As far as I know, a property transfer affidavit is not legally allowed in India. You can’t transfer your property solely based on an affidavit. An affidavit is a sworn written statement affirming facts (for example, intentions, identity, or details about a property), but it does not in itself transfer ownership rights or title of immovable property. I have shared more details about it below.
Is It Possible to Transfer Property Ownership on Affidavit?
No. Under Indian law, especially the Transfer of Property Act, 1882, and the Registration Act, 1908, transfer of immovable property must meet specific legal requirements:
A registered deed (such as a sale deed, gift deed, or partition deed) signed by the parties.
Proper attestation and execution as required by law.
Registration with the local sub-registrar within the prescribed time frame.
An affidavit, even if notarized, is considered supporting or declaratory evidence, not a conveyance instrument. It can affirm facts like ownership, intentions, possession, encumbrance status, or the relationship between parties, but does not transfer title on its own.
When an Affidavit May Still Be Used?
Affidavits are useful in property matters for:
Declaring the true owner or heirship of a property.
Confirming declarations about possession, encumbrances, or corrections in records.
Supporting other documents in court or registration proceedings.
However, even in cases involving inheritance, intestate succession, or family agreements, the actual title is passed only when the required formal deed is executed and registered with the authorities.
Courts, including High Courts, have reinforced that affidavits cannot replace registered deeds and do not transfer ownership. To effect a valid transfer, the relevant documents must be signed, stamped, and registered in compliance with the law. I hope you understood the property transfer affidavit.
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Can Property be Transferred Based on an Affidavit?
ravi
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2026-02-18T07:15:35+00:00 2026-02-18T07:15:38+00:00Comment
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