Understanding the Deed of Declaration: Legal Requirements

Property buyers must perform a background check with correct details and recognise the true owners of the property. The legal rights, the total area of the estate, and the property’s overall market value are some details that analysed by the buyers.

The proof and availability of these details provide credibility to the buyers. The Deed of Declaration is the document that mentions all the details related to the property which helps the government and the individuals to recognise the pre-owners and transfer of ownership of the property.

Purchasing properties requires a large corpus of funds to be arranged by buyers. Home loans and loans against property are some of the best ways to secure funds for property purchases. SMFG Grihashakti Home Loans is one of the best loans borrowers can consider. Individuals can visit the official website of Grihashakti to know more about Fullerton Home Loans.

Deed Of Declarations and its Purpose?

A Deed of Declaration or a Declaration Deed is a legal document containing all the vital information related to a property. The details include the location of the property, the total area of the property, the name of the developer or the builder, and the type of land/building.

The purposes of the Declaration of Deed are as follows:

Recognised Legally

The declaration deed provides legal recognition of the said property and helps owners fetch secured loans by attaching the property as collateral.

Ownership Proof

The declaration deed registers the truthful owners of the estate, and with an authorised signature from the registrars, the ownership is legally acceptable.

Transfer of Ownership

When a property is bought and sold in general, the Deed of Declaration is an important document needed by property buyers and their lawyers for legal proof of ownership.

Easy for Multiple Property Owners/Organisations

When owners and companies own multiple construction sites, commercial, industrial and residential properties, the Declaration Deed helps them have organised information on the particular properties with their valuation details.

Essentials while Preparing a DOD

The most important aspect while preparing the Deed of Declarations is the presence of all the parties involved in the transaction. The deed might be declared void if either party or co-owners are absent. Here are some steps to focus on while preparing a Deed of Declaration.

Attention to Details

The details in the deed must be prepared with correct information on the name of both parties, contact, and address. The name and contact of the witnesses involved, the payment receipt of stamp duties, and other legal charges paid by either party are recorded.

Consent of all Parties Involved

The consent of the seller, for the recorded price and the consent of the buyer, for the property is important for preparing the deed. When the said property has multiple owners, all owners must be present and acknowledge the declaration deed, failing which might turn the deed void or fraudulent.

Financial Details

The deed must mention correct financial details related to the property. When multiple buyers are involved, details like the amount contributed by each buyer and ownership proportion are essential to be mentioned. In the case of multiple owners, details of the split or proportion of the sale amount is also important.

Registering the Deed

When the sale of a property or transfer of ownership occurs, official estate registration is critical. It helps future buyers recognise ongoing disputes or any third-party interest in the property.


Any buyer or owner of a property must understand the importance and application of the Deed of Declaration. It is a crucial document since it maintains transparency between the parties involved and the government authority.

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Frequently Asked Questions

Q1: What is a Deed of Declarations?

A: A Deed of Declaration is a legal document used in real estate, particularly in the context of community living. It outlines the covenants, conditions, and restrictions for a property, typically in a homeowners association (HOA) or condominium setting.

Q2: What information does the Deeds of Declaration contain?

A: The Deed of Declaration includes details about property restrictions, architectural guidelines, common area maintenance, and other rules governing the community. It serves as a foundational document for property owners to understand their rights and responsibilities.

Q3: Who creates the Deeds of Declaration?

A: The Deed of Declaration is usually created by the property developer or the initial property owner, outlining the guidelines for the community. Subsequent changes often require the consent of a specified percentage of property owners as outlined in the document.

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