How is Sale Deed different from Title Deed?
Aadil Saif 19 February 2020While people assume sale deed and title deed to be the same and use it interchangeably, in reality, both the real estate concepts are different. As you enter the real estate world, it is important to understand the actual difference between the legal concepts of sale deed and title deed.
Difference in Form
Property title and property deed are where most people get confused. When you are confused between sale deed and title deed meaning, first knowing the difference in their form can help you understand better. There is no such piece of paper called a title deed. While title deed may sound like a document, it is actually a concept. The title deed actually offers you a bundle of rights to a particular property that is transferred to the buyer by the seller. The different rights included in a title deed are the right of possession, right of enjoyment, right of control, right of exclusion, and right of disposition.
On the other hand, a sale deed is a physical document that includes the legal statement conferring the title to the owner. On reaching an agreement, the buyer and seller prepare for a property transaction to formalize the ownership change process. This is when the sale deed is required. After purchasing a real estate property and completing the registration process, you will receive from the seller in a documentary form that confers you with the title of the particular property.
The Legal Difference of Sale Deed and Title Deed
In legal terms, sale deed and title deed have different meanings. While sale deed refers to an agreement to sell, the title deed is only a statement. A sale deed includes a property deed form, which refers to a legal agreement to sell a specific property to an interested buyer. As at least two parties, including one buyer and one seller, are involved in the property transaction, all the essential details of both parties are included in the sale deed. During the registration of the property, each page of the property deed is signed by the buyer as well as the seller for proper documentation.
On the other hand, the title deed is a statement and not an agreement. The title deed states about the rightful ownership of the buyer over a specific property. It also speaks about the different rights, mortgage obligations, and other obligations of the property owner. It is essential to note that after the registration of a property, the sale deed gets converted into title deed. The registered sale deed acts as proof that you hold the owner of the said property.
While the title deed is the legal right, a sale deed serves as evidence of a property title is transferred from one owner to another. Title deed describes the ultimate property holder, and sale deed represents the owner’s right to make claims over a particular property. Understanding the legal differences can help you understand the deed meaning and title meaning better.
Sale Deed Tracks Down Titles
During the registration of a real estate property, the seller of the property is required to produce all the past records of the said property. On the basis of the past property records, the sale deed is crafted. The chain of documents acts as proof and helps in tracking down the original owner of the property and ensures an effective change of ownership. Ultimately, the sale deed takes the form of title deed and becomes the link in the chain.
A sale deed includes details about the property and ownership, clear titles that are verified by the purchaser, price details, a reference to an agreement to sell, and transfer of interests, rights, claims, and demands of the property. It also includes the release of the property along with a description of privileges, measurements, rights, as well as easements.
Sale deed refers to a document, but title deed refers to a concept
While sale deed refers to a physical document, title deed simply refers to a concept. During the formalization process, based on the terms and conditions, the change of ownership of the property takes place between the seller and the buyer. On the event of ownership transfer, a document is prepared, including all the details of the property-related transaction, which is referred to as sale deed.
As per the Registration Act of 1908, in order to make the property transaction legally valid, registration of the document is important. On being registered, the sale deed becomes a title deed and behaves as legal evidence of the property title being transferred to the name of the property buyer. In this way, a sale deed also becomes a title deed after its registration.
A sale deed is considered to be the main document that transfers the property ownership right to the particular buyer. It confers the title to the property. When the buyer further wants to sell the property, the sale deed document will act as the ownership proof that will enable him to proceed with the selling process.
Knowing what is the meaning of deed and title and having clarity about the difference helps in making successful real estate deals. While most people are confused among the important real estate terms like sale deed and title deed, understanding the actual meaning can help them gain ownership of property successfully. When you are interested in buying or selling real estate properties, understanding the core concepts is essential.
Apart from the sale deed and title deed, you may also find the difference between sale agreement and sale deed. Although most of the concepts sound similar, in reality, each of them is different and has unique meanings. It is essential to understand all such terms to avoid possible confusion. Being a significant investment, real estate property demands adequate focus on every detail of the property deals. Whether you are a buyer or a seller, understanding the closely connected real estate terms helps in navigating you better towards the property buying or selling process. The ability to define deed and title properly proves the clarity of the individual about the different real estate concepts.