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Transfer Properties

NARENDRA (ACCOUNTS MANAGER) (2181 Points)

11 March 2025

Can one transfer the property on the basis of an affidavit ?? i,e without registry can we transfer the properties ( house ) ??

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Rama chary Rachakonda (Master in Accounts & high court Advocate) (8403 Points)
Replied 11 March 2025

In India, an affidavit alone is not sufficient to transfer ownership of a property. Here's why: Registration Requirement:

1. *Mandatory Registration*: The Registration Act, 1908, mandates that all property transfers, including sales, gifts, and exchanges, must be registered with the relevant Sub-Registrar's office.

2. *Transfer of Ownership*: Registration is essential to transfer ownership of a property from one person to another. Affidavit Limitations:

1. *Supporting Document*: An affidavit can be used as a supporting document to establish the transfer of property, but it cannot replace the registration process.

2. *No Legal Sanctity*: An affidavit alone does not have legal sanctity to transfer ownership of a property.

Exceptions: 1. *Nomination*: In some cases, like nomination in a cooperative society or a housing board, an affidavit might be accepted as proof of transfer.

However, this is not a universal rule and may vary depending on the specific laws and regulations applicable.

2. *Court-Ordered Transfers*: In rare cases, a court may order the transfer of property based on an affidavit, but this is not a standard practice. Conclusion:

1. *Registration Essential*: To transfer ownership of a property, registration is essential. An affidavit alone is not sufficient.

2. *Consult a Lawyer*: If you're planning to transfer a property, consult a lawyer to ensure you follow the correct procedures and comply with applicable laws. Remember, property laws can be complex, and it's always best to seek professional advice to avoid any potential issues or disputes.

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