Deed Review

Understanding Deeds

A deed is an instrument written, signed and handed over by one person, known as the grantor (seller), that transfers ownership of the real property to another person, known as the grantee (buyer). In other words, a deed is a signed legal document that grants the guarantee of certain rights over an object, allowing them to own it.
A deed is any written legal instrument that confirms and transfers an interest, right or property from one person to another. Simply speaking, a deed is a form of legal instrument that consists of a legally binding commitment to accomplish something. The most common application of deeds is to transfer property ownership: movable or immovable, between two parties.

In India, some of the important types of deeds are:

1. Sale Deed
2. Mortgage Deed
3. Lease Deed
4. Gift Deed
5. General Warranty Deed
6. Special Warranty Deed
7. Adoption Deed
8. Quitclaim Deed
9. Trust Deed
10. Fiduciary Deed
11. Grant Deed
12. Court Order Deeds
13. Conveyance Deed
14. Deed of Power of Attorney
15. Relinquishment Deed

Here’s how an advocate typically verifies the Deed:

A sale deed review by an advocate involves the examination of the legal document that transfers ownership of a property from the seller to the buyer. The role of the advocate is to ensure that the sale deed accurately reflects the terms and conditions agreed upon between the parties and that it adheres to all legal requirements and regulations. Here’s how an advocate typically verifies the document:

1. Document Examination: The advocate carefully reviews the entire sale deed, analyzing its content, language, and clauses. They check for any inconsistencies, ambiguities, or potential legal issues.
2. Ownership and Title Verification: The advocate verifies the seller’s legal ownership of the property by examining the title documents, previous sale deeds, and property records. This is to ensure that the seller has the legal right to sell the property.
3. Property Description: The advocate checks whether the description of the property in the sale deed matches the physical boundaries and features of the property. Any discrepancies could lead to legal disputes later.
4. Purchase Price and Payment Terms: The advocate ensures that the purchase price, payment terms, and any additional costs are accurately stated in the sale deed and match the terms agreed upon between the parties.
5. Witnesses and Signatures: The advocate checks whether the sale deed is properly executed with the required signatures of both parties and witnesses. This step is crucial for the document’s legal validity.
6. Stamp Duty and Registration: The advocate confirms that the appropriate stamp duty has been paid and that the sale deed is registered with the relevant authorities as required by law.
7. Legal Advice: Based on their review, the advocate provides legal advice to the buyer about the implications of signing the sale deed. If there are any concerns or issues, the advocate may suggest amendments or renegotiations before finalizing the document.