What is mother deed in the context of property investment in India?

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oi-Sunil

By Sunil Fernandes

Published: Monday, August 18, 2014, 11:12 [IST]

Every transaction in property would go through a history of land ownership, change in apartment ownership and other detailed records that are recoded in various government agencies. This detailed record is reflected in the mother deed and is often sought by buyers of property like land, independent houses and apartments in India. It traces the history from the first to the very last owner.

Here's an example

Let's say person A bought a piece of land in 1950 and the same was recorded in the local panchayat records. Now, say A sold it to B and B to C and C to D. By 2014, there would change in ownership of the records several times. All these transactions would be recorded in the Mother Deed.

In fact, if a person who had purchased dies, than the transfer to legal heir, division in the piece of property would all be recorded in the Mother Deed.

What is the significance of the Mother Deed?

By now it's clear that this along with the present title deed would be the single most important document for the purpose of buying and selling a property. The mother deed would consist of a host of information including the following:

1) Location of the property.

2) Size of the property in sq feet or meters or acres and guntas.

3) The boundaries of the property, covered on the west by ..., covered on the east, south and north by...

4) Consideration agreed upon at various stages of the property transaction.

5) Details in case there is an indemnity agreement between the parties.

6) Details of the road, ward number, door number etc., of the property.

Significance of the Mother Deed

As mentioned earlier, this is one of the most significant documents that form part of the documents that one needs to inspect before buying a property. Most of the time a layman would not be able to understand the details and the legal aspects pertaining to the Mother Deed. It is therefore advised to seek help, particularly from a lawyer to understand the various transactions that have taken place in the past.

In case there has been a transaction that has a missing link in the Mother Deed, you need to quickly initiate an inquiry into the same. The ownership details from the start to the end should be traced to the present day owner and details compared with the present title deed.

Conclusion

The Mother Deed forms the single most important piece of document in the transaction. You must examine the same carefully before undertaking any transaction whatsoever. Do not forget to seek legal advise should you not be able to understand a few things.

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