Digital Signature Lawfulness for Warranty Deed in India – Ensure Legally Binding Contracts

How to eSign a document: digital signature lawfulness for Warranty Deed in India

in this lesson we're going to break down the transfer of title to real property by deed so important to recognize from the star right there's a handful of ways a person can acquire title to real property right we know that people can acquire title to real property through a will through intestate succession and we'll see even down the line and a few lessons right that you can acquire title to real property through this thing we call adverse possession so there's a lot of ways right a person can acquire title to real property but probably the most basic way that a living person transfers title to real property is through the instrument we call a deed right a deed is very different from a contract right we know that in order to form a traditional enforceable contract consideration is a requirement right deed right to transfer property real property by deed to another person right there doesn't have to be a bargained for exchange right you can gift somebody real property with a deed right there's no consideration requirement so it's best to not think of the deed as a contract right a lot of time students think of the deed is kind of like a contract it's actually better to separate the two ideas in your mind right we have the deed and we have the contract and if you remember back to our discussion of the land sale contract we even said that leading up to delivery of the deed right the land sale contract at closing actually merges into the deed right they're two separate entities right and it's going to be really important we get to our discussion of closing and the implied covenant contained in the deed to recognize that the land sale contract right at closing when the deed is delivered when the ownership of real property transfers from the seller to the buyer right the contract merges into the deed and now the deed control so all liability has to be based on the deed not the land sale contract right so again it's really important to separate the two in our mind right the deed and the contract are two separate entities like with that the deed again big picture is just probably the most basic common way that a living owner of real property transfers title to property to other people right that's what the deed is right so what are the requirements right to form a valid deed to execute a deed right to transfer in a state or other interest in land by deed the deed must number one be in writing be signed by the grantor identify the grantor and grantee contain words of conveyance describe the property and be delivered and accepted rich let's break these elements down right number one very straightforward Aidid must be in writing right we need a written agreement memorial memorializing the deed right that'll be given to us in the fact that whether it's in writing or not written or a deed cannot be world all right it's got to be signed by the grantor very straightforward right that'll either be given to you in the fact pattern or it won't be right identify the grantor and green tea again this is pretty easy to see right so the first three requirements are very rarely going to be problematic in your analysis right it'll be easy to see whether it's in writing whether it's signed by the grantor and whether the deed identifies the grantor and grantee but next we have contains words of conveyance right there's no strict requirements as to what the words of conveyance have to be there's no actual language requirement right any of these will do you know a Grant's Greenacre to be a conveys Greenacre to be a transfers Greenacre to be a gives Greenacre to be any of these work right they all illustrate words of conveyance okay important to recognize remember no consideration requirements so a family member could give Greenacre to another family member by deed right that works right it's not like contract law where we need that bargained for exchange right so as long as it contains words of conveyance grant convey transfer give right there's no strict requirements there any of those will work number five right the deed must describe the perdy right so we have three kind of major techniques here we have the meets and bounds we have government surveys we have the plot or subdivision map any of these would work right the metes and bounds method is probably the most archaic right this was developed in the you know early colonists days right before we had government surveys and subdivision maps and the way that that essentially worked is you would start with a landmark rate and this is still used today which is why I'm going over it right in the eastern states mostly is where you would see this but basically you start with a landmark right it can be a natural landmark it can be an artificial landmark you know and then from there you designate points forming a polygon or forming some sort of geometric shape right it could be a square it could be anything or any geometric shape that is going to be the boundaries of the plot right so you'd be like starting at you know Johnny's cabin in the woods right then go north 200 feet then east 200 feet and then back to Johnny's cabin right yeah minimum you would need three points right to establish at least a triangle right so you could say starting at Johnny's red cabin in the woods you go north 200 feet then the boundary line extends east 200 feet and then it would be 283 feet back to the cabin right that would give you the property boundaries and that method right very archaic but still actually used that does work you can describe property in that way obviously though there's going to be problems what if you know the red cabin gets destroyed hit right how did we would how would we measure that from the deed right but that is one way that you could see that works government surveys right so basically the government has turned the whole country into basically like a giant grid of rectangles right so you can use a combination of these rectangles right where basically we have lines running north and south and east and west and it forms all of these rectangles you basically use those to kind of plot the general area and then you can use the other technique to kind of pin down a little bit more plat or subdivision that's exactly what it sounds like right where you would think about planning a community right you just lay out all the parcels of some planned community right then that gets approved by a government agency of some type and then you can be like oh parcel a in this particular subdivision right that would be a sufficient description but any of those methods right those all work as long as we do have a sufficient description of the property in question that elements going to be satisfied and finally it has to be delivered and accepted right and this is the hardest aspect of the deed analysis right are usually probably what's going to be the you know largest part of your analysis in determining whether the deed was properly executed right so again just to go through these because I know I've been bouncing back and forth the deed must be in writing be signed by the grantor identified the grantor and grantee contain words of conveyance describe the property and be delivered and accepted so the deed in order to be validly executed has to be delivered and accepted right acceptance is generally presumed right if it's real property or value we presume acceptance right and in fact usually if a person does not want to accept they have to actually disclaim the acceptance right so say somebody tries to you know by deed transfer a toxic waste dump that you don't want what acceptance is presumed until it's disclaimed right so if a person doesn't want that upon learning that they've been transferred the toxic waste dump they we just have to disclaim the acceptance right but for the most part as long as it's not like toxic waste dumps or something like that really undesirable property right most of the time acceptance is presumed and there's no problem with the acceptance analysis really what the question is is whether the deed was delivered right and it's very important to recognize that when we say delivered most people envision in their head oh so the deed has to be handed to the grantee rating that's not always the case right so when you hear the word delivery don't think oh the deed to be handed to the grantee will see that words without actions can constitute delivery right we look at the party's conduct we look at their words and their action right and what we really want to see is whether the grantor has demonstrated present intent to transfer the property right and we look at the words and actions of the parties to determine whether the grantor has demonstrated present intent to transfer the property so actions without words can constitute delivery right how does this happen well this is what people would think right so we can start though with like best-case scenario like what is the most classic delivery of a deed we'll say that I sell Greenacre right I'm conveying Greenacre to Amy right doesn't matter who I'm conveying Greenacre to Amy so I execute the deed and I Drive over to Amy's house nice hand her the deed and say congratulations Amy you're the new owner of Green acre well now we have words and actions right that's going to be clear delivery of the deed to Amy rain let's say that I was selling her green acre for half a million dollars right so let's say we have a situation where there's actions without words right so let's say that I Drive over to Amy's house and she hands me a check for half a million dollars for green acre then I hand her the deed and walk away right I don't have any actual express language that I'm delivering it to her right will that constitute delivery in that case yes we can infer from the conduct of the parties her handing me the check means handing her the deed that's delivery a classic example though you see kind of like a classic back pattern would be the deed and a box scenario say that the grantor wants to grant property to a grantee right and they do so by executing a deed right so they put the deed in writing they sign it it identifies the grand touring grantee it contains words of conveyance it describes the property so it meets all the first five elements but rather than handing it to the grantee they put it in like a lockbox they put it in a security box and maybe go put it in a at a bank somewhere like well at that moment in time when they put it in the vault in the bank right do we have delivery and the answer is on those facts alone no that's probably not delivery putting the deed in the box with no other actions is not delivery but if other actions happen right if the grantor calls the grantee on the phone and says hey I've left this deed in this box for you congratulations you're the new owner of Greenacre you can go pick up the deed whenever you want it's at this Bank right well then in that case of probably would constitute delivery or classically what you might see is the delivery of a key right maybe the grantor delivers the key to the lockbox to the grantee we say sometimes that could be evidence of symbolic delivery right when you deliver the key to the lockbox that's like symbolic delivery giving them access to where the deed is so the deed in the Box example basically if the grantor has done nothing but put it in a box right that's not enough to constitute delivery but if other actions are taken on top of that it can constitute delivery right also words without actions can constitute delivery right you can just call somebody on the phone and say congratulations you're the new owner I just executed the deed right imagine that the grantee is on vacation somewhere right so you call them on the phone wherever they are say look I just executed the deed congratulations you're the new owner right or you call their you know attorney or real estate agent whoever if there's other parties involved delivering the news right as long as they're available your age and right that'll work so you can deliver a deed with words right pure words can constitute delivery without action you don't have to physically deliver the deed in order for it to constitute delivery really important to notice right words without actions can constitute delivery or you call them on the phone and you say hey right you know I congratulations you're the new owner I just executed the deed we're good to go all of that can be considered right however right obviously we'd want to see the grantee in possession of the deed that's really strong evidence of delivery so in most states will say delivery is presumed if the grantee has physical possession of the deed so if the grantee has physical possession of the deed we do presume delivery also of the deed is recorded we presume delivery so whoever's challenging will have to rebut that presumption okay but that is the requirements of executing the deed six elements right the deed must be in writing be signed by the grantor identify the grant Turin grantee contain words of conveyance describe the property and be delivered and accepted right so those are your requirements for the deed but what happens after delivery right after closing right after the transfer of ownership remember once that deed is delivered okay that's what we call closing that's when ownership is transferred from the grantor to the grantee right what happens next well after closing remember the land sale contract merges into the deed subsequently any liability must arise out of the deed not the contract right so we talked about this in a ton of detail on our lesson and the land sale contract if you need a refresher go back and watch that lesson but remember the bigger the main idea is remember the seller has a duty to deliver marketable title to the buyer right and that's a duty that we imply in the contract stage of the purchase and sale process but once that deed is delivered and ownership is transferred from the grantor to the grantee right the contract merges into the deed so from that point forward any liability after closing has to be based on the deed and we'll see we have three types of Deeds so the liability prospective liability of the grantor is going to depend on what type of deed we have right whether it's a general warranty deed a special warranty deed or a quitclaim deed right we'll see that the general warranty deed provides the most title protection of the three to the grantee right the special warranty deed provides some title protection right the grantor warrants title against defects caused by the grantor right so let's just the special warranty deed doesn't provide as much title protection as the general warranty deed but it still provides some title protection right that's a special warranty deed the quick claim feed provides basically no title protection right the quitclaim t the grantor makes no warranties as to the health of title all right so really important to recognize what the quick claim deed because you say this tested all the time right say in the land sale contract right we have all these clause is about marketable title right we know that the seller law requires the seller to deliver marketable title to the buyer right so if there's any defects with title right during the contract phase right that can be the buyer can sue the seller for breach of that marketability right that covenant of marketability essentially but once the contract merges into the deed right if it's a quick claim deed right if the grantor is conveying a quick claim deed to the grantee once the grantee gets that deed right once the delivery occurs right once the grantee has ownership right after closing the deed has been delivered right the grantee if their turns out to be problems defects with title there's encumbrances right there turns out that the seller didn't have the title they claimed to have if any problems come up after that point the purchaser right the grantee is out of luck they have no form of recovery right against title defects with a quick claim deed right because even though the land sale contract might have had all kinds of covenants about marketability and protections against undisclosed encumbrances on the land and all of that stuff right that might have all been in the land sale contract but after closing that disappears the land sale contract merges into the deed if it merges into a quick claim deed right well now the grantor has made no warranties as to the health of title right so you're basically taking the property as is right so that's a huge risk for the purchaser to basically take a quick claim deed right because if there's defects in the title they're gonna have no recovery from that point Ford from the time of closing moving forward now if we're before closing right the deed has not been delivered right you have to go back and watch that lesson on marketable title they're still going to be some remedies available until closing happens but once the deed is delivered if it's a quick claim deed right well now the grant team is going to have basically no title protection from the Grand Tour if it's a quick claim deed if it's a general warranty deed or special warranty deed we'll see that there's a lot of implied covenants that provide all kinds of title protection right so if it's a general warranty deed or special warranty deed even after closing hey well now we know the liability has to be based on the deed well general warranty and special warranty deeds have all these protections built into them right so there's probably still going to be a way that the grantee can have some protection against title defects if we have a general warranty or special warranty deed all right again general warranty deeds provide the most protection like the Grand Tour warrants title against all defects special warranty deeds would be Grand Tour warrants title against defects caused by the Grand Tour so basically with a special warranty deed the title defect has to be the fault based on an act or omission by the Grand Tour right the Grand Tour has to be responsible for the title defect if something happened outside the control of the Grand Tour that resulted in a title defect if it's a special warranty deed right the grantee is not going to be able to sue for breach of any of these covenants because it wasn't the fault of the Grand Tour right that would be a special warranty d a general warranty deed it doesn't matter right grantor warrants title against all defects so even if the grantor had nothing to do with whatever caused the title defect we're going to talk about some of them as we work through this even if the grantor had nothing to do with the defect in title if it's a general warranty deed doesn't matter grant or warrants title against all defects right and we'll see it can be present effects right defects that are basically existing at the time of delivery of the deed and future defects that could arise down the line right so there's six implied covenant contained in general warranty deeds and special warranty deeds right these are all protections against title defects remember we talked about this in the land sale contract essentially when you're purchasing property you're purchasing title right you're purchasing a little piece of paper that says you hold title to this property so there's a ton of risk there what if there's defects in the title what if you just spent half a million dollars to buy a piece of paper right and the person you bought the piece of paper from didn't even have title to begin with now you basically spent half a million dollars to buy a piece of paper that is meaningless it's worthless right because that person didn't have title they couldn't sell you title right so now you just purchased a piece of paper for half a million dollars it's worth nothing right if that happens and it was a quick claim deed right you're out half a million dollars or you have no recovery against the grantor if it's a click if it's a quitclaim deed now if it was a general warranty or special warranty deed well there's all these protections right if there were title defects we do have these protections built thank you so much for watching this video preview of our legal education accelerator program or leap for short if you would like to see the conclusion of this video and gain full access to our entire 1l and 2l video library integrated outlines streamable audio versions additional practice exams with explanations and much more we invite you to head over to our website and join the thousands of law students who have already enrolled to get started with your no risk free trial today simply click the link in the description box below or visit .flashmavi.com for [Music] hi everyone my name is Serena and I'm currently a law student at South Texas College of Law Houston hi everybody my name is Shiva and I'm currently a law 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