Property

Inheritance Rights of Grandchildren in India

Soumya Shekhar
Soumya Shekhar 03 min read 16503 Views
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You would have often heard of disputes regarding the grandson's right in grandfather's property. In India, the inheritance law for grandchildren is the respective law of succession/inheritance.  

Hence, the right of grandchildren to inherit their grandparents' property must be determined per the applicable law of succession. 

Grandson's Rights in Grandfather's Property

A grandson's right to grandfather's property depends upon the applicable inheritance law. There is no uniform Law of Inheritance in India. Succession and inheritance are subject to various personal laws, depending upon religion. Let us examine a Hindu grandson's rights in his grandfather's property, based on the type of property and the succession rules. 

Property can either be self-acquired or ancestral. Ancestral property is passed on through generations—the right to inherit such property vests since birth and not depend upon the owner's death. A self-acquired property, on the other hand, is a property which one earns oneself. The right to inherit a self-acquired property depends upon the Will of the deceased. In the absence of a will, the inheritance of a self-acquired property depends on the applicable law of intestate succession. While a grandchild or a grandson has equal rights in ancestral property, such rights do not exist in a self-acquired property. Let us see what the rights of a grandson on his grandfather's property are.

When a Grandchild/Grandson Can Inherit Grandfather's Property?

  • Ancestral Property

A grandson's right on his grandfather's ancestral property is by birth. It does not depend upon his father or grandfather's death. A grandson owns a share of his grandfather's property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations. For instance, if the father inherited 50% of the property, the grandsons would inherit 25% each in their grandfather's property. 

  • Self-acquired Property

A self-acquired property is inherited either by a will or by rules of succession. If the deceased leaves a will behind, the property is divided according to that. If no will has been left behind, then the applicable law of succession will determine if the grandson will have a right on grandfather's property. 

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By a Will (Those who read this Article also  Consulted a Lawyer about Will) 

Every adult and a mentally sound person is capable of executing a Will. The person who executes a will is known as a testator. By definition, a Will specifies to whom the properties of the testator will pass to on their death. These beneficiaries are known as the legatees of the Will. A testator has almost unlimited discretion to decide their Will's legatees (who need not their family members or relatives) and how to divide their estate amongst the legatees. 

Thus, if the deceased grandparent has left behind a Will, and that Will specifies that a grandchild will be a legatee of a specified share of their estate, then that grandchild will be entitled to inherit that share of that grandparent's estate. 

However, if the deceased grandparent has left behind a Will, but the Will has not allotted a share of his estate to the grandchild, then the grandchild cannot claim any share of the deceased's estate. 

Without A Will

If the deceased Hindu has not left behind a Will, the succession of their estate will be governed by the rules contained in the Hindu Succession Act, 1956. 

Under Hindu Law, the property comprises two types: (1) Joint Family Property and (2) Self-Acquired Property. True to its name, the clearest indication of Self-Acquired Property is that it has been acquired with the money of one's own efforts. 

A grandchild can inherit their grandparent's property only if their parent through whom they are related to that grandparent has died before that grandparent. In such a case, the share of the grandfather's property the parent in question would have inherited if they were alive will be divided amongst the mother (if she is alive) and the grandchild and their siblings. The siblings, and the mother, will divide this share equally. The siblings will both get equal shares. 

Illustration— Grandchild G is related to their grandmother GM through their father F. F has died before GM. F, if he were alive, would have been entitled to inherit 1/3 of GM's property. G has a sibling S, and a surviving mother M. Hence, the 1/3 share of GM will be divided equally amongst M and G+S. Thus, M will take get a 1/6 share, and G and S will divide their 1/6 shares equally amongst themselves. So, finally, the grandchild G will get 1/12 of the grandfather's property. 

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Property Inherited From Father

Let us also see how the property inherited from a father differs from the property a grandson inherits from his grandfather: 

  • If the property is ancestral in nature, then the grandson has an equal right as his father in his grandfather's property. 

  • The property inherited from the father's self-acquired property would vest in the child only after the father's death. A grandson, on the other hand, has a right to inherit his grandfather's property since birth. 

  • A father can exclude his child from his self-acquired property, but a grandson cannot be excluded from his grandfather's property if the property is ancestral. 

  • If the self-acquired property of the grandfather passes on to the grandchild, then he can inherit the property only after his father's death. The grandson or grandchild will get the share of his deceased father. 

Hence, the distribution of grandfather's property among his grandchildren depends heavily on the type of property it is. However, to avoid disputes, it is always best to prepare a will beforehand.

Those who read this Article also Consulted a Lawyer about inheritacne rights of childern. 

Suggested Articles

Understanding RERA and How to File a Complaint under RERA
Property

Understanding RERA and How to File a Complaint under RERA

For a long time, the real estate sector had no regulation. If the consumers faced delays, there was no recourse. Most buyers were at the mercy of the builders as court cases would drag on for long. With the coming of RERA, a proper complaint mechanism has come into existence. Let us see how one can file complaints under RERA.

 

RERA Complaint Against Builder

RERA imposes certain obligations on the builder or the developer. As a homebuyer, you have certain rights under RERA. If the builder fails to discharge his obligations or violates your rights, then you can file a complaint against the builder. Under RERA, a homebuyer can, in addition to the builder, file a complaint against the following: 

  • Promoter

  • Real estate agent

  • Contractor

  • Intermediary

People Also Read This: What is the RERA Act?

If any of the above are found guilty of contravening the RERA, they would have to pay heavy penalties. Key penalties in the RERA are: 

  • Non-registration with RERA attracts a heavy penalty of up to 10% of the project's estimated cost or imprisonment up to 3 years. Sometimes, RERA may impose both imprisonment and a fine. 

  • Furnishing false information also attracts 5% of the estimated cost of construction as a penalty. 

Hence, heavy penalties may be imposed on the builder, promoter, real estate agent, etc., if they are in non-compliance with the RERA. 

 

RERA Complaint Registration

A homebuyer should have the following details if they wish to register a complaint against the builder: 

  • Details such as name, address etc. 

  • Registration number of the project and the address where it is situated. 

  • The response of the builder. 

  • The relief the homebuyer is requesting.

A buyer may file a complaint with the RERA Authority for any violation or contravention of the provisions of the RERA Act by a builder, developer, promoter or real estate agent. Conditions under which a buyer can file a RERA complaint include:

  • Delay in Possession: If a builder delays delivery of possession of the property, the buyer can file a complaint against the builder to get immediate delivery of possession or get a full refund along with interest.

  • False Advertisement: A complaint can be filed against the developer, promoter, and even the endorsers if false advertisements misled a buyer based on which he/she decided to deposit a sum with the promoter.

  • Advance Payment: A builder can ask for only up to 10% of the cost of the building, apartment, or plot as advance payment. If a builder asks for more than 10%, the buyer can file a complaint against the builder.

  • Improper Registration of a Project: All projects must be registered under RERA. If a builder has sold or is trying to sell an unregistered project, the buyer can file a complaint against the builder.

  • No details about the Project: All details regarding the project including project plan, layout, and government approvals need to be updated on the RERA website. One can file a complaint if a builder or developer doesn't adhere to this provision.

  • Structural Defects: In case of any structural defects in the workmanship and quality of the services, the promoter will have to compensate the amount paid by the allottee. If not compensated, the buyer can file a complaint.

  • Ownership Transfer: A promoter cannot transfer majority rights to any third party. In case he/she is found transferring majority rights to a third party without the consent of the two-third majority of allottees, one can file a complaint.

Typically, a homebuyer has to file a RERA complaint form along with the requisite fee to register his/her complaint. You can follow the given steps to file a complaint under RERA:

  • You can file a RERA complaint form along with the requisite documents and the fee before a RERA or an adjudicating officer. 

  • Once the authorities receive the complaint, they constitute an inquiry bench to hear both the parties involved. 

  • The matter is typically settled within 60 days of the filing of the complaint. 

 

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RERA Online Complaint filing

Many states like Gujarat, Maharashtra, and Karnataka now provide online complaint filing under RERA. The method of filing an online complaint almost remains the same in most states. However, the procedure, applicable fees are different.

To register a RERA complaint online in Gujarat, a complainant must comply with the following steps:

  • Go to the Gujarat RERA portal. On the home page, there will be a link for complaint registration.

  • Once you click on the link, you will be redirected to another page to provide relevant details of the complaint. These details are the same that one would provide in a physical complaint.

  • After filling in the personal details like name, address, contact details, etc., there will be an option for the complainant to attach supporting documents.

  • The complainant must pay a registration fee of Rs. 1000 to be able to submit the complaint. One can avail of any net banking or mobile banking facility for payment. After payment, one has to click the Submit button to successfully register the complaint.

In order to register a RERA complaint online in Maharashtra, a complainant must comply with the following steps:

  • Go to the Maharashtra RERA portal. On the home page, click on the Online Application Menu.

  • One must first log in to be able to access the online complaint form. Therefore, the complainant must create a new registration with an appropriate username and password.

  • Once registration is completed, the complainant must file his/her personal information to proceed with the complaint.

  • After providing relevant personal details, the complainant should find and select Add New Complaints. Here, the complainant would be able to fill in relevant details of the complaint.

  • The complainant must pay a registration fee of Rs. Five thousand to be able to successfully submit the complaint.

For all online portal complaints, once a complaint is successfully registered, both the parties would be called to express their facts and figures surrounding the dispute. The RERA will listen to both parties and will give a verdict on the merits of the case.

The aggrieved party would be given the option to challenge RERA's decision if they are not satisfied with such an order. The aggrieved party must challenge RERA's decision before the High Court.

Legal Considerations to Keep in Mind Before Selling Your House
Property

Legal Considerations to Keep in Mind Before Selling Your House

Selling anything is a tedious task, let alone selling a house. What are the requisite documents for sale? What is the correct procedure? Are there any risks involved in the process? If one does not have answers to such questions, selling a house can become an ugly affair.

 

Law relating to Sale of Houses

Houses are a tangible piece of immovable property. The main legislation which governs the sale and transfer of property in India is the Transfer of Property Act, 1882 (hereafter referred to as "TPA"). Chapter III of TPA deals with the sale of immovable property.

  • Sections 54 and 55 of the TPA are of enormous relevance in our context. Let us discuss the crux of these provisions under the following headings:

 

Rights and Liabilities of the Seller - Section 55 of TPA

There are several rights and liabilities mentioned for both the buyer and seller. There are rights and duties regarding the seller, before and after selling his/her property. Let us discuss them under the following headings:

 

Before Sale of Property

The duties of a seller before selling his/her property are as follows:

  • Disclosing any defects in the property to the buyer.
  • Producing before the buyer, on their demand, all the legal documents as to the seller's property title.
  • Answering all the buyer's questions about the property.
  • Taking care of the property and all the relevant documents in the period between the date of contract and the date of delivery of the property.
  • Paying all the rents, government fees, dues, etc., up to the date of sale of the property.

 

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After-Sale of Property

There are a few duties of the seller after the sale of the property. They are as follows:

  • The seller is bound to deliver the possession of the property after the sale to the buyer.
  • Through the contract with the buyer, the seller's interest has professed to transfer to the buyer will exist, and the buyer will have the right to transfer the same.
  • If all of the purchase money has been paid by the buyer, the seller is bound to deliver all documents of title relating to the property in the seller's possession.

 

Documents required for selling your house

As already mentioned above, under TPA, the seller is mandatorily required to produce all the relevant documentation before the buyer. A bunch of property-related disputes arises due to the lack of proper documentation. Thus, it is crucial from both the seller's and buyer's perspectives to give the requisite attention to the documentation of the deal.

  • The documents required for the selling of a tangible immovable property (such as a house), are as follows:
  • Letter of allotment: This is the document that conferred the allotment of the property which is in possession of the seller, who had purchased this property from a relevant society or authority.
  • Sale Deed: All the original sale deeds from the previous owners of the property who have handed it down to the current owner (the seller). This helps in tracing the property title chain. The seller should have an original sale deed. It is compulsory under the law that the seller needs to have all the previous agreements.
  • Sanctioned Plan:  The seller also needs to have the approved building plan and occupation certificate by the local municipal authority or any other competent authority.
  • Society Documents: The seller must seek the permission of the relevant competent authorities (development authority or society) before selling the house. For example, if the seller lives in a gated community, then he/she must obtain a NOC (no-objection certificate) from the housing society or governing body.
  • Encumbrance certificate: This certificate is required as an indication of free title. This is because while buying a house or apartment, the buyer wants to ascertain no legal dues.
  • Sale Agreement: Lastly, but most importantly, after both the parties have arranged the documentation, the terms and conditions for the agreement for selling the property can be laid down. This agreement shall be the blueprint and precede the execution of the sale deed and hence is extremely important.

 

The procedure of selling your house

We've already discussed the documentation process, one of the most important parts of the procedure. There are other practical and/or legal aspects to the procedure, which includes the following:

  • Valuation of Your house: Make a good estimate of the value of your house. For this purpose, you can either consult a real estate agent or self-assess the property by researching the prevailing market rate in the society or locality where your house is located.
  • Find a buyer: The next step is to find a person who is ready to buy your house.
  • Intimate your intentions to the governing body: As mentioned already, you must seek approval from the housing society where the house is located by getting a NOC.
  • Prepare the house: You can now stage your house for potential buyers to visit. For this purpose, ideally, you should vacate the house and do renovation or repair work on the same.
  • Finally, list the property: Now, you can finally list the property for sale on online platforms or seek the help of brokers who can help you find buyers.

 

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Conclusion

Every seller needs to know such intricacies before proceeding to sell their house. Unless the seller is well-informed regarding such details, they can be taken for a ride by the buyer. The whole idea is to avoid being in that position as a seller.

RERA Registration Process
Property

RERA Registration Process

The Real Estate (Regulation and Development) Act (hereafter referred to as “RERA”) came into force on 1 May 2016. The main idea behind this law was the regulation and promotion of the real estate sector. Now development projects in real estate need to register themselves under RERA. RERA provides credibility to real estate projects and protects customers against delays in handing over the projects. 

How to Register Projects under RERA?

The process of Application for Registration of Real Estate projects differs from state to state. The detailed procedure for each state is available on each state’s RERA website. The promoters and real estate agents have to apply for registration on the website, which is relevant for their state. For registration, you need to submit certain documents along with the application. These, too, differ from state to state. However, certain documents are common amongst most of the states. These are:

  • Promoter’s PAN Card;

  • Legal title deeds of the land. (See Section 4(2)(l)A);

  • Encumbrance Certificate (See Section 4(2)(l)B);

  • Commencement Certificate (See Section 4(2)(c));

  • The Sanction Plan, Layout Plan, location details of the project (See Section 4(2)(d));

  • The plan of development works; and

  • Details of previous project experience of the promoter, if any (See Section 4(2)(b)).

Some of these documents across different states (as mentioned on their websites) are as follows:

  • Name, type, and registered address of the enterprise;

  • Registration Certificate, Memorandum of Association (MoA), Articles of Association (AoA) and date of incorporation of the promoter’s enterprise;

  • Audited balance sheets of the last three financial years;

  • Audited report and director’s report of the last three years; and

  • Name, address, contact details, and photographs of the promoter/director/partners/chairman/ or any other authorized person.

What Are the Key Benefits?

Before RERA, the real estate industry was in shambles. Customers faced delays, there was no regulation, and there was widespread corruption and high-handedness of real estate agents and builders. We see the following key benefits after RERA came into the picture: 

  • Carpet Area: A statutory definition of carpet area dispels the doubts regarding its determination. Promoters decided on carpet areas before RERA came into being. 

  • Buyers can seek information regarding the projects (Section 19, Clauses 1 & 2): Buyers under RERA can seek information such as completion status, plan layout, stages of construction, etc.

  • Delaying projects led to consequences for the promoter: Under RERA, each promoter has to give a due date on which they will hand over the possession of the property to the buyer. If the promoter cannot complete the project by this date,he can face penal consequences. 

  • Liability of promoters:  If there is any structural defect or flaw in constructing a property, the allottee may bring up such an issue to the notice of the promoter and the promoter will be obligated to rectify such flaws within 30 days. If the promoter does not do the same, the allottee will need to be compensated for such structural defects.

  • Advance Payments up to 10%: Under RERA, the builders cannot demand advance payments that are more than 10% of the project's total value.

  • The buyers were given rights in case of false promises: If the allottee finds themselves in a position where the initial promises made by the promoter are not being kept, or there is a mismatch in the commitment between the parties, the allottee under this Act, has the right to withdraw from the project and get a full refund (sometimes with interest or compensation).

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Impact On Home Buyers

Homebuyers now have the following rights under RERA: 

  • Buyers need not pay for the walls area, as the definition of carpet area is now clear. 

  • Builders need to disclose information, establishing transparency between the buyers and builders.

  • Registration manifests the credibility of builders and real estate agents. 

  • RERA also prevents indefinite delays in project development and misappropriation of funds. 

  • Asking for refunds in case of uncompleted projects is also easier under RERA. 

Impact On Real Estate Agents

RERA has the following impact on real estate agents:

  • Real estate agents now have to mandatorily register themselves and also keep renewing this registration. 

  • If a real estate agent is not registered, he will have to pay penalties. 

  • Real estate agents will have to maintain accounts, books, records, etc. 

  • They should display their registration number at all times, especially in the advertisements they place. 

  • False advertisements will attract a penalty. 

Penalties

Various penalties under RERA are:

  • Section 60: We already know that a promoter has to register themselves under Section 4 of RERA. For furnishing false information, a penalty of up to 5% of the approximate cost of the real-estate project needs to be paid.

  • Section 61: Just like in the previous section, even if the promoter violates any other provision of RERA (i.e., other than Sections 3 & 4), the same amount of penalty can be levied against them.

  • Section 63:  For non-compliance with RERA authority order, a penalty upto 5% per day gets levied on the promoter. 

  • Section 64: For failure to comply with the order of the RERA tribunal, a promoter may also face imprisonment. 

  • Section 62: If the real-estate agent violates the provisions of Section 9 & 10, they will be required to pay ₹ 10,000 per day till such default continues.


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RERA Laws Across India

Till now, every state has notified the rules for their respective state authority under RERA. The only exception here is the state of Nagaland, which is under process to notify the rules.

Most states have launched their websites regarding the same. However, in this regard, some north-eastern states (such as Assam, Manipur, Arunachal Pradesh, and Sikkim) and Jammu & Kashmir, Ladakh, and NCT of Delhi are lagging.

West Bengal refused to implement RERA and enacted its legislation called, “Housing and Industrial Regulation Act, 2017,” challenged in the Supreme Court.

Several states have implemented a diluted form of RERA. This has increased difficulties for homebuyers in these states.

RERA is forward-looking legislation, and before buying a house, you should always check the RERA registration of the builder and the real estate agent. If you are in the real estate business, make sure to comply with the provisions of RERA.

Consulting a Lawyer is always useful for quick and authentic information about RERA Act

What is RERA Act
Property

What is RERA Act

Like all laws, RERA Act also has certain legalese in it. There are certain legal terms which are not easily understood by the common people. We try to simplify these legal terms for you and bring a ready explainer for the same.

Let us explore some of the real estate jargons in the RERA Act.

Carpet Area

RERA Act defines carpet area as the “net usable floor area of an apartment”. Carpet area excludes the area of external walls, lifts, balconies etc. Internal walls however fall under the definition of carpet area. Before RERA, the definition of carpet area was not legally given and hence, there was a lot of confusion regarding this. The builders often took advantage of this ambiguity. With a clear definition in place, homebuyers can now rest assured. 

Consulting a Lawyer is always useful for quick and authentic information about RERA Act.

Super Built-Up Area

Before we understand super built-up area, it is important to understand the meaning of built-up area. Built up area includes all areas of your flat (carpet area + balconies, walls etc.). Super built-up area includes built-up area plus your proportional share in the common areas of your building. For instance, if your building has common pathways, parks etc., these would also be included in the term super built-up area, in proportion to your share in them.

Typical common areas included in a super built-up area are: 

  • Staircases

  • Lobbies

  • Lifts

  • Club house

  • Security rooms

However, the super built-up area, does not include the following: 

  • Underground water facilities. 

  • Open swimming pools and skywalks

  • Open sports amenities. 

Occupancy Certificate

An occupancy certificate is the evidence that the building is inhabitable and that its construction is in compliance with all rules and regulations. It is issued by a local government, agency or planning authority. It is the developer of the building who needs to obtain the occupancy certificate. Occupancy certificate needs to be shown at the time of obtaining public utility connections. Typically, a developer applies for an occupancy certificate within 30 days of the completion of the project. The developer or the person applying for an occupation certificate should furnish the following documents: 

  • Project commencement certificate

  • Project completion certificate

  • NOCs for fire and pollution

  • Sanctioned plan of the building. 

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RERA Registration Number

RERA mandates that all real estate developers register under it. RERA registration acts as a stamp of credibility. Once the registration process of RERA registration is complete, the real-estate developers obtain a RERA registration number. This RERA registration number acts as a proof of authenticity that the project is credible and that buyers can put their money in it. 

Floor Space Index

Floor space index, also known as Floor area ratio, is the ratio of the built up area to the total land of the project. Floor space index is important as it indicates the total area that can be built upon a plot of land. The development control regulation department and the building code of India regulate the floor space index. The type of building, which city it is located in and the amenities available in the building are factors taken into account while determining the floor space index. Floor space index helps in maintaining the ratio of open space to closed spaces and helps in sustainable development of cities. 

Leasehold Property

A property which has been taken on lease is a leasehold property. Builders and real-estate developers, build their projects either on leasehold properties or freehold properties. Leasehold properties are typically on lease from 30 to 99 years. Once, the leasehold period gets over, they convert to freehold properties. Buyers prefer freehold properties to leasehold properties, as certain restrictions operate on leased land. 

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Freehold Property

A freehold property absolutely belongs to the owner. The developer may purchase the same form the owner for the purposes of development of the project. Unlike leasehold properties, no statutory approval is required to transfer the ownership of a freehold property. It is easier to get loans for freehold properties and no restrictions are imposed on the same. 

Pre-Launch Properties

You would have heard about pre-launch properties or pre-launch offers. A pre-launch property is a property whose launch has been announced, even before the approval process is underway. Typically, builders solicit offers from customers, who could be old customers or through real-estate agents a discounted prices for pre-launch offers. Such offers and properties attract potential buyers’ attention as they are available at prices lower than the market value. 

These are a few terms or legal jargons which are widely used in the real-estate sector. RERA Act, also uses these terms in its provisions. It is hence, important that you as a customer should know what these jargons mean and make an informed decision, while buying any property. 

People who read this Article also Consulted a Lawyer about RERA Act. 

Duplicate Land Registration Document Process
Property

Duplicate Land Registration Document Process

Moving houses is a pain! Often in the process of moving, we end up losing important documents. A land registration document as proof of ownership. Losing a land registration document may not bode very well for you. You do not have to worry as there is a provision to obtain a duplicate land registration document.

People who read this Article also Consulted a Lawyer about Property Registration process. 

How to get a duplicate land registration Document?

You should follow certain steps in order to get your duplicate land registration document. These steps are: 

  • File a police complaint

A land registration document is a crucial document. If it gets lost, then you should file a complaint with the police. The owner of the house should only file this complaint. He should also explain the complaint and state that the original documents were lost, misplaced, or stolen. Keep the copy of the complaint filed as it may be used to obtain the duplicate land registration document. 

  • Give an advertisement in the newspaper

Like with all lost things, one should publicize that a land registration document is lost and give the return address in the advertisement. If, within a certain time, no one comes forward to return the document, then you can proceed to the next step. 

  • Make an Application for the Certified Copy of the Land Registration Document

You will have to obtain a Form 22 application, either online or from the sub-registrar’s office. Fill this form and submit it with the sub-registrar to obtain a duplicate land registration document. If the document you have lost/misplaced is a patta record, you also have to apply it to the revenue office. 

  • A duplicate copy of the Land Registration Document

Once you have applied to receive the certified copy of the document, you need to pay a certain fee to the relevant department. After the fee has been paid, a duplicate copy of your land registration document shall be issued. Many would think that what if I had a photocopy, could I use that? The answer is no! You should always try to get a legally certified copy of the document which is lost. A land registration record is proof of ownership, and hence, you should always follow the due procedure of obtaining a duplicate copy of the land registration. 

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Documents Required to Obtain Duplicate Land Registration Copy

When you apply for a duplicate land registration copy, you should also accompany your application with certain documents. These documents are: 

  • Copy of FIR: As a first step, you should always file a complaint with the police. Keep the copy of the complaint with you and attach it with the application you file before the sub-registrar to get a duplicate copy of your land registration document. 

  • Copy of newspaper advertisement: You should also attach a copy of the advertisement you published in the newspaper along with your application form. This would enable the sub-registrar to know that you still have not found the lost/misplaced document despite trying. 

  • Copy of share certificates issued: Typically, you are given share certificates when you buy a piece of land. Keep them secure and attach copies of them when applying for a certified duplicate copy of land registration. 

  • Notarized undertaking: A notarized undertaking should also be given along with the application form. 

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Obtaining a duplicate copy of the land registration document should not be a harrowing experience if you know all the right steps to take. Remember to keep all your documents in order before applying for a certified duplicate copy of the land registration record.

All you wanted to know about Online House Registration
Property

All you wanted to know about Online House Registration

If you have bought or otherwise acquired a house, this transaction needs to be registered. House registration is necessary for two reasons: 

  1. Every State maintains land records. The land record of every piece of land records the persons who have rights over that land. Hence, the land record for your house will reflect who has ownership over that house. For instance, if you are the owner, then it will mention you as the owner; if you have an easement over the land, then it will mention you as an easement-holder, and so on. 

  2. Unless you have inherited the house, the transaction by which you have acquired the house will not take effect until the transfer deed is registered. If this is the case, you need to register the house to acquire legal rights over it in the first place. 

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House Registration Process

You will have to register your house with the local Sub-Registrar of Assurances, who has jurisdiction over the locality in which your house is located. 

Most states now allow some steps of house registration online. Depending on your State, a house registry online will be available for some (but not all) house registration procedure steps. For the remaining step[s] of the online house registry, you will need to visit the Sub-Registrar’s Office. Even in states which allow the maximum number of steps online, you have to make a single visit to the Sub-Registrar’s office.

The process typically involves the following steps:

  1. Book an appointment. You will get an appointment letter. 

  2. Pay the prescribed registration fees. You will get a receipt for the fees paid. 

  3. Present/Upload a copy of the transfer deed (the legal document by which you acquired the property, such as a Sale Agreement) and the identity proofs of the parties and witnesses. 

  4. The parties, and the witnesses, have to be physically present at the Sub-Registrar’s office at the date, and time, mentioned in the appointment letter. If all documents are in order, the Sub-Registrar will register the deed and return the original deed with the deed's registration number mentioned on it. 

Depending on your State, Steps 1, 2, or 3 can be done online. However, in every State, for Step 4, the parties and the witnesses must be present. 

The online house registration procedure for a rented house is the same as the online house registration procedure for any other house. 

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Online House Registration Check List

This online house registry checklist will help you ensure that all the requirements of the house registration procedure fulfilled: 

  1. Ensure that the transfer deed (the legal document by which you have acquired your house, such as a Sale Deed, a Gift Deed, etc.) is, in writing, signed by the parties, attested by at least two independent witnesses, and executed on stamp paper of value equal to the stamp duty payable on the transaction. 

  2. Pay the registration fees, and take a receipt. If your State allows this step to be done online, carry the receipt with you when you visit the Sub-Registrar’s office. 

  3. Some states may require you to present a true copy of the transfer deed. The Registration Rules of your State will specify this and tell you how to make a true copy (if a true copy is required).

  4. If this step is allowed to be done online in your State, upload copies of photographs, and identity proofs, of the parties and the attesting witnesses. In any case, carry copies, and originals, of all these documents at the time of visiting the Sub-Registrar’s office. 

  5. Ensure that all the parties and the attesting witnesses are present at the Sub-Registrar’s office on the appointment date and time. 

  6. The original transfer deed will be returned to you. If registration has been successfully done, ensure that the registration number is mentioned on the original deed with the Sub-Registrar's seal and signature

People who read this Article also Consulted a Lawyer about Property Registration process. 

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