There is now a Computerised System that can be used to carry out the process of Bhumi Registration. As a result, middlemen are removed from the process, as well as the valuation of the documents is made transparent.
Introduction to Bhumi Registration
Online Bhumi Registration in India is governed by Section 17 of Registration Act, 1908. This Act is applicable to the whole of India except the state of Jammu & Kashmir.
It refers to registering the changes in ownership and transactions related to the land/ immovable property. To guarantee the legal title of land/immovable property that is just purchased it must be registered with the concerned authority.
Registration of property contains certain benefits such as easy settlement of disputes if any issue arises with respect to the ownership of that property at any later stage. The risk of fraud can be strictly curtailed. Also the public records help the government in conducting censuses, surveys and maintenance of any other useful public database.
Establishment of Bhumi Registration
The Establishment of the is covered in Part II of the Act. It makes it clear that Bhumi Registration is a state activity. Each State Government appoints an Inspector-General. There is a Registrar in each district and a Sub-Registrar in each sub-district. For the purposes of this Act, the State Government shall provide the books necessary for every registering officer.
Registrable Documents
- Part III of the Act deals with Registrable documents. Section 17 makes compulsory to register certain documents whereas Section 18 does not make mandatory Bhumi Registration of certain documents.
- Documents of which registration is compulsory (Sec.17)
- Gift deed (of immovable property);
- Other Non-Testamentary instruments that contains value of not less than ₹100;
- Non-Testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such rights, title or interest ;
- Lease deed (reserving rent for 1 year or of any term exceeding 1 year)
- Transferring of any decree, order of the court or any award of not less than value of ₹100.
Composition Deed
- Shares of a Joint Stock Company (containing assets in immovable property)
- Debenture of a Joint Stock Company
- Any endorsement of such Debenture of any company.
- Any grant of immovable property by Government
- Any instrument of partition made by a Revenue officer.
- Any order for granting a loan or instrument of collateral security
- Granting loan under Agriculturalists Loan Act, 1884
- Any order made under Charitable Endowments Act,1890
- Any endorsement under mortgage deed
- Any certificate of sale granted under auction of public
- Authorities to adopt a son and not conferred by a will shall also be registered.
- Documents of which registration is not compulsory (Sec 18)
- Value of Instruments less than ₹100
- Instrument of acknowledging the receipt or payment of any consideration
- Lease deed ( not exceeding 1 year)
- Decree, order or award of a court (Value less than ₹ 100)
- Instruments related to Movable property
- Wills
- All other documents not required by Section 17 to be registered.
PROCESS OF REGISTRATION
Pre-appointment must be taken with the Sub-Registrar and the following documents must be presented before him.
Date of stamp: It is the date of purchase of the stamp paper or the date of certificate.
Date of execution: This is the date on which executants signed the document. Here, sub-registrar classifies the nature of document based on the stamp Act and Online Property Registration act. As told earlier, date of execution should not be older than 4 months for property registration in India.
Consideration Amount: It is the price which has been paid or has been agreed to be paid for that particular piece of immovable property. Consideration amount can be as high and can’t be put under question mark; however, there is a lowest limit of standard rates decided by the govt.
Market Value: It is estimated by the market value committee or is taken as it is of consideration amount which has been shown in the document, whichever the higher. The registration fee and the stamp duty is paid on the market value which is higher.
Stamp Duty: Here the sub-registrar checks that the paid amount of stamp duty should not be less than the calculated stamp duty for that particular piece of land. If a difference comes, that would be paid by the party, either in the form of a DD/challan. In case, the party refuses to pay the difference, the case is further subjected to district court.
In a typical Delhi/NCR deal, stamp duty is fixed at 6% of land’s price in case of male purchasers; but if the purchaser happens to be a female, the duty is relaxed at 4%. 600 rupees is the registration fee and 100 rupees is the pasting charges.
Supporting documents attached: Registrar checks if all the appropriate documents have been attached; if any has been left out, he advises you to attach it. i.e. NOC, Form No. 1,9,10 , declaration, affidavit etc.
Documents are listed below
- Sales deed or duty stamp. When the stamp office doesn’t adjudicate sales deeds, the government can determine value. The Registrar or Sub-registrar of Assurances will confirm it.
- If the building is under the city collector’s land, a No objection certificate should be obtained from the Collector. It can be obtained from the Collector’s office by paying the prescribed fee.
- In the case of co-operative societies, a letter from the society is also required. There will be details about the building, such as the year of construction, the number of floors, the number of elevators, the area of each apartment, the number of rooms and their basic layouts.
- Copy of the Bhumi Registration Card, PAN card etc.
- Sub-registrar checks if the person presenting the document is the right person to do so. The person should either be an executing or claiming party/representative. It is also verified if all executants are present. Sub-registrar stamps no. 1 after this has been verified.
Payment of fees: Sub-registrar issues the payment receipts when appropriate fee have been paid. He puts stamp no. 2 on document after verification of all the payments e.g. stamp duty, Bhumi Registration duty, pasting fee or any sort of penalties or miscellaneous charges.
Photographs and thumb impression: Photograph of every executant and every person of the claiming party is required. All the thumb impressions are also taken generally on the backside of the 2nd or the 3rd page of the document.
Admission stamps: If the executing party is unable to visit the office of sub-registrar due to an unavoidable reason like permanent injury, critical illness, then sub-registrar might himself visit the person (appropriate charges paid for that visit). The details about his visit are noted in a dairy called Minute diary.
Witnesses (Part VII of the Act):
2 witnesses are needed for every executant and same two persons can serve as witness to all the executants.
Identification of witnesses is done by taking names/signature and other details related to them such as their addresses and occupations etc.
Sub-registrar affixes stamp no.3 after completing the identification.
Sub-registrar keeps the document as pending if sufficient numbers of witnesses are not present on the occasion.
Conclusion
Once the documents are in place, the sub-registrar orders registration. Serial numbers are issued along with book numbers and page numbers of the books in which entries have been made. In India, this concludes the Bhumi Registration.
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