Introduction

‘Transfer of title of property’ in the context of real estate means change in the ownership of the property. It signify that there is a new owner to the property. Transfer of title transfers the right in the property from owner to a buyer of the property. It creates legal right for the new buyer in the property. 

Since this is a process which creates right for new owner in the property, it is mandatory for transferring the property as per law. Transfer of title can be done by using different instruments under law, such as sale deed, gift deed, etc. It is governed by using Transfer of property Act. The Act covers five types of transfers i.e sale, lease, exchange and mortgage.

Instruments for transfer of title are mentioned below:

  1. Sale Deed

It is a commonly used instrument for transferring the ownership of the property. Owner of a property execute a sale deed in favour of buyer making him the new buyer. Sale deed needs to be compulsorily registered.

  1. Gift Deed

It is the instrument used for transferring the ownership right in the property without any consideration amount. It is used when property is being given as gift. It also needs to be registered.

  1. Lease Deed

Lease deed creates temporary rights in the property. It is used in situation where rights in the property is being created for limited period. It may not be registered where the duration of lease is less than a year.

What does property name change mean?

In the case of transfer of title through any of the above mentioned instruments the buyer needs to change the name in the official municipal tax record. If it’s not changed in municipal records, The name of the previous owner will exist in relation to a property that has already been transferred, and in that case the current owner will be responsible for paying property taxes in the name of the prior owner because they will be the owner in the eyes of the municipal body. 

The process for changing the name in the Kolkata’s municipal body, generally require certain documents which are mentioned below:

  1. Filled application form for name change
  2. Last paid property tax receipt
  3. Attested copy of Sale Deed
  4. No objection approval from the associated housing society
  5. Building Sanctioned Plan
  6. Possession Letter from the Previous Owner in Case of Flat or Apartment or Shop
  7. Occupancy or Completion Certificate

Process for Name Change

To change name in property tax document buyer of the property needs to submit the abovementioned documents to the Assessment Register for name change in the official record. Thereafter after successful verification name get changed in the records. The process of name change is completed when the correspondence in this regards is made to the registered address. It is now easier to change your name on your property tax online.

Mutation of Property

Property Mutation by changing of name in the municipal assessment records should be completed for complete transfer of title to the buyer.It should be changed in the government record to avoid any discrepancies in future.  No objection certificate from previous owner is required for mutation of property. In case of inheritance, death certificate and legal heirship certificate from Councillor or First Class Judicial Magistrate are required for mutation of property.

Conclusion

Complete transfer of property may be called when name in all other amenities related to property get changed as per the procedures viz. water, electricity etc. After this step the buyer becomes completely liable for every aspects of property. It is always advisable to complete the transfer of title process and not just sign a deed document while buying any property.

transfer of title of property in kolkata
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