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Sunday 28 December 2014

DEED OF CONVENANT FOR PRODUCTION OF TITLE DEEDS

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The transfer of immovable property by manner of sales, gift, will, releases etc. presupposes that documents to the title of transferred immoveable property square measure delivered to the transferee on completion of method. This is statutory obligation. Section No. 55(3) of Transfer of Property Act, casts this responsibility on the vendor. However the section encompasses a precondition that just in case wherever solely a region of the property is sold and also the marketer retains a region of the property the vendor is entitled to retain the first documents, and copies of such documents square measure delivered to the customer. 

In case, wherever the property is transferred to completely different persons, in several heaps, the transferee of greatest portion is entitled to carry the documents of title are supplied with copies of such documents. 

In the circumstances dealt on top of, the persons holding the documents either the vendor or one who hold the best portion has some responsibilities. He must keep the documents in safe custody and in physical fitness. He must create accessible the documents for scrutiny to alternative consumers, and conjointly furnish actuality copies of such documents; extract from such documents, whenever needed. But the price must be met by the client who desires such scrutiny or copies, extracts. Those responsibilities are needed to be recorded properly. 

The document, that records such obligations of safe keeping the documents; manufacturing them for scrutiny, providing copies, extracts is named "Deed of convenant for production of documents." The deed of transfer like sale, gift, will, and unharness could contain such a convenant by the seller in favor of customer or a separate deed can also be dead by the seller in favor of customer. 


In case of the person holding greatest portion, a separate convenant deed concerning his obligations becomes necessary. A separate deed in favor of every of alternative transferee of alternative parts or a standard deed in favor of all alternative transferees together is also executed. Within the deed of transfer of the best portion or of highest worth a precise convenant, that, the transferee shall safe keep the documents in physical fitness, manufacture for scrutiny of alternative transferee and furnish true copies or extract ought to be enclosed. Similar relevant convenant ought to even be incorporated in deed of transfer of alternative transferees. 

Generally all the parts of the property aren't transferred at a similar time, and also the on top of instructed procedure might not be potential. In such cases, the transferer ought to provides a convenant of production of documents in every of the deeds of transfer and it ought to additional give that if and once the transferer hands over the documents to the other transferee at a later date he would procure an analogous condition from the such transferee.

Under a convenant of production of document, the first convenantor remains liable indefinitely unless a condition provides that he's no more established once he elements with the remaining portion of the property. 

Flats are made ashore and are sold to completely different purchasers. However the first title deeds for the complete land are going to be only 1 and can't be to every and each customer. Every customer can get original sale deed that is executed in his name and registered. He can get copies of alternative original documents and not originals. The first title deeds of the land are going to be within the custody.

Flat house owners Association:The association has the responsibility of maintaining them safely and makes accessible the documents for scrutiny by the house owners and to produce copies, extracts the promoters or builder shall incorporate such clause in individual sale deeds. The articles of the flat house owners association shall contain the clauses about safe custody, inspection.

Stamp duty: In case the condition is enclosed within the deed transfer itself, no separate taxation is due . If a separate deed is dead, it attracts the taxation as that of an agreement relying upon the taxation prescribed by the state. 

Registration: This deed of convenant doesn't need the registration, however it's well to induce it registered.


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