It is essential to register the transfer of property in India, under Section 17 of the Registration Act, 1908. This Act governs the registration of transfer of immovable property in India. Registration is compulsory because the person in whose name the property is registered is the rightful and legal owner of the property. Registering a property involves various aspects. Stamp duty is levied on the registration. Registration rules of each state are different and hence, the process of registration depends upon the state where the property is located.
The property description with the number it bears, area, pin code, the property type: flat, plot, agricultural, mode of ownership: purchase, gift, lease, owner’s personal details: Name, age, occupation, parent’s name, proof of property: Title deed, power of attorney, etc. are required at the time of registering the property.
Procedure for Registration of Property
Several states have their websites for online registration like Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, etc. For instance, in Bangalore, there is Kaveri Online Services(https://kaverionline.karnataka.gov.in). You can register as a user on these property registration websites. You can enter the details, such as the date of execution of the sale deed, total number of parties, and other details as part of document registration. You also need to provide ID proof-details of witnesses and buyers, property value, and the nature of the property you seek to register.
You can download the registration form for your land and the application form, from the website of the concerned authority’s office in the state. You can also visit the office and obtain the registration and application form offline. Properties in both urban and rural areas come under the jurisdiction of the State Government and are managed under a Tehsil (taluka or mandal). The e-registration of property (housing or commercial rental) is also on similar lines. The process will only differ if the land is vacant or occupied.
You will need to furnish the following documents at the time of registering the property:
- Identity proof of parties- Aadhar Card, PAN card etc.)
- Two passport photographs of parties involved
- Sale deed
- Power of authority in case the party is representing someone else.
- If a company is a party then power of attorney/letter of authority, along with a copy of the resolution of the company’s board
- property card
- Acknowledgement of payment of stamp duty
- Registration fee
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Registration of Old Property
Registration of old property was slightly different than the properties bought recently. While the law governing was the same, the facilities of online procedure were not available. Registration should be completed within four months of execution of the transfer. Before technology was used, the documents submitted took four months to be returned from the registrar’s office. However, the new registration rules in 2019 and 2020 enable the documents to be returned the same day. It is easier to register a property in the present times than it was to register an old property.
Types of Land Registration
Registering property is the last and most important step after one has bought the property. If your property is not registered in your name then it would be difficult to prove ownership in the courts. If in the future some dispute arises then it is essential to have the property registered in your name. There are various ways in which you can register immovable property such as land:
1. Full Property Value: It is one of the simplest and most straightforward ways to execute a property registry. You register your property at the full value which you have paid for the same.
2. Property Value is Higher than Circle Rate: You can register at the full property value if the value is higher than the circle rate.
3. Property Value is Less than Circle Rate: You may register a property which is less in value than the circle rate. However, the difference between the circle rate and the actual sale value of the property is considered as income and is taxed at rates appropriate to the income slab.
4. Bank Valuation: While In some cases, banks insist borrowers register the property at either full property value or higher value.
5. Sale Certificate: Applicable only in the case of bank auction properties.
6. Undivided Share Value/Sale Agreement Value: To register a property at Undivided Share (UDS) is the most common practice. For an under-construction property, the builder signs two agreements with the buyer which are the Sale Agreement and Construction Agreement. The construction agreement is towards the construction cost of the flat/property. Builders register the property at sale agreement value or UDS. This practice is adopted to save stamp duty costs.
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New rules for Property Registration in India 2020
The documents to be registered must be presented in four months starting from the registration date. As of 2020, due to computerization, copies of the documents are available on the same day. If a property is not registered, it will not serve as valid evidence in court. Unregistered property has no legal validity. In case the property is acquired by the government one cannot be entitled to compensation if the property has not been registered.
Stamp Duty Charges & Property Registration in India, 2020
Stamp duty which is a tax imposed by the government on the parties dealing in property transfer and is charged by the central and state government. The purchasers must pay the stamp duty charges on the agreement of sales that falls under Section 3 of the Indian Stamp Act, 1899.
Stamp Duty charges differ upon state rules also depends upon:
- Property Status: Old or New
- Property Location: rural area, City area, etc.
- Owner’s age
- Owner’s gender
- Property utilization: Commercial or Residential
- Property type: Flat or house
Property Registration Act
If you have entered into a transaction for the sale of immovable property and the value of such property exceeds INR 100, You need to register the same. Section 17 of the Registration Act, 1908 makes such registration compulsory. The Registration Act also provides for which documents are essential for the registration of property and which are optional. Fees for registration vary according to the state. If a property is not registered then it cannot be produced in the court as proof of ownership. Property should ideally be registered within four months of execution of the transfer. A maximum condonation of further four months may be allowed with the penalty for delay in registration. But the document needs to be presented for registration within eight months of execution of the transfer.
Property registration is a complex procedure and ideally, help from a lawyer should be taken for the same. You should not delay registering your property and get the same registered within the stipulated time.
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