds, lease deeds, etc. While a sales deed deals with the transfer of property ownership from one person to another, a Declaration Deed outlines the rights and obligations of property owners and residents. It specifies the limitations on the usage of the property, and all parties must comply with the rules mentioned in the document.
A Deed of Declaration is also called a Deed of Trust and it acts as a declaration of certain rights or restrictions on a property set by the developers or owners. The buyer or those who occupy the property must follow specific rules. The document is usually executed by the developer occupying a certain piece of land and all the constructions thereon.
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Key Provisions in a Declaration Deed
- It consists of the rights and obligations of property owners.
- There is a clear purpose of the property – the land, buildings, or the apartments and property usage limitation (if any).
- Find the builder’s name, construction area, and type of land/building in the deed.
- It also includes the exact number of apartments, exact location, number of rooms, and other information needed for proper identification.
- Details of maintenance and repair obligations are also mentioned in the deed.
- It also describes the status of the land – freehold or leasehold.
- The Declaration of Deed also consists of the layout.
- The way of property valuation is also mentioned in the deed.
- There should be clarity on the consent of every party concerning the property valuation.
- Know the deposit amount contributed by each party.
- Check how the рrорerty sаle proceeds will be sрlit.
- Details of mortgage and the amounts to be repaid are also given in the deed.
In case of a breach of the Deed, the affected party can enforce its provisions. At the time of execution, all the parties involved must be present and sign the deed. In the absence of any party, the deed may be considered fraudulent. All details provided in the deed must be accurate. Consider everything attentively – proper detail of the witnesses, stamp duty.
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A declaration deed is an essential document that holds significant importance both personally and legally. It protects the rights of property owners and provides clarity on the ownership and boundaries of the property. To ensure its effectiveness, it is essential to prepare the deed with utmost care and accuracy, complying with all laws and regulations. Proper execution of the document will reflect the intentions of the parties involved and prevent any future disputes or legal complications.