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Sabkuch Legal is an online legal portal to cater to all legal requirements of individuals, MSEs, Start-ups as well as corporations. It is a brainchild of Mr. Rajiv Sarin, a renowned name in the field of law having over thirty years of experience working with organizations such as Coca Cola, Unilever and HCL

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Property Registration

Buying a property is a significant investment for a person, as a lot of hard-earned money is put into it. Thereby it is crucial for the buyer to know the process of registering the property in his/ her name, it helps the buyer to gain the legal rights over the property and avoid any disputes over the title.

According to Section 17 of the Registration Act, 1908, all transactions that involve the sale of an immovable property for a value exceeding Rs 100, should be registered. All the transactions of sale of immovable property have to be registered, as no immovable property can be purchased for merely Rs 100.

Apart, from the cost of the property, you will have to consider the amount you will land up paying to get your property registered. Both property registration fees and stamp duty charges can be 7% to 10% of the total property cost, depending on the state the property is in and the type of purchase. In most cities and towns in India, 1% of the property value is charged as registration fees. Apart from these charges, you will be charged cess and a nominal surcharge

Property registration fees vary from one state to another. It also depends on whose name the property is going to be registered. The state government gives a discount on the registration fees for women and senior citizens.

The property documents that need to be registered, should be submitted to the office of the Sub-Registrar of Assurances within whose jurisdiction the property, which is the subject matter of transfer, is situated.

Failure to register the purchase agreement of a property could put you at a huge risk. Any document that is mandatorily required to be registered but is not registered, cannot be admitted as evidence in any court of law.

Ways of acquiring an immovable property –

  • By way of inheritance
  • By way of will
  • Through purchase
  • Grant by the government or court
  • Through gifts, trusts, etc.

Procedure for Property Registration in India –

The registration of property in India has become quite simple with the new computerized system for property registration.

  • Verification of Property Title
  • Property Value Estimation
  • Preparation of Stamp Papers
  • Meeting with Sub-Registrar for Registration
  • Payment of Stam Duty & Registration Charges
  • Finalization of the Purchase / Seale / Gift / Inheritance Deed
  • Submissions of Documents
  • Verification of Documents & Agreements
  • Completion of Registration
Frequently Asked Questions
What if one fails to register the property transaction?

Property transactions that are not registered do not have legal validity. Unless a property is registered in your name, you are not its legal owner, even if you are occupying the space.

Can the sub-registrar reject my registration application?

The sub-registrar can refuse to register your property if:

  • The language is not comprehensible: If a document is written in a language which the registering officer does not understand, he may refuse to register the document. Such a document must be accompanied by a translation into a language commonly used in that area.
  • Documents contain interlineations, blanks, erasures or alterations: The registering officer may refuse to register documents that have interlineation, blank spaces, erasures or alterations.
  • If details of property maps or plans are not provided: Documents relating to immovable property are not accepted for registration unless these contain a description of such property sufficient to identify the same.
Whether any person can write deeds and present for registration. Shall that deed be legally accepted?

Yes. Any person executing an instrument, i.e., seller or buyer can write any instrument of transfer of property.