In fact mother deed is the most important legal document behind a property sale agreement with the buyer since it reaffirms the proof of ownership.A property owned is always characterized by multiple transactions,and tracing the history of ownership is the most vital exercise to begin with.
What evolves out of this exercise is a series of pertinent conveyance deeds.A thorough scrutiny of the earliest recorded document should obviously be the starting point of such an exercise.Non-availability of the same can always be made good by accessing certified copies available with the registering authorities.Day by day,property dealings are getting increasingly complicated and time-consuming but the exercise never goes a begging,considering the fact that the mother or parent documents go a long way in establishing the strength and authenticity of the property being negotiated.
It is not unusual for a property to change hands through a series of transfer documents like sale,partition,gift and inheritance.Each of the processes should be linked to each other without any hint of a broken chain.Doubts pertaining to any missing link should be thoroughly scrutinized by looking at records in registering offices,revenue records,other documents or even by way of confirmation from the concerned parties.Verification of the right of owners regarding transfer of property at every stage,is of supreme importance.
It should also be kept in mind that the documents like a gift deed,partition deed,release deed,settlement deed and power of attorney do not constitute the mother documents.The foremost duty of the purchaser,prior to the implementation of the property sale deed,is to check the authenticity of the title of the seller,that is,whether he or she is the real owner of the property.This ensures a correct execution of the mother deed between the original owner and the agency selling or transferring it.
A standard mother deed will invariably consist of information about the transacting parties alongwith details of the property like the location,road,house number,block,ward numbers,surrounding parties,consideration of advance amount paid,mode and time limit for payment,indemnity provisions among others.All such information are recorded on a non-judicial stamp paper of a certain value as prescribed by the Stamp Act of the state where the property is located.
The purchaser of the property is bound to ensure payment of stamp duty according to the existing stamp rules.Completion of the same paves the way for preparation of the mother deed which is executed,in due course,by all concerned parties.It should be remembered that all the pages of the deed are required to be signed and invariably witnessed by at least two persons.
Thereafter the deed is required to be registered at the jurisdictional sub-registrar's office in the presence of the concerned parties.It is essential to ensure that the documents presented are in original and in case the purchaser is unable to attend the registration process in person,he or she can hand over the power of attorney to a representative for signing and presentation of all the relevant documents on his or her behalf.Photographs of the purchaser alongwith thumb impressions and signature are entered on the mother deed.
It should also be kept in mind that all the documents for registration should be submitted within a period of 04 months from the execution date.In case compliance is not ensured,a grace period of another 04 months is allowed on payment of penalty,the maximum amount being ten times of the registration charges as decided upon by the registrar.The purchaser of the property is solely responsible for payment of stamp duty as well as the charges pertaining to registration.
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