PROCEDURE FOR REGISTRATION OF PROPERTY IN INDIA
~ Pushkar Yadav
Everyone has a dream of owning their own house or land. Buying a property is notably one of the most significant investments for people as they put a major portion of their hard earned money into it. So, it is really important for the buyer to know the process of property registration in India in his/her name, needless to say, it helps the buyer to gain the legal rights over the property and avoid any future disputes over the title of the property.
When someone is in the process of purchasing a property in India the next most important step after choosing the ideal property is to register the property. In case of non-registration of the property, section 49 of the Indian Registration Act, 1908 states that the documents will not have any stance on the property and they will not grant any property rights over the property. In other words, the buyer will be considered as the unrecognized owner by the law and will not have any rights over the property.
At the time of registration of the property, the buyer needs to be aware of the property they are going to own. The knowledge about any outstanding bill, mortgage, etc., has to be procured by the buyer before registration of the property is made.
Documents required before registering for a property
When someone is in the final stages of transferring of property there are current documents that need to be checked and verified before registering a property.
They are the followings:
· Copy of building plan.
· Encumbrance Certificate:.
· Receipt of Payment of Dues.
· A Sale Deed .
· NOC or no objection certificate.
· Khata Certificate.
These certificates confirm that the seller is initiating the sale under the knowledge of the local authority, and also give the buyer information regarding the investment they are making, These documents are important because in case if a legal dispute arise against the construction of the property then the buyer can provide all the necessary documents to the authority.
The transfer of the property is considered complete when the registration fees and stamp duty are duly paid. Stamp duty is the charge buyers needs to pay to the authorities, to get a property transferred in their names. Although the rates vary from state to state, stamp duty is typically between 3% and 8% in most Indian states.
Payment of the stamp duty can be done through the following methods like-
· Traditional Stamp paper: The payment can be done by purchasing a stamp paper from any local authorized vendor who deals in them, and all the details related to transactions have to be written on it.
· E-Stamping: The Government has set up an online portal named stockholding.com Anyone can make the payment of the stamp duty online through this govt. approved website.
· Agents: There are authorized franking agents for instance Bank employees whom the buyers hire for stamping the documents.
Registration of the property is the next step after the payment of stamp duty. Registration is done with a sub-registrar as per the Indian Registration Act, 1908. The Buyer needs to pay the registration cost which tend to be 1% of the property’s market value.
The registration of property is made in the presence of the property owner, seller and two witnesses along with the required following documents:
· Duly paid registration fees proof.
· Duly paid stamp duty proof.
· Two photocopies of the original sale deed.
· Identity Proof of both buyer and seller, for instance, PAN card, driving license or Aadhar card.
· Tax certificate is required if the property is a secondary-property.
As per section 23 of the Indian Registration Act, 1908 the registration of the property must be done within 4 months from the date of execution.
It is one's foremost responsibility to register the property as it gives him/her the legal ownership of the property and helps in elimination of any ownership dispute. You can also consider the following while registration of property to save some money on registration charges and stamp duty.
Always register the property at the guidance value which is the base price of the properties in a particular area, which is decided by the state government.
Registered the property in the name of female members as some states give concession for the registration of the property in the name of female members.