If you are considering buying the property in Assam and want to know more about property Registration
Buying a property is never easy. One has to look at several aspects of it, of which the property’s legalisation and registration are considered the most important.
Registration of property is a complete and final agreement between the two parties – buyer and seller. After the completion of registration, the person in whose name the registration is done is declared the legal owner of the property. It is also responsible for it in all aspects once the registration has been done in their name. It is an essential and hassles task at the same time.
Every state in India has different ways of property registration, and so does Assam. Assam, a state in the North-East of India, has its own rules, regulations, and procedures for property registration.
The process of property registration is governed by the Registration (Assam Amendment) Act, 1908. The process involves several steps, including deeds preparation, property registration fees for the deed is legally recorded, and payment of applicable stamp duty. The registration of property/deed registration in Assam is managed by the Inspector General of Registration, Revenue & Disaster Management Government of the state.
Registration (Assam Amendment) Act, 2013
Registration (Assam Amendment) Act, 2013 provides information about registering deeds (documents), legal rights, and obligations about the particulars of immovable property.
Section 17 of Registration Act – Compulsory Deed Registration
The different categories of the documents for which registration is mandatory are governed by Section 17 of the Registration Act (Assam Amendment). The deeds/documents that are needed to be compulsorily registered are listed below:
- Lease of immovable property of any terms exceeding one year or from year to year
- Instruments that extinguish a title to the property of value above one hundred rupees
- Instruments of the gift of immovable property
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Section 18 of Registration Act – Deed Registration Optional
The deeds/ documents for which registration is optional are governed by Section 18 of the Registration (Assam Amendment) Act and are as below.
- Lease of immovable property for less than 12 months (1 year)
- Instruments transfer any court order where the subject matter is immovable property, the Value of Land of which should be less than one hundred rupees.
- Instruments acknowledge payment of any consideration.
- Instruments other than wills and gifts relating to the transfer of immovable property, the value of which should be less than Rs.100
Assam Property Registration Purpose
- Assam property registration informs the public that the ownership title has been transferred to the new owner.
- Anyone can check the property registration public records and obtain a copy of the registered deeds.
- According to the provisions of the Assam registration act: the rights, title, or interest can only be acquired if the deed is registered.
- Once registered with the appropriate office, the document/deed becomes a permanent public record.
- Property registration/deed registration allows any citizen to check to see if the property has been previously encumbered before purchasing it.
- If a person wishes to purchase immovable property in Assam, the record index provided at the registrar’s office can be verified. In addition, the citizens can find out whose name the last transfer of paperwork was recorded in.
If the immovable property is not registered according to the Assam Registration Act, such estate won’t be allowed to be used as evidence in a legal proceeding.
Required Documents
- NOC from GMDA/Permission from Municipality
- Application form of Assam Property Registration
- NOC from the DC
- Original deed in stamp paper with stamp assessment
It takes about 15 days from the date of application submission for the property registration to be complete in Assam. The relevant documents/deeds are given for registration in the Sub-Registrar’s office, located in the District, Sub-district, or circle level where the entire property/land is situated.
Stamp Duty
A type of tax paid at the time of Assam Property Registration is called Stamp Duty. This payment of statutory tax acts as evidence for any purchase of immovable property or land or registration of the deed in Assam. Stamp duty is calculated based on the market value or a sizable portion of the land, whichever is higher.
Stamp Duty and Registration Fee Assessment Procedure
Step 1 To know the stamp duty rate and Registration fee, the applicant has to go to the home page of the Assam Revenue Department and then click on the option of Legal Document. It will redirect you to the e-Panjeeyan page.
To determine the rate of stamp duty, provide the information below:
- Security Question
- Deed Category
- Deed Sub-category
The following details are required when deeds involving real estate (such as the sale or gift of real estate or an apartment):
- Amount of Consideration (In Rupees)
- Purchaser Information
- Location of Land or Flat
Step 2 Once you have submitted the form after filling in the details mentioned above, the screen will display the details of Assam Property Registration and Stamp Duty.
Deed Preparation
The document deed is prepared before applying for the Assam Property Registration. Executors prepare a deed or other document for registration or through document writers by paying the necessary cost.The fee for writing a deed is determined by the property’s value mentioned in the deed or document.
A deed submitted for registration must be written in a dialect widely spoken in the district, which must be located in Assam. Unless an exact translation of the report into the language widely spoken in the area is provided, the sub-registrar is empowered to refuse to register the immovable property if the language specified in the document is not commonly spoken in the Assam districts.
Process for Registering Deed through SRO
Before applying for Assam property registration: https://igr.assam.gov.in/portlets/property-registration, you must pay stamp duty and the registration fee. You will receive an e-Stamp paper after successfully paying the registration cost, which you must attach to your application.
Step 1 Go to the Sub-Registrar’s office along with the duly filled application form of Assam Registration Property and several other documents attached to it to submit it to SRO.
Step 2 A payment slip is given to you after you have submitted the application form and the application is processed. The slip has a slot date for going to the SRO for verification and a unique number.
You can also schedule a visit to the SRO office online by going to the homepage of e-panjeeyan and then selecting the option of Apply for Deed Registration. A new page will appear on the screen, and you must fill in the required details and click on submit. An SMS will be sent to you with your selected time and date for the verification process at SRO.
Step 3 Reach the SRO on the appointment date at your time slot, along with original documents. The Sub-Registrar will verify the examination of proper stamp duty, review of Registration Charges, Documents verification, and oral confirmation of Transaction, and the entries made by the clerk.
Step 4 The SRO will update information in the land records the Assam government keeps after verifying the application. The deed will be returned, and the SRO’s reasons for rejecting the application for deed registration will be revised.
Step 5 The deed will be retrieved into the revenue records once the sub-registrar has marked it. The document data and photographs of the buyer, seller, witnesses, and identifiers will be registered. (Anyone above the age of 18 who is not a party to the property may sign as a witness)
Step 6 After receiving both parties’ signatures and biometrics, the SRO officer will regularise the party details form (buyer and seller).
Step 7 SRO will register the property and update information in online land records upon verification.
The office of the relevant sub-registrar can provide the registered deed or records of rights.
Conclusion:-
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