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Deed

What is a Deed?

• A deed is a signed legal document that transfers ownership of


an asset to a new owner. Deeds are most commonly used to
transfer ownership of property or vehicles between two
parties.
• The purpose of a deed is to transfer a title, the legal
ownership of a property or asset, from one person or
company to another.
Understanding a Deed

• A deed is a binding document in a court of law only after it is


filed in the public record by a local government official who is
tasked with maintaining documents. The signing of a deed
must be notarized. Some states also require witnesses.
• If a deed is not written, notarized, and entered into the public
record, it may be referred to as an imperfect deed. The
document and the transfer of title are valid, but the related
paperwork may need to be on file with the register of deeds
to avoid a delay if there is a legal challenge.
Types of Deeds

• There are many different types of deeds, each of which serves a


different purpose. They are generally categorized in the following
ways:
• 1. A grant deed contains two guarantees: that the asset has not
been sold to someone else and that it is not burdened by any
encumbrances (claim against property) that have not been
disclosed, such as outstanding mortgages. That is, the deed is "free
and clear" of defects. Grant deeds do not necessarily need to be
recorded or notarized, but it is generally in the best interests of the
grantee to ensure that this is done.
Cont…
• 2. A warranty deed, sometimes called a special warranty deed,
declares that the grantor has not caused any title defect while owning the
property. It provides the greatest amount of protection to its holder. A
warranty deed offers the same guarantees as a grant deed plus a promise
that the grantor will warrant and defend the title against any claims.
• 3. A quitclaim deed releases a person's interest in an asset without
stating the nature of their interest or rights. The grantor could be a legal
owner or not, and makes no promises. Quitclaims are often used in
divorce settlements and in transfers of property between family members.
Deed Limitations

• A transfer of ownership can get muddled even when a


perfected deed has been filed. There could be a cloud on title
for a variety of reasons. False deeds or deeds that contain
errors can be filed that require clearing up with the record
keepers.
• There also can be probate issues. For example, if the owner of
a property passes away without defining in a will who should
gain control of some property, the heirs might challenge one
another in court for the property title.
Sale Deed:
This DEED OF ABSOLUTE SALE executed at on this the day of, …………….. 2004 by Mr. XY s/o ABC residing at ……………………
Hereinafter called the VENDOR of the one part which expression shall include his executors, administrators, legal
representatives, successors etc.
TO AND IN FAVOUR OF _________ w/o _____________ residing at………………………..
Hereinafter called the PURCHASER of the Other Part which expression wherever the context so requires shall mean and
include his heirs, executors, administrators, legal representatives, successors etc.
WHEREAS the VENDOR herein has purchased the said property more fully described in the Schedule hereunder from
Thur.________in and by sale deed dated ___and registered on ____as Document No.____of (year) of Book 1 volume
No,___filed at pages to____on the file of the Sub Registrar of………

WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the property more fully described in the
Schedule hereunder with a constructed house thereon,which was constructed by him with his self-earned funds, till date
WHEREAS the VENDOR___ is the exclusive owner of the property more fully described in the schedule hereunder and he
has absolute right to dispose of the same as in the manner he wishes;
AND WHEREAS the VENDOR is in need of funds in order to meet his personal commitments and family expenses and has
decided to sell the property more fully described in the Schedule hereunder for a sum of Rs _____/- (Rupees only) and the
PURCHASER herein has also agreed to purchase the same for the said price and to the effect they entered into an
agreement to sell dated.
Samples: In word document

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