Deed of Transfer of Possession Template India

About this agreement

Deed of Transfer of Possession Format

Need a straightforward Deed of Transfer of Possession Format to legally hand over property possession in India? Our ready-to-use template simplifies the process, ensuring compliance with Indian property laws and saving you time and legal fees.

A Deed of Transfer of Possession Format is a crucial legal document used to formally transfer physical possession of immovable property from the seller or transferor to the buyer or transferee. Unlike a sale deed, which transfers ownership title, this deed specifically focuses on handing over possession, often used in conjunction with agreements like agreements to sell or during partition of property. In India, under the Transfer of Property Act, 1882, and state-specific stamp laws, this document provides evidentiary proof of possession transfer, preventing future disputes over who holds physical control of the property.

Why is a Deed of Transfer of Possession Format Important?

This document is vital in real estate transactions to establish clear possession rights. It protects both parties by recording the date, manner, and conditions of possession handover, which can be crucial in court during possession suits or eviction proceedings. For instance, in cases of delayed registration of sale deeds, this format bridges the gap, offering legal sanctity. Key benefits include:

Legal Protection: Serves as prima facie evidence in civil courts under the Indian Evidence Act.
Dispute Prevention: Minimizes conflicts over possession, especially in joint family properties or builder-buyer deals.
Compliance: Meets requirements for stamp duty and registration in most Indian states, making it enforceable.
Cost-Effective: Our customizable PDF/Word format is ready to use, reducing the need for expensive lawyers for drafting.

Key Elements of a Deed of Transfer of Possession Format

A comprehensive Deed of Transfer of Possession Format should include the following essential sections:

Parties Involved: Full names, addresses, and PAN/Aadhaar details of transferor(s) and transferee(s).
Property Description: Precise details like survey number, plot area, boundaries, and location.
Reference to Prior Agreement: Mention of sale agreement, GPA, or other antecedent documents.
Terms of Transfer: Date and time of possession handover, keys/meter readings handed over, and any arrears cleared.
Consideration: Amount paid/received, if applicable.
Declarations: No encumbrances, peaceful possession assured, and indemnity clauses.
Signatures and Witnesses: Executed in presence of two witnesses, with attestation.
Execution Clause: Date, place, and notary/registration details.

Who Should Use This Deed of Transfer of Possession Format?

This legal template is ideal for:

Property Sellers/Buyers: In secondary sales or resale transactions.
Landlords/Tenants: For vacation of premises and possession handover.
Family Partitions: Among co-owners dividing ancestral property.
Builders/Developers: Handing over possession to flat buyers post-completion.
Court-Ordered Transfers: In execution of decrees for specific performance. Common use cases span residential, commercial, and agricultural properties across India, from Mumbai to Delhi.

Download our free Deed of Transfer of Possession Format in PDF or Word format today. It's fully customizable to suit your needs—edit details effortlessly with any word processor.

Disclaimer: While this ready-to-use legal template is drafted by experts, it is advisable to consult a local lawyer for state-specific modifications, stamp duty, and registration. Not a substitute for professional legal advice. Explore related templates like Sale Deed Format, Possession Letter, or Agreement to Sell for complete real estate documentation.

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DEED OF TRANSFER OF POSSESSION

Non-Judicial

THIS DEED OF TRANSFER OF POSSESSION IS MADE ON THIS THE _______ DAY OF _____ MONTH ______YEAR

B E T W E E N

1. SRI / SMT _______________, Son/Daughter/Wife of _______________

2. SRI /SMT. ______________, Son/Daughter/Wife of _________, both Hindu by religion, residents of ____________________(Address with pin code) - hereinafter called the “TRANSFEREES/FIRST PARTIES” (Which expression shall mean and include unless excluded by or repugnant to the context their heirs, executors, administrators, representatives, successors, and assigns) of the FIRST PART.

A N D

SRI/SMT. ________________________, Son/Daughter/Wife of __________________, Hindu by religion, _________ by occupation, resident of ____________________(Address with pin code) – hereinafter called the “TRANAFEROR/SECOND PARTY” (Which expression shall mean and include unless excluded by or repugnant to the context his heirs, executors, administrators, representatives, successors, and assigns) of the SECOND PART.

WHEREAS Sri/Smt ___________________, Son/Daughter/Wife of _____________________, was the possessor of the Land measuring _______ Kathas within word no/ village name __________ of _________________ (Panchayat / Corporation ) identified as Holding No. _______ by virtue of a Deed of Transfer which was executed by Sri / Smt _________________, Son/ Daughter /Wife of Sri/Smt ________________ of _____________( Address with pin code) on _________(dd/mm/yyyy).

A N D

WHEREAS being the possessor of the land and holding measuring _____ Kathas said ________________ ( Name ) transferred the physical possession of the said land measuring ______ Kathas and structure to, unto and in favor of the Transferor of this Indenture which was executed on _________(dd/mm/yyyy) and being the possessor of the land and structure the Transferor also recorded her name and mutated her name in the Office of the ________________(Panchayat / Corporation ) and got Holding No. _____________ within Ward No. /village name ___________ of (Panchayat / Corporation )and the Transferor also got Electric connection from the ( Name of Electricity Dept.)

A N D

Whereas the Transferor/Second Party became the possessor/owner of the Land measuring _______ Katha approx. along with structure standing thereon as fully described in the Schedule below, hereinafter called the below Scheduled LAND AND STRUCTURES for the sake of brevity.

A N D

WHEREAS the Transferor being the possessor of the land and structure measuring _______ Kathas or ________ acres along with structure standing thereon being in need of money for her domestic and development purpose has firmly and finally decided to transfer the physical possession of the Land measuring ______ katha ______ Chhataks along with structure standing thereon as fully described in the Schedule appended below, hereinafter referred to as the below Scheduled property and also shown in the Map or plan annexed hereto under the caption : “DESCRIPTION OF TRANSFERRED PROPERTY” for the sake of brevity at or for the consideration of Rs. _______________ (Rupees in word ) only.

WHEREAS the Transferees having agreed to take physical possession of the below Scheduled Property offered a consideration of Rs. _______________ (Rupees in word ) only to the Transferor and the Transferor also considering the price so offered by the Transferees agreed to quit and vacate the physical possession of the below Scheduled Property in favour of the Transferees.

THE TRANSFEROR/SECOND PARTY AND THE TRANSFEREES/FIRST PARTY HAVE NOW ENTERED INTO THE AGREEMENT AS ENUMERATED HEREUNDER.

1. That the right of the TRANSFEREES/FIRST PARTY shall be absolute own the below Scheduled Land and Structures and the Transferor/Second Party shall not claim or to be entitled to claim any right on the below Scheduled Land and structure.

2. That the TRANSFEREES/FIRST PARTY shall have right to record their names in the office of the ________ State Electricity Distribution Company Limited, and mutate their names and obtain separate Holding Number from the ______________(Block/Village/Corporation).

3. That the TRANSFEREES/FIRST PARTY shall also be entitled to sell, Mortgage, lease or otherwise alienate the said below Scheduled Land and structures to any person without the consent of the Transferor/Second Party.

4. That the Transferor/Second party and the Transferees/ First Party for the interest of each other respectively shall be liable to assign all documents and instruments and to do all acts deeds and things as may be require for safe guard their respective interests or common interest or for the purpose of complying with any law for the time being in force.

5. That the Transferor/Second Party shall co-operate with the Transferees/First Party to record or to obtain electric connection, and Holding mutation in respect of the below Scheduled Land and structures and the Transferor/Second party shall also issue No Objection Certificate in favour of the Transferees/First party and shall supply or handover the necessary Documents or Certificate in respect of the below Scheduled Land and structures to the Transferees/First party as and when required for the aforesaid purpose.

6. That as there is an embargo on the Registration of the Deed of Conveyance in respect of the below Scheduled Land and structures and as such this Document has not been Registered but the Transferor/Second Party covenanted that as and when or in future the Registration of Document shall be open then the Transferor/Second party execute and Register the Document in favour of the Transferees/First party without any further consideration money.

7. That the Transferor/Second party shall supply electric energy to the Transferees/First party from her own electric connection till the date of taking separate electric connection from the _______________(Name of Electricity Dept.) in their own name but the First parties/Transferees shall pay charges or Bills as per separate meter reading for consumption of electric energy and the Transferor/Second party shall also supply water free of cost till the date taking separate water connection from the ____________________(Block/Village/Corporation).

8. The safety tank of the entire holding shall remain common but transferee shall pay proportionately maintenance expenses to transferor.

NOW THIS INDENTURE OF TRANSFER OF POSSESSION WITNESSETH that in pursuance of the aforesaid offer, acceptance and

in consideration of the sum of Rs. _________ (Rupees in word) only paid by the Transferees/First Parties to Transferor/Second party through Two Cheques/Cash drawn on ____________(Bank Name) one for Rs. _________ (Rupees in word ) Being Cheque Number __________ dt. ________ and Cheque Number _________ dt. __________ for Rs. ________(Rupees in word) and Rs. __________(Rupees in word only) in CASH on __________ respectively and the receipt whereof the TRANSFEROR/SECOND PARTY do hereby acknowledge and having received the TRANSFEROR/SECOND PARTY also grant full discharge to the TRANSFEREES/FIRST PARTY from the payment thereof, the TRANSFEROR/SECOND PARTY DOTH hereby convey, assign, and transfer her said below Scheduled Land and structures together with all her right, interest, liberties, easements, fences, connections etc. whatsoever in any way belonging thereto or reputed to belong therewith and make over ________(Type of land) and physical possession thereof to the TRANSFEREES/FIRST PARTY absolutely and for ever TO HAVE AND TO HOLD the same as an absolute estate by the TRANSFEREES/FIRST PARTY as exclusive possessor/owner thereof peaceably and quietly, with permanent, heritable and transferable right and without any claim, objection, interruption or interference from the TRANSFEROR/SECOND PARTY or any person or persons claiming under her.

The TRANSFEROR/SECOND PARTY declares that there exists no previous transfer, mortgage, contract for transfer or otherwise by the TRANSFEROR/SECOND PARTY in favour of any other person/persons or party respecting the said below Scheduled Land and

structures hereby transferred, expressed or intended so to be suffers from no defect of interest and that the recitals made herein above are true and in the event of any contrary is proved, then the Transferor/ Second party shall be liable for false recitals and shall also be liable to make good the loss or injury which the TRANSFEREES/FIRST PARTY may suffer or sustain in consequence thereof.

The TRANSFEROR/SECOND PARTY further covenant with the TRANSFEREES/FIRST PARTY that if for any defect, for any act done or suffered to be done by the TRANSFEROR/SECOND PARTY, the TRANSFEREES/FIRST PARTY be deprived of possession of the said below Scheduled Land and structures or any part thereof in future, then the TRANSFEROR/SECOND PARTY shall return to the TRANSFEREES /FIRST PARTY the entire consideration money together with statutory interest per annum from the date of these presents and the TRANSFEROR/SECOND PARTY shall also be liable to pay adequate compensation to the TRANSFEREES/FIRST PARTY for any other loss or injury which the TRANSFEREES/FIRST PARTIES may suffer or sustain resulting there from.

S C H E D U L E

DESCRIPTION OF THE LAND AND STRUCTURES

All that piece or parcel of land measuring _______ Katha ________ Chhataks out of total land measuring ______ Kathas approx along with structure made of ______ roofed consisting of _____ Bed Room with attached Bath Room, One Drawing Room, One finished Toilet, One Kitchen, Two unfinished Kitchen and Bath Room, The Land identified and appertaining to Plot No. ______ (in word), Khatian No. __________, within Mouza ________, J.L. No. ________, Sheet No. _______, Touzi No. _______, Police Station, Sub-Division, Additional District Sub-Registry Office-_________, District __________ within Ward No./Village name - ________ of __________________(Block/Panchayat/Corporation) identified as part of Holding No. ____________.One site plan or Map annexed hereto, which shall be treated as non detachable part of this indenture.

The said Land is butted and bounded as follows:

NORTH : ____________________,

SOUTH : ____________________,

EAST : ________ Feet Pucca Road,

WEST : _______________________,

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands on this Deed of Transfer of possession in sound health, sound mind, without any provocation, without being influenced by anybody, without any threat or coercion and after going through the contents of this Indenture on the day, month and year first above

WITNESSES :

_____________________________________

(SIGNATURE OF THE TRANSFEROR)

____________________________________

(SIGNATURE OF THE TRANSFEREE)

Drafted by me and Printed

in my Office.

Advocate, _________(Name of place)

MEMO OF CONSIDERATION

I, SRI/SMT. ___________________, Son/Wife/Daughter of Sri/Smt ________________, resident of _______________(Address with pin code), Post office and Police Station ___________, Sub- Division- _________, Additional District Sub- Registry office __________, District __________, received Rs. ________ (Rupees in word) through ______ Cheques and cash one being No. _________ of Rs. _________ (Rupees in word only) dated ________(dd/mm/yyyy) and another of Rs. ___________ (Rupees in word) being no. _________ dated _______(dd/mm/yyyy) drawn on ____________(Bank name) and Rs. ________ (Rupees in word only) in CASH today as full consideration money from 1. _________________, Son/Wife/Daughter of ______________, 2. SRI/SMT. ________________, Son/Wife/Daughter of ______________, both resident of _________________(Address with pin code), Post Office, Police Station, Sub- Division and Additional District Sub- Registry Office _________, District __________, on receiving the entire consideration money I sign this memo of Consideration on this the _____day of _____(month), ______(year).

WITNESSES:-

____________________________________

(SIGNATURE OF THE TRANSFEROR)

Dated :

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Important Guidelines

Guidelines for Drafting a Deed of Transfer of Possession

Usage: A Deed of Transfer of Possession is a legal document used when one party (the transferor) relinquishes possession of a property, asset, or item to another party (the transferee). This deed is used in various situations, such as real estate transactions, personal property transfers, and business asset handovers. It serves as evidence of the transfer of physical possession from one party to another.

Common Mistakes to Avoid:

Complete Identification: Clearly identify both the transferor and transferee with their full legal names, addresses, and contact information.

Description of Property: Provide an accurate description of the property or asset being transferred, including details like location, size, serial numbers (if applicable), and condition.

Transfer Date: Specify the exact date when possession is being transferred to ensure clarity regarding the timing of the transfer.

Consideration: If applicable, include details about any consideration (payment or compensation) involved in the transfer.

Conditions and Obligations: Clearly outline any conditions, obligations, or responsibilities of both parties related to the possession transfer.

Delivery and Acceptance: Describe the process of delivery and acceptance of the property or asset, including any inspections or assessments.

Notarization: Depending on local laws and regulations, consider having the deed notarized to enhance its legal validity.

Witnesses: Include witnesses who can attest to the transfer and confirm that it took place as described in the deed.

Legal Review: In complex cases or when substantial assets are involved, seek legal advice or have the deed reviewed by an attorney to ensure compliance with relevant laws and regulations.

Recording: In some cases, it may be necessary to record the deed with the appropriate government authority to establish a public record of the transfer.

Delivery of Physical Documents: If applicable, ensure that all physical documents, keys, or other relevant items are handed over to the transferee as part of the possession transfer.

By following these guidelines and avoiding common mistakes, you can draft a comprehensive Deed of Transfer of Possession that accurately reflects the transfer of physical possession and helps prevent disputes or misunderstandings between the parties involved in the transfer of property or assets.

Frequently asked questions

What is a Deed of Transfer of Possession?→

A Deed of Transfer of Possession is a legal document in India that transfers physical possession of immovable property from one party to another without transferring ownership title. It is commonly used in property transactions like sales or leases to confirm handover.

Is this Deed of Transfer of Possession legally valid in India?→

Yes, this deed is legally valid across India under the Transfer of Property Act, 1882, and relevant state laws, provided it is properly executed, witnessed, and registered if required.

Does a Deed of Transfer of Possession require stamp duty in India?→

Yes, stamp duty applies as per the Indian Stamp Act, 1899, and state-specific rates based on property value. Consult local sub-registrar for exact amount and payment before execution.

In what format can I download the Deed of Transfer of Possession?→

You can download this customizable legal agreement in both editable Word (.docx) and print-ready PDF formats for convenience.

Can I edit or customize this Deed of Transfer of Possession?→

Yes, the Word version is fully customizable. Edit details like parties' names, property description, and terms to suit your needs, then get it reviewed by a lawyer.

When and who should use a Deed of Transfer of Possession in India?→

Use it when handing over property possession post-agreement, ideal for sellers, buyers, or lessors. Both parties should sign it to avoid disputes over possession.

DEED OF TRANSFER OF POSSESSION

Non-Judicial

THIS DEED OF TRANSFER OF POSSESSION IS MADE ON THIS THE _______ DAY OF _____ MONTH ______YEAR

B E T W E E N

1. SRI / SMT _______________, Son/Daughter/Wife of _______________

A N D

THE TRANSFEROR/SECOND PARTY AND THE TRANSFEREES/FIRST PARTY HAVE NOW ENTERED INTO THE AGREEMENT AS ENUMERATED HEREUNDER.

8. The safety tank of the entire holding shall remain common but transferee shall pay proportionately maintenance expenses to transferor.

NOW THIS INDENTURE OF TRANSFER OF POSSESSION WITNESSETH that in pursuance of the aforesaid offer, acceptance and

S C H E D U L E

DESCRIPTION OF THE LAND AND STRUCTURES

The said Land is butted and bounded as follows:

NORTH : ____________________,

SOUTH : ____________________,

EAST : ________ Feet Pucca Road,

WEST : _______________________,

WITNESSES :

_____________________________________

(SIGNATURE OF THE TRANSFEROR)

____________________________________

(SIGNATURE OF THE TRANSFEREE)

Drafted by me and Printed

in my Office.

Advocate, _________(Name of place)

MEMO OF CONSIDERATION

WITNESSES:-

____________________________________

(SIGNATURE OF THE TRANSFEROR)

Dated :

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