Affidavit Of Title for India

Affidavit Of Title Template for India

An Affidavit of Title is a sworn legal document widely used in the Indian legal system, particularly in property transactions and legal proceedings. It serves as a formal declaration under oath where the property owner (deponent) affirms their legitimate ownership rights, the absence of encumbrances, and compliance with relevant property laws. This document, governed by Indian property and affidavit laws, including the Indian Oaths Act, 1969, plays a crucial role in property transfers, mortgage applications, and legal disputes. It requires proper execution before a notary public or authorized official and must comply with state-specific stamp duty requirements.

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What is a Affidavit Of Title?

The Affidavit of Title is a fundamental legal instrument in Indian property law, used to establish clear property ownership and protect parties in property transactions. This sworn statement is typically required during property sales, mortgage applications, or when proving ownership in legal proceedings. The document must comply with the Indian Oaths Act, 1969, and relevant state property laws. It contains detailed declarations about property ownership, encumbrances, tax compliance, and possession status. The affidavit must be executed before a notary public or authorized official and requires proper stamping as per state regulations. Its importance lies in providing legal protection to buyers, lenders, and other stakeholders by documenting the owner's sworn statements about the property's legal status.

What sections should be included in a Affidavit Of Title?

1. Title and Introduction: States that this is an Affidavit of Title, identifies the deponent with full name, age, and address

2. Verification and Oath: Statement confirming that the deponent is competent to swear the affidavit and that contents are true

3. Property Description: Detailed description of the property including address, boundaries, and registration details

4. Title Declaration: Clear statement of ownership, including how and when the property was acquired

5. Clean Title Statement: Declaration that the title is free from encumbrances, liens, or disputes

6. Tax Compliance: Statement regarding payment of property taxes and other municipal dues

7. Possession Statement: Declaration about current possession and occupancy status

8. Closing Declaration: Final statement affirming all declarations are true and correct

9. Execution: Place for signature, date, and notary attestation

What sections are optional to include in a Affidavit Of Title?

1. Previous Ownership History: Details of previous owners and chain of title, used when there's a complex ownership history

2. Pending Litigation: Statement about any ongoing legal proceedings, included if there are or have been recent disputes

3. Mortgage Statement: Details of any existing mortgage or loans, included if the property is mortgaged

4. Development Permissions: Information about building permits and compliance, needed for developed properties

5. Family Settlement Details: Information about family arrangements or inheritances, included if property was acquired through family settlement

What schedules should be included in a Affidavit Of Title?

1. Property Documents: List of all property ownership documents and their details

2. Tax Receipts: Copies of recent property tax payment receipts

3. Identity Proof: Copies of deponent's identity documents

4. Title Search Report: Summary of title search results if available

5. Property Survey Plan: Detailed survey plan or property measurements if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Banking

Legal Services

Construction

Property Development

Mortgage Lending

Infrastructure

Urban Development

Commercial Property Management

Residential Property Management

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Documentation

Risk Management

Operations

Administrative Services

Relevant Roles

Property Lawyer

Real Estate Attorney

Legal Counsel

Property Manager

Real Estate Agent

Title Officer

Mortgage Officer

Legal Documentation Specialist

Property Acquisition Manager

Compliance Officer

Real Estate Transaction Manager

Legal Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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