A mother deed, also known as a master deed or a parent deed, is a fundamental document that plays a vital role in real estate. It is a legal document for any property imprinted with some significant details that every buyer or homeowner needs to be aware of.
Understanding the implications associated with a mother deed helps property owners make informed decisions during property transactions. Let’s delve into the article to discuss its key aspects.
What is Mother Deed?
A mother deed is a primary legal document that establishes real estate property ownership and provides a comprehensive description of the property. It is crucial for all future transactions. This document outlines significant property information such as easements, property boundaries, restrictions, and the rights and responsibilities of the owners.
With this parent deed, you can also trace the historical chain of ownership. It acts as a valuable reference point, providing clarity for all parties involved.
Why is a Mother Deed Needed?
A mother deed is a crucial document essential for any property. It states clearly the:
Ownership: A mother deed is a primary source of evidence for property ownership, ensuring clarity for both the buyers and sellers. It helps track the historical chain of transactions and transfers of ownership.
Mitigating Legal Risks: Missing inevitable real estate documents poses legal risks, including encroachments, the possibility of title disputes, and undisclosed liabilities. By inspecting the mother deed, property buyers can identify the legal status before finalising the transaction.
Title Clarity: It is important to document the legal status and property’s ownership history. The mother deed, on the other hand, helps ensure the title clarity. A thorough examination of the parent deed allows buyers to uncover any irregularities associated with the property.
Facilitate the Property Transactions: Whether it is buying, selling, mortgaging, or leasing, you need a mother deed to streamline the process. It clarifies the transaction with a comprehensive record of ownership and encumbrances. It provides confidence to both parties and ensures smooth transactions.
Key Components of the Mother Deed
Mother deed includes some significant key aspects that are listed in the following:
Ownership Details: The record of ownership mentioned over the mother deed is a fundamental aspect of any property. It uncovers the original property owner and how that has changed through inheritance, gift deeds, or sale deeds. Each transaction of a property is laid on the foundation created by the mother deed.
Property Description: A mother deed includes crucial information about the property, such as measurements, precise location, and boundaries. It is essential to understand where the property exactly starts and ends. Additionally, a mother deed also helps you figure out the chain of titles.
Legal Provisions: The foundation of a mother deed contains specific legal conditions or provisions established by the original owner or governing authorities. These stipulations could include building regulations, land use restrictions, or zoning laws, which may help during the future development of the property.
Liabilities and Encumbrances: In addition to the property ownership history, the mother deed may also contain any encumbrances and liabilities such as legal restrictions, mortgages, or easements. Addressing these conditions is essential to obtaining a clean title and facilitating trouble-free property transactions.
How to Obtain a Mother Deed?
Here are the ways that can help you to obtain a mother deed:
Determine the Current Owner: Identify the current property owner for which you require a mother deed. Probably, you can get this information through property tax records, public records, or at the local land registry office.
Understand Property History: By conducting research, you can get to know the history of ownership and transactions made relevant to the property. It allows you to track the information, such as conveyance documents, past deeds, or other relevant records, to determine the chain of historical ownership.
Contact the Seller: Sometimes, a property has changed hands multiple times. To get copies of relevant documents, you can contact the previous owner or seller. With that, you have an opportunity to obtain the property’s history and previous transactions.
Identify the Original Deed: A mother deed is a bedrock for determining the initial ownership of the property. If you are unable to locate the original document, you can try through historical records, archives, or consult with professionals.
Approach the Land Registry Office: The registry office maintains the history of land records, including the titles and deeds. Visit your region’s registry office to request a mother deed or relevant documents related to the property. To facilitate the search, you need to provide specified details, such as the owner’s name, property address, and parcel number.
Verify the Documents: Once you receive the mother deed and relevant documents, review them carefully to ensure their accuracy. Pay close attention to the details, such as encumbrances, property description, ownership history, and other related information.
How to Get the Mother Deed Online
As mentioned earlier, a mother deed is a legal document used to establish property ownership. Let’s go through the simple steps to get the document online:
Search for Online Services: Visit the official website to access property records and obtain documents such as a mother deed.
Log in or Register: Once you find the online services, log in using existing credentials or create a new account on the website.
Fill up the Required Details: After logging in, you will be navigated to the section of submitting an online request for a mother deed. Following that, you need to submit the required details, such as property and transaction.
Pay Fees Online: You need to pay a processing fee for the document request using the mentioned online payment gateways.
Download the Document: Once the payment is done successfully, your request for mother deed is processed. You can either download the document directly from the website or receive your email or poster mail.
Verify the Document: If you receive the document, verify that it contains the property details for which you have applied and is properly certified by the authority.
How to Get the Mother Deed Offline
Identify the Responsible Authority: Identify the appropriate government authority maintaining the property records and providing mother deeds in your region. It may be the registrar of deeds, local land registry office, or sub-registrar’s office in your region.
Visit the Relevant Person: Approach the relevant person in the office during working hours. Be prepared to provide them with essential property details such as the survey number, the owner’s name, or its address.
Submit your Request: Ask the reception table to submit the formal application form. Fill in the required fields with appropriate property details and transactions.
Verify and Processing: A concerned person in the office will inquire about the details and process your request. They will conduct research and locate the mother’s deed with relevant documents.
Processing Fee: The charges may include document copying, search, and certification. Pay the fees charged and obtain the mother deed for the property you have requested.
Verify the Details: Once you receive the mother deed, verify it contains accurate information about the property before leaving the office.
The Registration Process for a Mother Deed
Here are the steps involved in processing the mother deed:
Document Preparation: Before going for registration, ensure that you have a mother deed with associated documents. They should be properly executed and stamped with authority. The mother deed of your property is specified with accurate details, including parties involved, consideration amount, and other related information.
Visit the Sub-Registrar’s Office or Local Land Registry: If the mother deed is ready, you can visit the local land registry or sub-registrar’s office for property transactions. You may need a physical appointment or to follow certain procedures estimated by the office.
Required Document Submission: Submit the mother deed with related documents to the sub-registrar’s office for registration. Supporting documents include proof of property ownership, proof of payment, and proof of parties involved.
Verification Process: After the submission of the required documents, the sub-registrar will verify the documents to ensure that they are free from errors and discrepancies. They validate the proof in different aspects to confirm its legality and authenticity.
Registration Fee: Every region of the sub-registrar’s office has a certain prescribed registration fee and other charges during the registration process. It is based on the property value mentioned in the mother deed. Once the payment is processed, the sub-registrar will issue an acknowledgement for the payment.
Official Certification: The registrar will file an official record to include the verification of documents and payment of fees along with property details. They will also endorse the registration process, including the date, registration number, and seal of the registrar.
Receipt of Registered Document: Once registration is done, the original mother deed of the property will be returned to the parties involved. The registered document acts as evidence for a property transaction specified with the parties’ rights and interests.
Documents Required for Mother Deed
Proof of Address and Identity: Requires valid government photo identification such as a ration card, property tax receipt, utility bills, Aadhar card, driving license, passport, or voter ID card.
Property Documents: To verify the chain of ownership and the property is free from any legal liabilities, it needs a proof of previous deeds, conveyance deed, and encumbrance certificate.
Property Tax Receipt: The receipts of property tax payments uncover the ownership and compliance with tax obligations.
Survey Map: A map clears the property boundaries, dimensions, and identifiable landmarks.
Payment Receipts: Payment acknowledgement of registration fees paid for the registration of the mother deed.
Affidavits or Declarations: Submit the affidavits or declarations if you are requested by the local authority.
Supporting Documents: Any supporting documents or additional certificates required by the registering authority as per the local regulations.
In a Word
A property transaction is a sensitive process that includes the verification of several important documents, especially the mother deed. It is a crucial certificate to indicate the chain of historical ownership and transactions. Understanding the importance of mother deeds can help you while buying or selling a property with a smooth registration process.