Mother Deed : Meaning, Importance & How to Obtain It

When buying or selling property, ensuring a clear title is crucial to avoid legal complications. One of the most important documents in real estate transactions is the Mother Deed. This legal document serves as the root of ownership, tracing the history of a property to its very first registered owner.

In simple terms, a Mother Deed is the foundation of property ownership, verifying the transfer of property rights over time. It plays a key role in title verification, loan approvals, and preventing future disputes. Whether you are a property buyer, seller, or investor, understanding the importance of the Mother Deed can help you make informed decisions.

In this guide, we will cover everything you need to know about the Mother Deed, its purpose, key elements, legal procedures, and how to obtain it online and offline. Read on to ensure your property documents are in order!

What Is Mother Deed?

Mother Deed, also known as "Parent Deed” is the most important document for any property. You can consider it the basis of the history of the property. Mother Deed is the first document through which the ownership of a property is transferred to a person for the first time.

For Example:

Your grandfather bought some land for the first time. The first registry that happened while buying that land will be called Mother Deed.

After that, if your grandfather gave that land to your father, and then your father gave it to you, then the registry that will happen every time will not be the Mother Deed. The Mother Deed will be the first registry that your grandfather has done.

Purpose & Importance Of Mother Deed

Now the question is, why is the mother's deed so important? There are many reasons for this:

Proving Ownership

Mother's deed is the most important evidence that proves who was the first owner of the property. It lays the foundation of property ownership.

When you buy an old property, by looking at the mother deed, you can know the history of the property and who were the first owners.

Prevention Of Legal Disputes

If you have a mother deed, you can avoid future legal disputes regarding property ownership. Mother's deed is a piece of solid evidence that is valid in court.

Ease Of Taking A Loan

If you want to take a loan on the property, then banks will ask for the mother's deed. Banks want to ensure that the property is legally correct and there is no dispute over it.

By looking at the mother deed, the bank is assured that the ownership of the property is clear.

Registration Of Property

When you get the property registered in your name, the mother deed is required. The registrar's office starts the process after seeing the mother's deed.

Know The Complete History Of The Property

The mother deed gives you complete information about the history of the property. You can know in whose name the property was earlier when it was purchased and whether there were any legal encumbrances on it.

Key Elements Of A Mother Deed

The mother's deed contains several important details that make it legally valid. Here are some of the key elements that are usually included in a mother deed:

Party Details

It contains the names, addresses, and identification details of both the parties buying and selling the property. There is complete information on both the first owner (seller) and the first buyer (buyer).

Property Details

Details such as the property's complete address, khasra number, plot number, area, and boundaries are written in detail. If there is any building on the property, its details are also given.

Transaction Details

The mother deed contains the date on which the property was sold, for how much, and what was the mode of payment. It is also written whether some payment was made earlier and when the rest will be paid.

Signatures & Witnesses

The mother deed contains the signatures of the seller, buyer, and two witnesses. These signatures are proof that both parties agree to the transaction and the witnesses confirm the transaction.

Registration Details

It is necessary to register the Mother Deed with a government office. The registration number, date, and name of the office are also mentioned in the Mother Deed.

Legal Procedure For Obtaining A Mother Deed

There are two ways to obtain a mother deed: online process and offline process.

Offline Process

This method is for those who like to go to the office or in whose area the online facility has not started fully yet.

Find The Right Government Office (Sahi Sarkari Office Dhundo)

First of all, find out which is the government office that keeps property records in your area. It can be anything like the Land Registry Office, Sub-Registrar Office, or Registrar of Deeds. You can search on the internet or ask someone knowledgeable.

Go To The Registrar Office

Once you know the office, go there during working hours. Remember that you will have to provide some important information about your property, such as the property owner name, survey number, etc.

Request

Go to the counter or reception in the office and place a request for a mother deed. There you may have to fill out a form or you will just have to provide information about your property.

Verification & Process

The office will check the information you have provided and start working on your request. They will search for the mother deed and related documents in the property records.

Pay The Fees

You will have to pay some fees to get the mother's deed. This fee can be for finding, copying, and certifying the document. The amount of the fee will be known in the office.

Get Your Mother Deed

When your request is completed and you pay the fee, you will get a certified copy of the mother's deed.

Online Method

This method is for those who like to work from home and whose area has online facilities.

Online Service

First of all, go to the website of the government office and see if they provide an online mother deed. Every state government has its own website, so it is important to find the right website.

Register

If there is an online service, then create your account on the website or log in if you already have an account. To create an account, you will have to provide some basic information.

Place An Online Request

Go to the property records or document request section on the website and place an online request for the mother deed. There you will have to fill in the necessary details about the property and the transaction.

Pay The Fees Online

After placing the request, you will get the option to pay the fees online. Pay the fees using the payment option given on the website. You can make this payment through a debit card, credit card, or net banking.

Download Or Get The Document

After paying the fees, you may be able to download the mother deed directly from the website. Or, they may send it to you by email or post. It depends on what option is available on the website.

Note: Online service is not available everywhere, and the online process may be slightly different in each state.

Document Required

Here is the document list that you need to get the mother deed.

• Identity proof
• Address proof
• Old property documents (if any)
• Application fee payment receipt
• Power of Attorney
• Survey SketchUp
• Stamp Duty
• Affidavit
• Other documents (Some states may require other documents)

Pay Applicable Fees

The application fee for a Mother Deed varies in every state. For example, in Uttar Pradesh, the stamp duty fee is up to ₹5000, and up to 7% of the property value has to be paid.

Timeline For Obtaining The Certified Copy

It usually takes 15 to 30 days to get a certified copy of the Mother Deed. This time limit may be more or less in different states and offices. Be sure to get information about the time limit from the office while applying.

Also Read : Sale Deed in Bihar : Everything You Need to Know

Registration Process For A Mother Deed

Registering the mother deed means getting it registered in government records so that it becomes legally permanent.

Prepare The Documents

Make sure that everything is written correctly and that the stamp duty is also paid. The mother deed should have the property details, the name of the buyer and seller, and the price at which the deal was made; everything should be absolutely correct.

Go To The Sub-Registrar Office

When the mother deed is ready, go to the sub-registrar office or land registry office. This is the office where property transactions are registered.

Submit The Papers

Go to the office and submit the stamped mother deed and all the other documents asked for. Such as ID proof, proof of ownership of the property, and proof of payment of stamp duty.

Verification And Investigation

The office people will check your papers to see if everything is according to the law. They will also check who the buyer and seller are and will also check the mother deed to see if it is genuine or not.

Pay The Fees

Now pay all the registration fees and other charges. After paying the fees, the office people will give you a receipt.

Recording & Certification

When the office is happy with the papers and the payment, they will record the details of the property transaction in their register. Then they will put the registration number, date, and office seal on the mother deed. This means that now this mother deed has been recorded in the government records and is legally correct.

Get The Registered Document

After registration, you will get your registered mother deed. Keep it and the accompanying papers safe.

consult a property lawyer to ensure smooth registration

Stamp Duty On A Mother Deed

In simple words, whatever is the market value of the property, multiply it by the stamp duty rate of your state.

The rate varies from state to state, and in UP the rate for women is slightly lower than for men. Confirm the exact rate from the local office.

For example, if the property is worth Rs 10 lakh and the rate is 6%, the stamp duty will be Rs 60,000.

Role Of Mother Deed In Property Transactions

Mother Deed plays a very important role in property transactions. Whether you are buying or selling property, Mother Deed can be helpful for you in many ways:

• Help in Title Search
• Avoiding legal complications
• Increasing the value of the property
• Help in making a sale deed
• Help in getting a bank loan

Difference Between Mother Deed & Sale Deed

Often people get confused between a mother deed and a sale deed, but both are different documents and their purpose is also different

Sample Format Of Mother Deed

Here is a sample format to give you an idea of what a Mother Deed looks like:

MOTHER DEED

This Mother Deed is executed on this [Date] at [Location] by and between:

PARTY 1: [Name], [Address], hereinafter referred to as the "First Party," which term shall, unless repugnant to the context, include their legal heirs, successors, administrators, and assigns.

PARTY 2: [Name], [Address], hereinafter referred to as the "Second Party," which term shall, unless repugnant to the context, include their legal heirs, successors, administrators, and assigns.

WHEREAS:

1. The First Party is the absolute and lawful owner of the property described below, having acquired the same through [mention mode of acquisition, e.g., sale deed, gift deed, will, partition deed, etc.], registered as Document No. [Number] in the office of the [Sub-Registrar Office].
2. The First Party has been in peaceful possession and enjoyment of the said property, free from all encumbrances, liens, or disputes.
3. The chain of ownership of the said property is as follows:
   • [Previous Owner Name] acquired the property on [Date] via [Mode of Acquisition].
   • [Subsequent Transfer Details].
   • [Current Owner Details].
4. The Second Party has agreed to purchase/transfer/mortgage the said property from the First Party under mutually agreed terms and conditions.

DESCRIPTION OF THE PROPERTY:

• Property Type: [Land/Building/Apartment]
• Location: [Full Address]
• Survey/Plot No.: [Details]
• Boundaries: [North, South, East, West]
• Extent/Area: [Size of Property]

DECLARATION: The First Party hereby declares that the above-mentioned property has a clear and marketable title, and there are no legal disputes, litigations, or encumbrances affecting the said property. The First Party undertakes to indemnify the Second Party against any claims arising in the future.

WITNESSES:

1. [Witness Name] - Signature: ______________
2. [Witness Name] - Signature: ______________

IN WITNESS WHEREOF, both parties have signed this Mother Deed on the date first mentioned above in the presence of witnesses.

FIRST PARTY
[Name & Signature]

SECOND PARTY
[Name & Signature]

Registered Before:
[Name of Sub-Registrar]
Office of the Sub-Registrar, [Location]
Document No.: [Number]
Date: [Date]

Conclusion

The Mother Deed is one of the most crucial legal documents in real estate, serving as the foundation for property ownership. It helps establish a clear title, prevents legal disputes, facilitates loan approvals, and ensures a smooth transfer of ownership. Whether you are buying, selling, or inheriting a property, verifying the Mother Deed is essential to safeguard your investment.

By understanding its importance, key elements, and the process of obtaining it, you can ensure that your property documentation is legally sound. Whether through an online or offline process, securing a certified copy of the Mother Deed will give you confidence in your property transactions.

If you're planning to invest in real estate, always check the Mother Deed to avoid future complications and ensure a hassle-free ownership transfer. Stay informed, follow the legal procedures, and protect your property rights with the right documentation!

FAQs

A few FAQs based on mother deed are:

Q1. Why is the Mother Deed important?

A: The Mother Deed is crucial for several reasons:

• Proving Ownership: It establishes the initial ownership of the property.
• Preventing Legal Disputes: It serves as strong evidence in case of ownership disputes.
• Securing Loans: Banks often require the Mother Deed for loan approvals.

Q2. How can I obtain a Mother Deed?

A: You can usually obtain a Mother Deed through either an online or offline process:

• Offline: Visit the relevant government office (Land Registry Office, Sub-Registrar Office) and submit a request with the required information and fees.
• Online: Check if your state's land records website offers online access to Mother Deeds. Register, submit a request, pay the fees, and download the document.

Q3. How long does it take to get a Mother Deed?

The processing time varies, typically taking between 15 to 30 days. It can be longer or shorter depending on the state and the specific office.

Q4. What is stamp duty on a Mother Deed?

A: Stamp duty is a tax levied on property transactions. The amount is calculated based on the property's market value and the stamp duty rate in your state. It varies from state to state.

Q5. What is the difference between a Mother Deed and a Sale Deed?

The Mother Deed documents the first transfer of ownership. A Sale Deed documents a subsequent transfer of ownership from the current owner to a new buyer. The Mother Deed is the root of title, while the Sale Deed is the instrument of a specific transaction.