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Registration of Property


Overview

Buying a property is a significant investment for a person, as much hard-earned money is put into it. It is important for the buyer to know the process of registering the property in his/ her name. It helps the buyer to gain legal rights over the property and avoid any disputes over the title. According to Section 17 of the Registration Act of 1908, all transactions involving the sale of 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 property's cost, you will have to consider the amount you will have to pay towards registration of your property. Both property registration fees and stamp duty charges can vary depending on the state where the property is located 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 considerable risk. Any document that is mandatorily required to be registered but is not registered cannot be admitted as evidence in any court of law. The unregistered document can be impounded by the authority and huge penalty up to 10 times the original stamp duty fee can be imposed.

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 Stamp Duty & Registration Charges
  • Finalization of the Purchase / Sale / Gift / Inheritance Deed
  • Submissions of Documents
  • Verification of Documents & Agreements
  • Completion of Registration

Procedure

procedure for property registration

Frequently Asked Questions

What are the documents required for registration of Sale Deed

To register a Sale Deed, the Seller is required to present the following documents:

  • Aadhar card
  • Ownership chain
  • Proof of ownership of property, in original
  • Two passport size photos
  • Another government ID proof: driving license, voter ID card or passport

The Buyer, on the other hand, is needed to present the following documents:

  • Government ID proofs mentioning the permanent address. For example, driving license and voter ID card. The PAN card can be used as photo ID proof, but as it does not mention the address, a tenant must submit a copy of the documents mentioned above
  • Aadhar Card
  • Two passport size photographs

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. A translation must accompany such a document into a language commonly used in that area.
  • The registering officer may refuse to register documents that have interlineation, blank spaces, deletions, earasures or changes.
  • 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 property transfer.

Why Choose Us

Why Choose Us for Registration of Property

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