A Simple Guide on Property Registration in India
Owning a house takes a lot of effort and commitment, which is not just restricted to the financial aspect. You zero in on a property, apply for a home loan, prepare the documentation and carry out the transactions. One of the last major hurdles in the homebuying process is to get your property registered. Through property registration, the buyer gets the legal rights of the property and avoids any future disputes with respect to the ownership of the property.
Procedure for Registration of Property in India
Unlike the way you applied for a home loan online with minimal paperwork, the property registration process still requires some manual documentation to be done. Although with the help of computerized property registration of India, the registration of property has become quite simple in our country. This modern process comes with the advantage of transparent valuation and the absence of middlemen. On the other hand, the process has not become fully computerized as still a certain portion of manual paperwork has to be carried out.
Few states even expect submission of an application to a respective authority, which in turn, will be submitted to the Sub-Registrar, or the SBM of the area. This particular application form is available online and can be downloaded from the website of the respective state department. You can even get the physical form from the office of the concerned authority.
Steps Involved in Property Registration in India
After the payment of the stamp duty, the document must be registered under the Indian Registration Act. This can be done under the Sub-Registrar’s jurisdiction, under whose local jurisdiction, the buyer’s property is located. The main purpose of document registration is to record the document’s execution.
In a majority of the states in India, the registration fee is usually around 1% of the stamp duty. The buyer cannot become the official owner of the property until the sale deeds are registered in the name of the buyer. A copy of the registration is kept in the records with the Registrar and can be referred back in case any dispute arises in the future.
Steps involved in the registration of property:
- Verification of the property’s title: The documentation involved in the registration process varies based on whether the property is bought directly from the developer, or if it is a secondary property sale. If it’s a secondary property sale, due diligence becomes quite easy as the former owner would be ready with property documents required for registration. Any obligation with respect to the verification of the property’s title lies on the buyer before going forward with the registration.
- Property’s value estimation: In order to pay the stamp duty, the buyer must estimate the value of the respective property. The stamp duty is always calculated in terms of a percentage of the actual price paid for the property, or the circle rate in the respective area, whichever is higher.
- Stamp Paper preparation: You must now purchase a non-judicial stamp paper of equivalent value of the stamp duty. The stamp duty papers can be either bought online or from a licensed vendor of stamp duty. E-stamps can be bought online from the following website: shcilestamp.com. The payment for the Stamp duty can be made through the Collector of Stamps. In case the payment is already done, then a proof for the same needs to be submitted.
- Preparing the Sales deed: On behalf of the buyer, an attorney prepares the sales deed. The subject mentioned on the sales deed varies based on the transaction’s nature, such as mortgage, lease, power of attorney, lease and so on.
- Approaching the sub-registrar for registration: For the registration of your sales deed, you will have to make an appointment with the sub-registrar. You will have to visit the sub-registrar’s office along with two witnesses. All the involving parties must carry their identification documents along with their photographs. You must also carry two copies of the deed along with the original deed.
- Submission of documents: in addition to the sales deed, you must submit the other required documents such as Address proof, No Objection Certificate in case the property is located in the city’s collector’s land, ID proof, Demand Draft or Cash for stamp duty, passport-sized photographs of all the involving parties, and so on.
- Completion of registration: The registration process is completed once all the documents are verified. Only then, can you collect the registered documents. The original documents will be returned to you by the sub-registrar while keeping a copy of the documents at the office.