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Maharashtra to Relax Land Fragmentation Law, Subdivided Plots to be LegalisedSupreme Court: Only a Registered Sale Deed Transfers Property Title
The Supreme Court of India has once again made it clear — ownership of a property passes only through a registered sale deed. Documents like General Power of Attorney (GPA), Agreement to Sell, or even an unproven Will cannot confer ownership rights.
Why GPA, Agreement to Sell, or Will Do Not Confer Ownership
- Agreement to Sell – It is only a promise of a future sale. Under Section 54 of the Transfer of Property Act, it does not itself transfer ownership rights.
- General Power of Attorney (GPA) – A GPA cannot transfer title of the property. Even an irrevocable GPA is not enough.
- Will – A Will, even if registered, must be strictly proved under the Succession Act and Evidence Act. Unless the execution and witnesses are verified, the Will cannot stand as proof of ownership.
The Supreme Court held that only a registered sale deed executed between parties and duly stamped and registered can convey title to immovable property. All other documents may support a transaction, but they do not amount to ownership.
Why This Ruling Matters
This judgment is significant for buyers, sellers, and investors in real estate:
- Clarity – There can be no confusion: ownership passes only through a registered sale deed.
- Caution – Buyers must be careful and not rely on GPA, Will, or Agreements to Sell while purchasing property.
- Legal Safety – A properly stamped and registered sale deed is the only way to avoid disputes in the future.
Land transactions can be a labyrinth of confusing terms, especially when checking records online. In this simplified guide, Genuine Plots unravels key terms, empowering you to make informed decisions and ensuring smooth navigation through the world of land transactions. Let's embark on this journey together, where understanding land records becomes as easy as a walk in the park.
Jamabandi
- Jamabandi serves as the Records of Rights (RoR), providing intricate details about land ownership, including information about owners and cultivators.
Nakal
- Nakal is a document that encapsulates all essential information about a piece of land, covering ownership patterns, revenues, and other pertinent details.
Khata
- Khata is a crucial revenue document that assesses a property's size, location, and build-up area. It also pinpoints the individual responsible for property tax payments.
Khasra or DAG Number
- Often referred to as DAG number, Khasra is a unique identifier assigned to a land parcel in a village. In urban areas, it corresponds to the survey number.
Khewat
- Khewat is a number assigned to landowners who collectively own a piece of land. Think of it as an account number granted to various owners of the same parcel.
Mauza
- Mauza is the term used to refer to a village, a significant geographical unit in land records.
Bainama
- Bainama is synonymous with a sale deed, providing a comprehensive transaction record.
Khatauni
- Khatauni acts as a comprehensive account book, detailing all landholdings and their respective landowners.
Patta
- Patta is a record of rights, a document that unveils the name of the legal owner of a piece of land property.
Khudkasht
- This document signifies that the land is cultivated by its owners, not external cultivators.
Embarking on a land transaction journey can be daunting, but armed with these simplified explanations, you'll be better equipped to decode the complexities of land records.
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