Thursday 16 August 2018

How To Register Property in India

Property registration is an integral part of the home ownership process and is legally mandated under Section 17 of the Indian Registration Act, 1908. Getting your commercial or residential properties registered, will guarantee ownership rights in case of future legal disputes. Unfortunately, this part of the property purchasing process is arguably the most complex one and can perplex even the most experienced buyers.

We have broken down the entire process into 4 simple steps to guide you along the way:
  1. To begin, duly signed property deed(s) and any other supporting documents need to be submitted to the Sub-Registrar of Assurances. Signatures of both the buyer and seller along with the signatures of two witnesses need to be present.
  2. The signatories (buyer and seller) will need to present the property card (record and history of ownership and property) to the Sub-Registrar, along with the original documents and proof of payment of stamp duty.
Note: The sub-registrar will check if the correct stamp duty amount has been paid. The correct state duty rates are according to the respective state Ready Reckoner. These rates are updated on a yearly basis, so it is important to check the current rates before paying stamp duty.
  1. The signatories will need to present proof of identity. The documents accepted by the Sub-Registrar include Voter ID, PAN Card, Aadhaar Card, and other forms of identity issued by the Government of India.
  2. If either party is being represented by an agent or a real estate company, then the representing individual/company needs to present documentary proof. This includes a letter of authority or power of attorney as per the Stamp Act and the Registration Act.
Online Registration of Commercial and Residential Properties

With the introduction of online e-registration, property registration has become less cumbersome. A number of features are available online like payment of stamp duty, downloadable registration forms, and locating divisional sub-registrar of assurances. Nonetheless, the visit to the sub-registrar’s office for completing the formalities against registration fees and submission of registration documents still needs to be done in person.

Property Registration Timelines and Cost

Procedure
Time to Complete
Cost to Complete
Check for encumbrance at the office of the Sub-Registrar of Assurance
5 days
₹ 10,000
Preparation of the final sale deed by purchaser
7 days
1% of the property value
Payment of Stamp duty on the final sale deed through franking at the designated bank
1 day
5% of the property value
Execution of the final sale deed in the presence of two witnesses
1 day
1% of the market value of the property (registration fee) up to ₹ 30,000.
Apply with the local municipality for mutation of the title of property
30 days
₹ 300

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