Ownership of a land generally changes hand through multiple transactions. Hence, when purchasing a property, it is not only important to know the details about the previous land owner but also about all previous owners who can be traced. Any invalid transfer between any two participants involved in the ownership of land could lead to potential problems for the current buyer. Mother Deed, otherwise known as parent document, acts as the main document for proving ownership of the property. It is also important as it acts as the main document based on which the current buyer will be able to sell the area to another buyer in future.
What is Mother Deed/Title Deed?
Mother deed is an important document as it traces the origin of the property. While tracing ownership, one should begin with the earliest ownership recorded. If such an old ownership is not documented, copies of such documents might have to be obtained from registering authorities.
As the property changes hands from one owner to another through various transactions like gift deed, inheritance, etc., these need to be followed through the transfer document. The sequence of transfers should be chronologically ordered. Any missing transaction in the mother deed needs to be fixed or understood by obtaining relevant documents from the registration authorities or through further discussions with the seller. The flow of transactions should be ascertained to the current seller. The right of each intermediary in transfer of property should be checked especially when it includes PoA, etc. One should check whether the PoA assignment was registered or not before the sale or purchase of property through PoA.
Mother document is executed between the original owner of the property and the new buyer. Hence, the study of the mother property helps us realize the actual owner who has the title of the property. Gift deed, will, etc. should not be misunderstood as mother deed.
What details are mentioned in Mother Deed/Title Deed?
Some of the details mentioned in mother deed are listed below:
- Details of owner and seller
- Advance amount paid
- Consideration agreed upon
- Mode of payment
- Time limit for payment of consideration
- Block number
- Ward number
- Door number
- Details on surrounding properties
The mother deed needs to be prepared on a nonjudicial stamp paper of a value defined by Stamp Duty Act of India. The buyer is liable to pay the stamp duty based on the stamp rules. On the completion of formalities, a mother deed will be prepared. The deed is co-signed by both parties involved. All pages of the mother deed should be signed by both the owner, buyer and two additional witnesses.
The registration of Mother Deed is mandatory. This deed needs to be registered at the sub-registrar's office. In case the purchaser is unavailable, a PoA holder can instead be present. A picture of the purchaser along with his/her thumb print and signature are entered in the mother deed.
When should mother deed be registered?
The document should be made available for registration within four months from date of transaction. The concerned parties might have to pay a fine if the property is registered between the fourth and the eighth month. Generally, this fine is paid by the purchaser. The registrar can issue a fine between the registration cost upto 10 times the cost of registration.