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Property

Gujarat Property Registration

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Property registration in Gujarat is a process of registering the ownership of a property with the government. This process is mandatory for all properties, whether residential, commercial, or agricultural. The registration process is carried out by the Inspector General of Registration and Superintendent of Stamps, Gujarat.

There are two ways to register a property in Gujarat: online and offline.

Online Registration

The online registration process is available through the Garvi portal (https://garvi.gujarat.gov.in/). To register online, you will need to create an account and provide the following information:

  • Details of the property, such as the location, size, and type
  • Details of the seller and buyer
  • The sale deed
  • The stamp duty and registration fees

Once you have submitted all of the required information, the Garvi portal will generate a registration number. You can then use this number to track the progress of your registration.

Offline Registration

The offline registration process can be done at any sub-registrar office in Gujarat. To register offline, you will need to submit the following documents:

  • The sale deed
  • The property card
  • The encumbrance certificate
  • An affidavit stating that the property is free from any legal disputes
  • The stamp duty and registration fees

Once you have submitted all of the required documents, the sub-registrar will verify them and then register the property.

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Registration (Gujarat Amendment) Act, 2013

While there was a Registration (Gujarat Amendment) Bill, 2013, it did not become law. The bill was introduced in the Gujarat Legislative Assembly but was not passed. However, there have been subsequent amendments to the Registration Act in Gujarat in 2018 and 2020 that have incorporated some of the provisions that were originally proposed in the 2013 bill.

Registration (Gujarat Amendment) Act, 2018

  • E-registration: This amendment made it possible to register documents electronically. This has made the registration process more convenient and efficient.
  • Power of attorney: This amendment introduced new provisions to regulate the use of power of attorney for property transactions. This was done to prevent fraud and misuse of power of attorney.

Registration (Gujarat Amendment) Act, 2020

  • Fraudulent practices: This amendment introduced new penalties for fraudulent practices in registration, including those committed through electronic means.
  • Misuse of power of attorney: This amendment also introduced new penalties for the misuse of power of attorney for property transactions.

Section 17 Registration (Gujarat Amendment) Act – Compulsory Registration

Section 17 of the Registration (Gujarat Amendment) Act outlines which types of deeds must be registered under the law. Think of it as a “play it safe” list, ensuring legal validity and clarity for certain crucial transactions. Here’s what falls under this category:

  • Property Deals: Any document extinguishing or creating a title to immovable property worth over Rs. 100 needs registration. This includes gifts, sales, and exchanges of land and buildings.
  • Long-Term Leases: Leases for immovable property exceeding one year or on a year-to-year basis also require registration.

Section 18 of Registration (Gujarat Amendment) Act

Section 18 of the Act deals with deeds where registration is not mandatory but can be beneficial for added security. Think of it as an “extra insurance” option. Here are some examples:

  • Small Property Deals: For immovable property transactions below Rs. 100, registration is optional.
  • Short-Term Leases: Leases for less than one year can be registered for added security, but it’s not required by law.
  • Payment Acknowledgements: Documents acknowledging payment for any consideration, even if related to property, can be registered for documentation purposes.
  • Court Orders Transferring Property: Orders or decrees from a court transferring immovable property worth less than Rs. 100 can be optionally registered.

Purpose of Gujarat Property Registration (Deed Registration)

The purpose of property registration in Gujarat, or deed registration, goes beyond just creating a legal record. It serves several crucial functions for both individuals and society as a whole.

For Individuals

  • Proof of Ownership: The registered deed acts as legal documentation, establishing your ownership of the property and protecting you from any future claims of disputed ownership. It serves as a vital piece of evidence in case of legal disputes.
  • Enhanced Security: Registration makes it transparently clear who owns the property, deterring fraudulent transactions and reducing the risk of property theft or illegal sale. This provides peace of mind and protects your investment.
  • Facilitates Transactions: A registered property serves as a valuable asset that can be used for financial transactions like obtaining loans or using it as collateral. Banks and other lenders are much more likely to offer favorable terms for registered properties.
  • Streamlines Future Transfers: When the time comes to sell or transfer the property, having a registered deed makes the process much smoother and simpler. There’s less ambiguity about ownership and legal claims, leading to a faster and more secure transaction.

For Society

  • Transparency and Public Record: Public access to property registration records fosters transparency in land ownership and transactions. This helps prevent fraud, corruption, and illegal land dealings.
  • Taxation and Revenue: Registered property allows the government to accurately assess and collect property taxes, contributing to state revenue and public services.
  • Urban Planning and Development: Property registration data provides valuable information for urban planning and development initiatives, ensuring efficient resource allocation and infrastructure development.
  • Dispute Resolution: In case of property disputes, registered deeds serve as essential evidence for legal proceedings, aiding in faster and fairer resolution of conflicts.

Gujarat property registration serves a crucial role in safeguarding individual rights, ensuring transparency and fairness in land dealings, and contributing to the overall development and stability of the state.

Prescribed Authority

The registration of the deed must be carried out at the office of the Sub-Registrar within the sub-district where the entire portion of the land/property, as mentioned in the report, is located.

Documents Required

For Gujarat property registration, the necessary documents are outlined below:

No. Document Details
1 Input Sheet Details of the document with the signatures of concerned parties (Owner & Buyer)
2 Application form (No. 1) If the document falls under section 32-A of the Gujarat Stamp Act, 1958, to determine the market value of the property
3 Proofs of identity Executing and claiming parties, as well as witnesses
4 Proofs of ownership right Proof of ownership right of the property
5 Instrument of power of attorney Original and true copy, if the document is signed or presented using it

Stamp Duty for Gujarat Deed Registration

The stamp duty rates for registering the sale or conveyance deed of immovable property in Gujarat are as follows:

S.No Stamp Duty Description Rate
1 The basic rate of Stamp duty 3.50 percent
2 Surcharge at the rate of forty percent 1.4 percent
on the basic rate
3 Total Stamp duty 4.90 percent

Stamp duty of Rs. 4.90 is payable for every Rs. 100 for Gujarat Property Registration.

User Registration Fee

For online property registration in Gujarat, along with the stamp duty, an applicant must pay a registration fee to the government for maintaining ownership records. The basic rate of the Registration Charge is 1.00 percent.

  • Registration charge is not applicable if the sale is executed in favor of the female buyer.
  • For more than one buyer for a single property, all buyers should be female to avail the waiver of registration charge.

Additional charges for registration are as follows

  • Professional fees are applicable at Vakilsearch
  • Fees are subject to change
  • Folio fees of Rs. 10 per page or at the rate as revised by the government from time to time.
  • Index fees of Rs. 50 per copy.

Prepare a Deed

Before initiating the Gujarat property registration process, it is essential to prepare the required document deed. The deed can be drafted either personally by the executants or through deed writers, who charge a fee based on the property’s specified value in the document.

The language used in the deed presented for registration must be in a commonly used expression in the district located within Gujarat. Note that the Registrar has the authority to refuse property registration if the language in the deed is not commonly used in Gujarat districts, unless an accurate translation in the widely used language in the region accompanies the report.

Download Deed

To obtain the deed format for property registration in Gujarat, visit the official website of the Inspector General of Registration. Navigate to the Model Draft option on the home page, and the link will redirect to a new page.

On the new page, download the required deed format, based on the type of transaction involving immovable property.

After obtaining the suitable deed format, fill in the details, scan the documents in PDF format, and use them for online Gujarat property registration.

Application Procedure for Gujarat Property Registration

Access the GARVI Web Portal

  • Visit the official website of GARVI – Inspector General of Registration (IGR)-GUJARAT.
  • Click on the Public Data Entry option from the main page, redirecting to a new page.
  • After reading the instructions on the new page, click on “I Agree” to enable the Pre Registration of Public Data Entry button for further processing.
  • The application form for Pre Registration of the property will be displayed. For new registration, select the District and SRO Office, or for modifying old data entry, provide the 13 Digit Code and password.
  • After providing details, click on “Submit Registration Details.”

Details of Document for Registration

  • Once the registration is completed, fill in all details of the document for property registration.

Get Market Value & Stamp Duty

  1. Click on “Calculate Market Value & Stamp Duty” to display the corresponding market value and stamp duty according to the property details.
  2. Click on “Get Market Value & Stamp Duty” from the calculate stamp duty page to auto-fill the calculated values in the application page. After providing details, click on ‘Save and Go to Next Page.’

Details of Property

  1. Provide details such as District, Taluka, Village area of the Property, Survey number, TP-FP Number, City Survey Number, Block Number, Land area, Construction area, and Construction year.
  2. After providing details, click on “Calculate Market Value” to get the details as per the furnished information.

Details of Parties

  1. Provide details of the party, including name, Flat number, address, Aadhaar card number, and identity proof. After providing details, click on the next button to make payment.

E-payment through Cyber Treasury Portal

  • In a new page, the calculated stamp duty and the registration fee will be displayed. After verification, perform the payment through various methods: Payment of Stamp Duty alone, Payment of Registration Fee alone, or Payment of Both Stamp Duty and Registration Fees.
  • Click on “Cyber Treasury GUJARAT Payment” button to proceed for e-Payment of Stamp Duty and Registration Fees online.
  • After a successful payment, obtain an e-Challan copy by clicking on “Print e-Challan” option. Provide e-Challan details in the application and take a printout for future reference.

Book Time Slot

  • After payment, make an appointment to visit the SR office to complete document registration. Click on ‘Registration Appointment Schedule for Citizen’ option from the home page.
  • The link will redirect to a new page, and by clicking on “I agree,” the Registration Appointment Scheduler will be enabled.
  • Provide details as per the entered information during document registration, including District, SRO Office, Area/Village name, Nature of Document, Consideration Amount, Stamp Duty details, and ID Proof.

Upload Documents

  1. Upload necessary documents for time slot booking, including Used Stamp Paper, Location or Schedule of Property, and Name and Signature pages of Buyer and Seller.

Select Date

  • After providing all required details, select the date from the calendar to visit the Sub Registrar Office for property registration.
  • After selecting the convenient date, the system will automatically allot the first available slot on the selected date.
  • Modify the time slot if needed, and after modification, click on the “Book Time Slot” option.

Get Appointment Scheduler ID

  • In a new window, a message will display the Appointment Scheduler ID (13 digits). Note down the Appointment Scheduler ID for future reference.
  • Click on the print option to obtain a hard copy of the acknowledgment slip.

Status of Appointment Scheduler

  • Track the status of the appointment scheduler by clicking on “Click here to know the status” from the home page of GARVI.
  • In the new window, enter the 13-digit Appointment Scheduler ID and click on “Get Status” to display the status.

Approach SRO Office

  1. On the allotted date, visit the concerned Sub Registrar Office with the stamp certificate, e-challan, and acknowledgment slip. The Sub Registrar officer will verify documents, conduct oral verification of the transaction, check entries made, examine stamp duty payment, and e-challan.
  • Documents verification
  • Oral verification of Transaction
  • Checking of entries made by you
  • Examination of stamp duty paid and e-challan

2. Upon verification, the SRO will update details in Gujarat Land records. If the SRO rejects the application, the reason for rejection will be updated online through the portal.

Recording Photo and Bio-Metrics

  1. Once the Sub-Registrar marks the deed, it will be fetched into the Gujarat land

records, and the photograph of the buyer, seller, witnesses, and identifiers will be recorded in the system.

Sub-Registrar officers will regularize the party details form by obtaining the sign and biometrics of the buyer and seller.

Get Registered Deed

After verification, the registered deed will be uploaded to the portal. You can download the registered document from the website.

From the GARVI webpage, click on “View and Print Your Uploaded Document” option.

Provide details of the document, verification code, and mobile number. By clicking on the print option, you can get the registered deed. After Gujarat property registration, you need to mutate the records of registered property.

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