Know about the property registration details in depth by understanding the laws, rules and regulations pertaining to it.
Overview:
If you are acquiring a new property, you must go through the legal change of ownership, and it can only take place provided the property is registered under your name as per the government record. As different monetary implications affect the buying process, you must clearly understand the Indian government laws regarding property registration online.
Basics About Property Registration
When you transfer property from one person to another, you need to formalize the transaction through registration at the sub registrar’s office. In addition, you have to make payment l stamp duty, generally termed a registry of property.
The Indian Registration Act 1908 is the registration law of property. The laugh features registration of different documents to ensure the conservation of evidence fraud prevention and title assurance.
Note:- Make the House RegistrationProcess Online with Complete Documentation Guidance.
Is It Compulsory To Register Your Property?
Property Registration Online – Among all the transactions related to property that attract multiple registrations is the high-value purchase of residential plots and units. All transactions around the sale of any immobile property for a value of more than ₹100 must be registered as per the 17th section of the registration act 1908. It means that all the transactions of your immovable property sale must be recorded as no immovable property can be purchased only for rs. 100. The same rule is applicable for gifting property.
The Online Gift Deed must be registered to get the validity legally, even if the donor doesn’t get any monetary rewards for the property exchange. Additionally, the lease transaction for a timeline of more than 12 months is compulsory for the deed to be registered.
The sub-registrar might visit a person’s place if they cannot see the sub-registrar’s office for any reason to offer property registration details. Immovable property term means lands or buildings beside any other rights attached to the property.
Property Registration Online:
Property transfer is a must, so you should not ignore property registration at any cost
- Documents required for property registration
- Gift instrument for any immovable property
- Transactions featuring no testamentary instruments involved the sale of any immovable property for a certain value.
- Immovable property lease from year to year
- Transfer contracts immovable property for the purpose featured of the transfer property act 1882.
Property Registration Online: Documentation for property registration
- You don’t need to submit your will to offer a legal property standing.
- It is not mandatory to submit a rent agreement where the tendency. It is only for 11 months. It is mainly because rent agreements are signed only for 11 months.
- Past transaction documents are not mandatory as one cannot reregister these documents.
- A Court order is not mandatory if the value of the immovable property is less than a certain amount. The value is less, and the work and the charges involved in the process are pretty high.
- The sale granted certificate is not mandatory as this document is issued to the buyers of the foreclosed properties.
- A mortgage agreement is not crucial because this document should be registered for proper legal standing.
- A promissory note is also unnecessary as this document promises to pay someone and does not really need the registration.
- Grant of immovable property by the government is not mandatory as the grantor is the absolute owner of the property.
Property Registration Online Process
The property documents that must be registered should be submitted on time to the sub-registrar office of assurances. To submit the documents within the jurisdiction, the subject matter of transfer is then started. The authorized signatories for the buyer and the seller must be present besides two witnesses for document registration: https://dolr.gov.in/en/gift-deed. The signatories must carry proof of identity, including a pan card or Aadhaar card.
The signal is also needed to display the authority power. The person representing the company must carry advocate documents if a company is a party to the agreement, including a letter of authority or Power of attorney, besides a copy of the resolution of the company’s board authorizing them to carry out the registration.
You must also present your property card to the sub-registrar besides original documents and payment proof of stamp duty. The sub-registrar will verify whether stamp duty has been paid for the property or not before registering the documents.
Stamp duty is ideally the tax you need to pay to the government for getting legal ownership of the property or any other asset. While the registration charge is ideally the fee to complete the legal formality in the government record, it varies from state to state. In multiple states, on the payment of stamp duty, women get offered waivers.
The Time Limit For Registering Your Property
You must submit all the compulsory mentioned documents above, which must be present in 4 months from the date of execution besides the requisite fee. Then, you can apply to the sub-registrar, provided the time limit has expired for the condonation of your delay within the next four months.
During this timeline, the registrar can reregister the documents after paying some fine that might be around ten times the original registration fees. The registration fee for the property document is around 1% of the total property value, and it is subject to a certain amount.
Gone are the days when the documents presented for registration would be returned to you after six months, but with the computerization of the sub-registrar offices, the records are scanned, and they get returned on the very same day.
Can You Register Your Property Online Without Visiting The Registrar?
While the majority of the states allow people to carry out a large part of the property registration process entirely online but for the final approach, you need to visit the office of the sub-registrar. You can quickly pay the fees for the stamp duty, provide all your details and book an appointment at the registrar’s office if you are going for the offline process.
Can You Register Land Without Deeds?
It is common in India to have a piece of land without any deals. Even though such cases are rare in urban localities, there are some ways in which you can register your property or land without any deed. In such a situation, you must submit your application to the registrar at the Land Registry office. The owner also needs to show sufficient proof of their ownership.
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Property Registration Charges
Property registration charges in India involve fees from the local Sub-Registrar office, determined by the property’s market or government-guided value, with additional stamp duty calculated as a percentage of the property’s worth. Stamp duty rates vary, offering potential exemptions or reduced rates for specific buyers. Additional charges for legal services and electronic options may apply. Navigating these charges requires understanding state-specific regulations, making professional guidance crucial for a seamless property transaction.
Points to Keep in Mind for Property Registration
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Preparations:
- Gather all required documents the day before
- Avoid excessive handling to prevent the risk of losing papers
- Before leaving, ensure you have all necessary documents.
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Timings
- The Sub-Registration Magistrate office operates from 9:30 am to 6 pm on working days
- Lunch break is typically between 2 pm and 2:30 pm
- Plan your day accordingly and be aware of any schedule changes due to COVID-19.
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Planning
- Dedicate the entire day to the registration process; avoid scheduling other commitments.
- Stay focused on the task at hand for a smooth registration experience.
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Payment
- Pay stamp duty and registration charges digitally well before the registration day.
- Seek legal assistance, such as a lawyer, for guidance on payment procedures.
- Secure an appointment for property registration only after completing payment.
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Documents
- Keep property documents, Aadhaar, PAN Card, or alternative ID cards handy.
- Present these documents promptly when called by the Teller, Reader, or Sub-Magistrate.
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TDS (Tax Deducted at Source):
- If the deal exceeds ₹50 lakh, ensure proof of one percent TDS deduction from the property value.
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Witness:
- Have reliable witnesses with valid ID proofs present throughout the process.
- Choose witnesses who are known to you, not just academically involved.
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No Privileges
- All individuals are treated equally; no separate queues for specific groups.
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Delivery
- Typically, it takes 15 days for documents to be registered
- Retrieve your documents by presenting the issued receipt
- If applicable, coordinate with the bank for document collection, especially if a home loan is involved.
Is Property Registration Mandatory?
Among the property-related transactions mandating compulsory registration is the purchase of high-value residential units and plots. Under Section 17 of the Registration Act, 1908, any transaction involving the sale of immovable property for a value exceeding ₹100 must be registered. This effectively implies that all transactions for the sale of immovable property must be registered, as no such property can be acquired for merely ₹100. The same rule applies to the gift of property; even though the donor receives no monetary consideration, the gift deed must be registered for legal validity. Additionally, all lease transactions exceeding a period of 12 months are also mandatorily required to be registered.
Implication of Failure To Register Property
Your solicitor should decide whether to request a retransfer or an order to permit late registration if a property sale was not registered. You won’t be able to finish the transaction until then, and you won’t have legal title. Make touch with your solicitor if you believe your property has not been registered. When transferring unregistered land, the pre-completion Land Registry search gives a 30-day priority period within which the registration must be completed.
Registration Charges in Key Indian Cities
A maximum of ₹30,000 is charged as the registration cost for property paperwork, which is equivalent to 1% of the property’s worth. The documents that were submitted for registration in the past would be mailed back to you after six months.
| City | Registration Charges |
| Bangalore | 1% of property value |
| Delhi | 1% of the total market value of sale deed, plus ₹100 pasting charge |
| Mumbai | 1% of the total market or agreement value of the property or ₹30,000, whichever is lesser |
| Chennai | 1% of the market value of the property |
| Kolkata | 1% of the total cost of the property |
How to Get Your Encumbrance Certificate Online?
- Visit the Official Website
Navigate to the official website of the relevant land records department or the online portal designated for encumbrance certificate services in your region.
- Register/Login
Create an account on the website or log in if you already have one. Provide the necessary details and ensure the accuracy of your personal information.
- Select Property Details
Enter the required property details, such as the survey number, property address, or any other specifics as requested by the online platform.
- Choose the Time Period
Specify the time period for which you need the encumbrance certificate. You may select a specific duration or opt for a comprehensive search covering the entire history of the property.
- Make Online Payment
Proceed to make the necessary online payment for the service. The fee is typically determined by the duration and nature of the search.
- Verification Process
The online platform will conduct a thorough search based on the provided details. This includes verifying any transactions, mortgages, or legal encumbrances associated with the property.
- Download the Certificate
Once the verification process is complete, you will be able to download the encumbrance certificate directly from the online platform. Ensure you save a copy for your records.
- Physical Copy (Optional)
If required, you may choose to obtain a physical copy of the encumbrance certificate. Follow the designated process on the website to request and receive the hard copy.
Property Registration Online: FAQs
What is the time limit for registration?
Documents that need to be registered must be submitted for registration with the required fee within four months of the document's execution.
How long does it take to register a property in India?
The registration of your documents usually takes 15 days. Only once you present the receipt you were given during registration will your documents be returned to you. If you have taken out a home loan, the bank may send someone to pick up the paperwork.
What are the new rules for property registration in India?
In 2024, you will need to register any transactions you have in place for the sale of immovable property if their worth is more than ₹100. Such registration is required by Section 17 of the Registration Act, 1908. The Registration Act further specifies which documents are optional and which are necessary for property registration. State-specific registration costs differ. A piece of property cannot be used as evidence of ownership in court if it is not registered.
What is the time period within which the work should be registered?
Documents that need to be registered must be submitted for registration with the required fee within four months of the document's execution.
What happens if a document is not registered?
If the document is not registered one might face the following issues Unregistered documents may lack legal validity and may not be admissible as evidence in court Lack of registration can affect the transfer of title and ownership rights, making it challenging to establish clear ownership Unregistered documents may not be enforceable in certain legal situations, potentially leading to disputes and complications.
What if property is not registered in India?
If a property is not registered in India: Ownership Dispute: Non-registration can lead to disputes regarding property ownership and may affect the legal standing of the property Transaction Validity: Unregistered property transactions may not be recognised by law, affecting the validity of sales, leases, or other property-related agreements Stamp Duty Consequences: Failure to register can result in penalties and may also impact the calculation of stamp duty, a legal requirement for property transactions.
