Property Transfer Affidavit for India

Property Transfer Affidavit Template for India

A Property Transfer Affidavit is a sworn legal document used in India to formally declare and confirm the transfer of property ownership from one party to another. This document, governed by Indian property law including the Transfer of Property Act 1882 and various state-specific regulations, serves as an official declaration of property ownership transfer, detailing the property specifications, ownership history, and confirming the absence of any legal impediments to the transfer. The affidavit must be executed before a Notary Public or appropriate judicial authority and requires proper stamping as per the applicable Indian Stamp Act.

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What is a Property Transfer Affidavit?

A Property Transfer Affidavit is a crucial document in Indian property transactions, required when transferring ownership rights from one party to another. This sworn statement, executed under the provisions of the Transfer of Property Act 1882 and relevant state laws, serves multiple purposes including declaring clear title, confirming payment details, and asserting the absence of any encumbrances or legal disputes. The document is particularly important in situations involving property registration, mutation of records, or when dealing with government authorities. It must include specific details about the property, parties involved, and transaction terms, and requires proper notarization and stamping as per local regulations. The affidavit forms part of the chain of property ownership documents and may be required by various authorities, banks, or during future property transactions.

What sections should be included in a Property Transfer Affidavit?

1. Identification of Deponent: Details of the person making the affidavit including name, age, occupation, and complete address

2. Property Details: Comprehensive description of the property including address, boundaries, measurements, and registration details

3. Title Declaration: Declaration of legal ownership and right to transfer the property

4. Encumbrance Statement: Declaration regarding any existing loans, mortgages, or other encumbrances on the property

5. Transfer Details: Information about the transfer including consideration amount and method of payment

6. Tax Compliance: Declaration regarding payment of all property taxes and utility bills up to date

7. Verification Clause: Standard verification statement confirming the truth of the contents

8. Notary Attestation: Space for notary's signature, stamp, and registration details

What sections are optional to include in a Property Transfer Affidavit?

1. Power of Attorney: Required when the affidavit is being executed through a power of attorney holder

2. Court Orders: Needed when the property transfer is pursuant to a court order or decree

3. NOC Details: Required when No Objection Certificates from housing society, bank, or other authorities are relevant

4. Ancestral Property Declaration: Required for inherited properties declaring the rights of all legal heirs

5. Agricultural Land Statement: Required when the property is agricultural land, including land use conversion details if applicable

6. Foreign Exchange Declaration: Required when either party is an NRI or foreign national, addressing FEMA compliance

What schedules should be included in a Property Transfer Affidavit?

1. Property Documents: List of all property ownership documents including previous sale deeds, tax receipts, and mutation records

2. Identity Proof: Copies of identity documents of the deponent

3. Tax Receipts: Copies of latest property tax and utility bill payments

4. Property Images: Recent photographs of the property and location map

5. Encumbrance Certificates: Copy of recent encumbrance certificate from relevant authorities

6. Supporting Documents: Any additional documents referenced in the affidavit such as NOCs, court orders, or power of attorney

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

Construction

Banking & Finance

Legal Services

Property Development

Urban Planning

Agriculture (for agricultural land)

Housing & Infrastructure

Public Administration

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Documentation

Land Acquisition

Corporate Affairs

Administration

Risk Management

Operations

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Compliance Officer

Real Estate Agent

Property Developer

Title Officer

Land Acquisition Manager

Real Estate Transaction Manager

Document Controller

Legal Administrator

Property Registration Officer

Notary Public

Municipal Officer

Bank Manager

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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