Property Registration in Delhi

Last Updated at: May 16, 2020
747
Property Registration in Delhi

Whether you have a large mansion, a small cottage in the middle of a forest, a busy city apartment, or a vacant plot – it is important to establish your ownership over it. This is established by registering your property and helps avoid confusion, litigation, and disputes at a later stage. In a world of legal complexities, costs, and multiple laws applying to properties, we bring to you a detailed discussion on how to get your property registered. This article is focused exclusively on property registration in Delhi NCT. 

  1. Why is the registration of property important? 

  2. Stamp Duty payable in Delhi

  3. Registration charges in Delhi 

  4. What documents should you look at, before buying the property? 

  5. Documents required for Property Registration in Delhi

While considering buying property, one of the most important steps is to check and verify the owner’s title in the property. Once you’ve bought your dream house, it is imperative to get the property registered in your name for several purposes. Here are some of the advantages of getting your property registered 

  1. Once the documents are filed in your name and the requisite stamp duty is paid in the Registrar’s office, the same property cannot be sold to anyone else. A simple search would yield your name as the owner of the property, and any previous owner cannot defraud another buyer. 
  2. It serves as conclusive ownership of the land and the building if any on it, and the state guarantees your right to the property. 
  3. Future dealings in the property are faster and efficient. You will not have to submit pre-sales agreements or other dealings with the seller 
  4. You get access to civil rights that guarantee the enjoyment of the property. So, any trespasser or intruder can be proceeded against. 
  5. The property registered in your name can be easily gifted, assigned, or sold by you. 

Stamp Duty payable in Delhi

Stamp duty is a kind of fee collected by the state government for properties under its jurisdiction. The stamp duty applies to several kinds of properties such as agricultural, independent houses, flats, townships, commercial units, etc. The percentage of stamp duty that levy varies in different states and the rates will be reviewed in January every year. The stamp duty payable has a calculation as a percentage of the property value. In certain states, the stamp duty differs for men and women and reckon based on the gender of the person in whose name the property has registration. This aim has encouraging ownership of property by women. For women in Delhi, the duty is at 4% and for men, the Delhi government charges 6%. Additionally, for joint ownership of property, this rate is at 5%. 

For reckoning the stamp duty, the Delhi government uses the “circle rates”. It has divided the properties in the whole of Delhi city into 8 categories – Category A, Category B, Category C, Category D, Category E, Category F, Category G, and Category H. Most expensive localities of Delhi are part of Category A while Category H has the lowest value areas of the city. 

Registration charges in Delhi 

According to Section 17 of the Indian Registration Act, 1908, it is mandatory to register the documents regarding the transfer, sale, or lease of property. Over and above the stamp value, registration charges have to be paid by the purchaser of the property. This has reckone at the rate of 1% of the market value or the value that agree between the buyer and seller, whichever is higher. 

The registration of property also requires the presence of two witnesses and photographs of the property. 

What documents should you look at, before buying the property? 

Almost 60% of cases in civil courts in India have a trace to a property dispute. We have all been privy to news reports on fraudulent property transfers, loan defaults, and inexistent properties on sale. To avoid future legal struggles, here are the documents you should verify before buying the property:

The title deed of the seller

These documents would establish that the seller or owner of the property possesses the legal ability to sell it to you. It confirms his title in the property.

Register Your Company

Encumbrance certificate

An encumbrance refers to a charge or a loan on the property. Even if the loan is not for the property if the same has as collateral security in a bank or a lending institution, your property is subject to a forfeit by the bank. Hence, it is advisable to check for any prior encumbrances on the property. 

Building plan approval from municipal authorities

The municipal corporation specifies guidelines on the built-up area and also imposed restrictions on certain types of constriction. To ensure that the house you’re buying conforms to these specifications, you must ask the seller of the house for its building plan approval document. 

Tax dues 

It’s a good idea to check for any pending tax dues on the property. For Delhi, this amount has a check from online on the Delhi Online Registration Information System page. 

Registration of Property in Delhi

Before we move on to describe the process of registration of property in Delhi, it is important to note that the process can be done online as well as offline. However, even though the online mode, you will have to take print outs of all documents to the revenue department’s Sub-Registrar for your area. The documents required remain the same for both online and offline modes. 

Documents required for Property Registration in Delhi 

  • Two passport size photographs of both copies of the sale deed of buyer and seller 
  • E-Registration fee Receipt of Registration fee with undertaking / Affidavit
  • E-stamp paper of requisite value 
  • If the transaction is for more than ₹5 lacs, a self-attested copy of Pan Card or Form 60
  • Original ID Proof of the concerned Parties (Seller, Purchaser, and Witness) like voter card, pan card. Passport, Driving License, Aadhar Card and in case of companies, power of attorney/board resolution

To register your property located in Delhi online, here are the steps to follow 

Step 1

Create an online deed. This can be done by accessing the Delhi registration portal and choosing the Deed Writer option from the tabs available on the home page. 

Step 2

You can choose the type of agreement – mostly – it would be a “sale”, however, if you’re gifting your property or setting it up for lease, you can alter your choice accordingly. 

Step 3

Choose the location of the property and add relevant details of the parties to the agreement – the seller and the buyer details as well as details of the witnesses. You will also have to enter the consideration value of the property. 

Step 4 

You can calculate the stamp duty payable directly based on the circle rates in Delhi, at the website by choosing the designated office of the registrar within which your property lies. 

Step 5

Creating an e-stamp paper of the requisite value. You can do so online from a website such as the Stock Holding Corporation of India, directly here 

Step 6

Fixing an appointment with the revenue department in charge of your area. This can be done automatically by using the portal. Here, you will need to enter details of the locality and deed type. Check the box on all documents being ready. 

After getting an appointment, you will have to physically meet the revenue register with requisite documents and their Xerox copies as mentioned above at their facilitation counter. You may also reschedule your appointment. Do take the acknowledgment receipt with the tracking number. This can be useful in checking the status of the application online. 

 

 

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Property Registration in Delhi

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Whether you have a large mansion, a small cottage in the middle of a forest, a busy city apartment, or a vacant plot – it is important to establish your ownership over it. This is established by registering your property and helps avoid confusion, litigation, and disputes at a later stage. In a world of legal complexities, costs, and multiple laws applying to properties, we bring to you a detailed discussion on how to get your property registered. This article is focused exclusively on property registration in Delhi NCT. 

  1. Why is the registration of property important? 

  2. Stamp Duty payable in Delhi

  3. Registration charges in Delhi 

  4. What documents should you look at, before buying the property? 

  5. Documents required for Property Registration in Delhi

While considering buying property, one of the most important steps is to check and verify the owner’s title in the property. Once you’ve bought your dream house, it is imperative to get the property registered in your name for several purposes. Here are some of the advantages of getting your property registered 

  1. Once the documents are filed in your name and the requisite stamp duty is paid in the Registrar’s office, the same property cannot be sold to anyone else. A simple search would yield your name as the owner of the property, and any previous owner cannot defraud another buyer. 
  2. It serves as conclusive ownership of the land and the building if any on it, and the state guarantees your right to the property. 
  3. Future dealings in the property are faster and efficient. You will not have to submit pre-sales agreements or other dealings with the seller 
  4. You get access to civil rights that guarantee the enjoyment of the property. So, any trespasser or intruder can be proceeded against. 
  5. The property registered in your name can be easily gifted, assigned, or sold by you. 

Stamp Duty payable in Delhi

Stamp duty is a kind of fee collected by the state government for properties under its jurisdiction. The stamp duty applies to several kinds of properties such as agricultural, independent houses, flats, townships, commercial units, etc. The percentage of stamp duty that levy varies in different states and the rates will be reviewed in January every year. The stamp duty payable has a calculation as a percentage of the property value. In certain states, the stamp duty differs for men and women and reckon based on the gender of the person in whose name the property has registration. This aim has encouraging ownership of property by women. For women in Delhi, the duty is at 4% and for men, the Delhi government charges 6%. Additionally, for joint ownership of property, this rate is at 5%. 

For reckoning the stamp duty, the Delhi government uses the “circle rates”. It has divided the properties in the whole of Delhi city into 8 categories – Category A, Category B, Category C, Category D, Category E, Category F, Category G, and Category H. Most expensive localities of Delhi are part of Category A while Category H has the lowest value areas of the city. 

Registration charges in Delhi 

According to Section 17 of the Indian Registration Act, 1908, it is mandatory to register the documents regarding the transfer, sale, or lease of property. Over and above the stamp value, registration charges have to be paid by the purchaser of the property. This has reckone at the rate of 1% of the market value or the value that agree between the buyer and seller, whichever is higher. 

The registration of property also requires the presence of two witnesses and photographs of the property. 

What documents should you look at, before buying the property? 

Almost 60% of cases in civil courts in India have a trace to a property dispute. We have all been privy to news reports on fraudulent property transfers, loan defaults, and inexistent properties on sale. To avoid future legal struggles, here are the documents you should verify before buying the property:

The title deed of the seller

These documents would establish that the seller or owner of the property possesses the legal ability to sell it to you. It confirms his title in the property.

Register Your Company

Encumbrance certificate

An encumbrance refers to a charge or a loan on the property. Even if the loan is not for the property if the same has as collateral security in a bank or a lending institution, your property is subject to a forfeit by the bank. Hence, it is advisable to check for any prior encumbrances on the property. 

Building plan approval from municipal authorities

The municipal corporation specifies guidelines on the built-up area and also imposed restrictions on certain types of constriction. To ensure that the house you’re buying conforms to these specifications, you must ask the seller of the house for its building plan approval document. 

Tax dues 

It’s a good idea to check for any pending tax dues on the property. For Delhi, this amount has a check from online on the Delhi Online Registration Information System page. 

Registration of Property in Delhi

Before we move on to describe the process of registration of property in Delhi, it is important to note that the process can be done online as well as offline. However, even though the online mode, you will have to take print outs of all documents to the revenue department’s Sub-Registrar for your area. The documents required remain the same for both online and offline modes. 

Documents required for Property Registration in Delhi 

  • Two passport size photographs of both copies of the sale deed of buyer and seller 
  • E-Registration fee Receipt of Registration fee with undertaking / Affidavit
  • E-stamp paper of requisite value 
  • If the transaction is for more than ₹5 lacs, a self-attested copy of Pan Card or Form 60
  • Original ID Proof of the concerned Parties (Seller, Purchaser, and Witness) like voter card, pan card. Passport, Driving License, Aadhar Card and in case of companies, power of attorney/board resolution

To register your property located in Delhi online, here are the steps to follow 

Step 1

Create an online deed. This can be done by accessing the Delhi registration portal and choosing the Deed Writer option from the tabs available on the home page. 

Step 2

You can choose the type of agreement – mostly – it would be a “sale”, however, if you’re gifting your property or setting it up for lease, you can alter your choice accordingly. 

Step 3

Choose the location of the property and add relevant details of the parties to the agreement – the seller and the buyer details as well as details of the witnesses. You will also have to enter the consideration value of the property. 

Step 4 

You can calculate the stamp duty payable directly based on the circle rates in Delhi, at the website by choosing the designated office of the registrar within which your property lies. 

Step 5

Creating an e-stamp paper of the requisite value. You can do so online from a website such as the Stock Holding Corporation of India, directly here 

Step 6

Fixing an appointment with the revenue department in charge of your area. This can be done automatically by using the portal. Here, you will need to enter details of the locality and deed type. Check the box on all documents being ready. 

After getting an appointment, you will have to physically meet the revenue register with requisite documents and their Xerox copies as mentioned above at their facilitation counter. You may also reschedule your appointment. Do take the acknowledgment receipt with the tracking number. This can be useful in checking the status of the application online. 

 

 

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Avani Mishra is a graduate in law from the National Law Institute University, Bhopal. She qualified the Company Secretary course with an All India Rank 1 and is a recipient of the President’s Gold Medal for her academic distinctions. She also holds a B.Com degree with a specialization in Corporate Affairs and Administration.