Land & Property Registration: All You Need To Know

Land & Property Registration: All You Need To Know

Soumya Shekhar
Soumya Shekhar
05 min read 9083 Views
Lk Blog
Last Updated: Oct 3, 2024

Planning to buy land in India? If the value of the land or the property you are buying exceeds INR 100, you need to undergo land registration. Section 17 of the Registration Act, 1908 governs property and land registration in India. Typically, specific stamp duty needs to be paid, and 1% registration charges need to be paid. We will outline below how property and land registration work in India and what is the required procedure for the same.

Property Registration

Buying a property is a tedious process. It involves extensive market research and a considerable amount of time and money. However, it is not the searching for the property, which is the most complex part of buying a property, but property registration. The property registration process is confusing and involves various steps.

The property registration in India generally involves the following steps:

  • Verifying the property's title deed would give you an idea of the property's ownership status and any dues such as property tax, water/electricity bill, etc., which may be pending.
  • Preparation of Sale Deed: Get a sale deed drafted by lawyers for registration.
  • Paying Stamp duty: Generally, a registration fee for a property document is 1% of the property value, subject to the maximum of INR 30,000. However, the stamp duty varies in each specific case, which is about 3-10% of the property value
  • Approach the sub-registrar for registration: The seller and buyer, or the people having their power of attorney, along with two witnesses, have to approach the office of the Sub-Registrar of Assurances, within whose jurisdiction such property falls.

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Documents Required for Property Registration

You require the following documents for property registration:

  • Two passport size photographs each of the buyer, the seller, and the two witnesses.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card or Driving License of the buyer, seller and the two witnesses.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Proof of payment of stamp duty, registration tax, and payment to the seller.
  • Copy of No Objection Certificate (NOC), if required.

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The duly registered documents can be collected from the Sub-registrar of Assurance’s office after 2-7 days. A certificate with all the requisite information is provided, and the original copy of the deed provided at the time of registration is returned.

Once the registration is complete, you need to apply for mutation. A mutation changes the title ownership. An application for mutation is filed along with an affidavit, indemnity bond, and a notarized copy of the registered sale deed.

You need to register your property within four months from the date of execution of the transaction. If you fail to register within four months, you may apply to the sub-registrar for condonation of delay. The registrar can agree to register your property; however, you may need to pay a fine of up to ten times the original registration fee.

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

Online Land Registration

Technology has made property and land registration easier. Now, you can e-register your property. Some states have an official online portal for online land registration. You can also calculate stamp duty through these online portals. Net-banking, credit/debit cards, and other online payment modes have made e-registration of land and e-registration of property possible.

Guidelines for Online Property Registration

While online property registration is permitted in a few states, you should ideally keep the following in mind before you get your property registered online:

  • Check if your state has an online portal for e-registration of land/e-registration of property.
  • Only certain parts of property registration can be done online such as:
  • You can find out the stamp duty rates.
  • You can pay the stamp duty and registration fee online.
  • You can receive a receipt for your payment online.
  • Once you receive your receipt, you will have to visit the sub-registrar's office to complete your property registration.
  • If the property value exceeds INR 50 lakhs, you have to pay 1% TDS on the property value. You can pay the TDS online.
  • You will have to provide certain information for online property registration such as type of property, ownership status, description of the property, proof of property, and your personal details.

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Documents Required for Land Registration

When you go to the sub-registrar's office, you would need to submit the following documents for property registration:

  • Sale deed on non-judicial stamp worth the deal value.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card, or Driving License.
  • E-stamp paper, E-Registration fee receipt, and proof of payment to the seller.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Copy of No Objection Certificate (NOC), if required.

You would also have to undergo a biometric verification at the sub-registrar's office. You need to take two witnesses with you to the sub-registrar's office. These witnesses will need to carry the original and photocopies of their identity and address proof.

Remember, property registration is a must, and you should ideally register your property within four months of completing the sale. It is good to take legal help to draft the sale deed and navigate through the registration process.

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

Frequently asked questions

How Long Does it Take to Register a Property in India?

The property registration process in India generally takes between 7 to 15 days, depending on the efficiency of the local sub-registrar's office and the completeness of the submitted documents. In some cases, it may take longer due to procedural delays or verification processes.

 

Can I Register My Land Anywhere in India?

No, you cannot register your land anywhere in India. Property registration must be done in the jurisdiction where the property is located. Each state has its own registration offices, and you must register the property at the sub-registrar office that has jurisdiction over the area where the property is situated.

 

What is the Property Registration Law in India?

Property registration in India is governed by the Registration Act, 1908. The act mandates that any transaction that involves the sale, transfer, or lease of immovable property must be registered to make it legally valid. The registration process involves documenting the execution of the sale deed or transfer deed and entering it into the official records maintained by the government.

What Documents are Required for Registration of Property in Delhi?

To register property in Delhi, the following documents are typically required:

  1. Sale Deed: Duly executed and signed by both parties.
  2. Proof of Identity: PAN card, Aadhaar card, passport, or any government-issued ID for both buyer and seller.
  3. Proof of Address: Utility bill, voter ID, or any valid address proof for both parties.
  4. No Objection Certificate (NOC): From the concerned authority or society.
  5. Photographs: Passport-sized photographs of both parties.
  6. Property Card: For verification of property details.
  7. Stamp Duty Payment Receipt: Proof of payment of stamp duty and registration fees.
  8. Power of Attorney: If applicable, the original power of attorney document.
  9. Encumbrance Certificate: To prove that the property is free from legal dues.

How Can I Register My Property and Land Online in India?

To register property and land online in India, follow these general steps:

  1. Visit the State Registration Portal: Access the official property registration portal of your respective state government.
  2. Create an Account: Register as a user on the portal.
  3. Fill Out Forms: Complete the necessary forms with details of the property and parties involved.
  4. Upload Documents: Upload required documents such as the sale deed, identity proofs, address proofs, etc.
  5. Calculate and Pay Fees: Use the portal to calculate the applicable stamp duty and registration fees and make the payment online.
  6. Book an Appointment: Schedule an appointment for physical verification at the sub-registrar's office.
  7. Visit Sub-Registrar’s Office: On the appointed date, visit the sub-registrar’s office for verification of documents and biometric authentication.
  8. Receive Registration Certificate: After successful verification, the property is registered, and you receive the registration certificate.

What is the Cost of Registering a Property in India?

The cost of registering a property in India includes:

  1. Stamp Duty: Varies by state and ranges from 3% to 10% of the property value.
  2. Registration Fees: Typically 1% of the property value, but it can vary depending on the state.
  3. Miscellaneous Costs: These may include legal fees, service charges, and other administrative costs.

Is Stamp Duty Refundable?

Stamp duty is generally non-refundable. However, in certain circumstances, such as if the transaction is canceled or if there is an error in the payment, you may be eligible for a refund. The process for refunding stamp duty varies by state and typically involves submitting a formal application along with relevant documents to the local revenue or stamp duty office. Approval and refund are at the discretion of the authority.

To get specific details on the refund process, you should consult the relevant state government’s revenue department or a legal expert.

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Frequently asked questions

How Long Does it Take to Register a Property in India?

The property registration process in India generally takes between 7 to 15 days, depending on the efficiency of the local sub-registrar's office and the completeness of the submitted documents. In some cases, it may take longer due to procedural delays or verification processes.

 

Can I Register My Land Anywhere in India?

No, you cannot register your land anywhere in India. Property registration must be done in the jurisdiction where the property is located. Each state has its own registration offices, and you must register the property at the sub-registrar office that has jurisdiction over the area where the property is situated.

 

What is the Property Registration Law in India?

Property registration in India is governed by the Registration Act, 1908. The act mandates that any transaction that involves the sale, transfer, or lease of immovable property must be registered to make it legally valid. The registration process involves documenting the execution of the sale deed or transfer deed and entering it into the official records maintained by the government.

What Documents are Required for Registration of Property in Delhi?

To register property in Delhi, the following documents are typically required:

  1. Sale Deed: Duly executed and signed by both parties.
  2. Proof of Identity: PAN card, Aadhaar card, passport, or any government-issued ID for both buyer and seller.
  3. Proof of Address: Utility bill, voter ID, or any valid address proof for both parties.
  4. No Objection Certificate (NOC): From the concerned authority or society.
  5. Photographs: Passport-sized photographs of both parties.
  6. Property Card: For verification of property details.
  7. Stamp Duty Payment Receipt: Proof of payment of stamp duty and registration fees.
  8. Power of Attorney: If applicable, the original power of attorney document.
  9. Encumbrance Certificate: To prove that the property is free from legal dues.

How Can I Register My Property and Land Online in India?

To register property and land online in India, follow these general steps:

  1. Visit the State Registration Portal: Access the official property registration portal of your respective state government.
  2. Create an Account: Register as a user on the portal.
  3. Fill Out Forms: Complete the necessary forms with details of the property and parties involved.
  4. Upload Documents: Upload required documents such as the sale deed, identity proofs, address proofs, etc.
  5. Calculate and Pay Fees: Use the portal to calculate the applicable stamp duty and registration fees and make the payment online.
  6. Book an Appointment: Schedule an appointment for physical verification at the sub-registrar's office.
  7. Visit Sub-Registrar’s Office: On the appointed date, visit the sub-registrar’s office for verification of documents and biometric authentication.
  8. Receive Registration Certificate: After successful verification, the property is registered, and you receive the registration certificate.

What is the Cost of Registering a Property in India?

The cost of registering a property in India includes:

  1. Stamp Duty: Varies by state and ranges from 3% to 10% of the property value.
  2. Registration Fees: Typically 1% of the property value, but it can vary depending on the state.
  3. Miscellaneous Costs: These may include legal fees, service charges, and other administrative costs.

Is Stamp Duty Refundable?

Stamp duty is generally non-refundable. However, in certain circumstances, such as if the transaction is canceled or if there is an error in the payment, you may be eligible for a refund. The process for refunding stamp duty varies by state and typically involves submitting a formal application along with relevant documents to the local revenue or stamp duty office. Approval and refund are at the discretion of the authority.

To get specific details on the refund process, you should consult the relevant state government’s revenue department or a legal expert.

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart