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Society Conveyance Deed: All You Need to Know

Soumya Shekhar
Soumya Shekhar 03 min read 110 Views
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Did you know that a Conveyance Deed is required to acquire property in a housing society? Many people do not know that such a Conveyance Deed exists.  After developing a housing structure with a number of flats, common areas, etc., the developer sells these flats to multiple buyers for a price (making a profit in the process). The buyers come to own the individual flats, and they all have a common right to utilize the common areas. The flat-buyers then come together to form a housing society. The housing society regularly raises subscriptions from the members. It uses the proceeds to service the common areas, provide common services (such as electricity backup and water supply), hire employees for maintenance and housekeeping, and so on. Having a Conveyance Deed confers the legal ownership of the common areas of the housing society and plays an important role in proving legal ownership and later redevelopment projects. 

 

The Importance of a Conveyance Deed in Housing Societies

The ownership of the land is first transferred from the original landowner to the developer. With their newly acquired rights over the land, the developer can now develop society on this land. They commence construction and meanwhile begin marketing the to-be-completed society to prospective buyers. Those who agree to buy the completed flats enter into an agreement with the buyer. This agreement may be called by different names, such as ‘Sale Agreement’ or ‘Purchase Agreement’ and so on, but they are all the same in essence. There may be a number of clauses in this agreement. Amongst these, the most important one typically states that the developer promises to hand over the flats to the owners once the construction is completed.

When construction is completed, the developer hands over the flats to the respective buyers. However, there’s a catch. As a buyer, you have only acquired possession of your flat. The developer continues to own the whole land and all the buildings which stand on it. A possessor has some but lesser rights than an owner. Hence, in some sense, the developer can still continue to lord over you since they have more rights over the property than you do. To transfer the ownership of the whole land and the buildings standing on it to the respective buyers, the developer must execute a Conveyance Deed. 

A Conveyance Deed is a legal document that conveys some rights over an immovable property from one person to another. The developer must execute the Conveyance Deeds of flats and common areas to transfer their ownership rights to the respective owners and the housing society. Thus, the buyers will then become the owners of their respective flats, and all the buyers will then become the common owners entitled to jointly use the common areas.  

 

How to Execute the Conveyance Deed 

Keep the following pointers in mind while executing each required Conveyance Deed: 

  1. It must be written and signed by the parties. 

  2. It must be attested by at least two independent witnesses. 

  3. The required stamp duty must be paid. To ensure this, the Deed must be executed on non-judicial stamp paper of the same value as the stamp duty required to be paid. 

  4. It must be compulsorily registered with the local Sub-Registrar of Assurances. 

  5. It must clearly identify, at the very least, the land and other properties being transferred, the identity of the parties, the title history of the land and properties in question, and the fact that ownership rights are being transferred. 

 

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Documents Required for Executing the Conveyance Deed

  1. The duly executed and stamped Conveyance Deed must be presented to the office of the local Sub-Registrar of Assurances for registration. 

  2. Some states may require the advocate, or registered deed-writer, who drafted the Conveyance Deed to affix a declaration, and their registration number, on the Deed. 

  3. Proof of payment of the registration fees payable, if any. 

  4. Identity, and Address, Proofs of all the parties and the attesting witnesses. 

 

Deemed Conveyance Deed

In practice, members of housing societies often have trouble getting developers to execute Conveyance Deeds for their buildings. In such cases, some states allow the members of the housing society to request the State Government to provide them a Deemed Conveyance Deed. For instance, Maharashtra allows members of housing societies in the state to request a Deemed Conveyance Deed

Once the State Government provides a Deemed Conveyance Deed, although the developer has not really executed the required Conveyance Deed, the law will consider that it has been executed. This is a fiction of the law. Consequently, the members of the housing society will be entitled to the same rights they would have possessed had the developer executed the required Conveyance Deed. 

If your state allows you to obtain a Deemed Conveyance Deed, you have to file an application for this purpose before the competent authority, supported by the required documents. The authority will usually hear both the parties and pass a reasoned order. Accordingly, they will either accept or reject your application. If they accept the application, you will be able to obtain the Deemed Conveyance Deed. The documents typically required to obtain a deemed conveyance deed are:

  • Relevant land records, such as municipal records, land revenue records, etc. 

  • Copy of development agreement between landowner and builder. 

  • Copies of registered and stamped agreements of each flat

  • Approved building plan. 

 

In Maharashtra, the fee for deemed conveyance is INR 2000. Earlier, there was also a need to submit an occupation certificate from the builder, but now this requirement has been scrapped. The housing society can obtain an occupation certificate from the municipal corporation after the conveyance has been done. 

It is always preferable to take legal help while drafting a Conveyance Deed. Many builders do not adopt the traditional Conveyance method, and the flat-owners have to resort to deemed Conveyance.

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Property Rights of a Child after their parent's divorce
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Property Rights of a Child after their parent's divorce

When a couple gets divorced, the biggest casualty of this divorce is the children. They suffer from emotional and mental trauma. Future insecurity and doubts over the inheritance of property should not be added to this already stressful time. Hence, it is important to know how a child would get a share in their parents' property after their divorce. 

 

Right of a daughter in her father's property

The daughter's rights in the share of her father's property have always been one of the most talked-about aspects dealing with equality and justice. After 2005, daughters became coparceners in ancestral property. In 2020, the Supreme Court held that daughters would have an equal right to their father's property, even if they passed away before 2005. This further strengthened their inheritance rights.

The coparceners' daughters will benefit from the judgment and will be given equal rights as sons in their father's property. They would now have a right to inherit their father's property by birth. The daughter can also request a share in the property and bequeath her share in a will. But this case is only limited to HUF property.

A daughter has the right to both her father's ancestral property, which has been passed from her grandfather and in the self-acquired property of her father. A father, however by will, may exclude a daughter or a son from his property. 

A daughter will continue to be a coparcener in the ancestral property, even after her parents' divorce. She will have a claim on her parents' property even after divorce. However, if the property is self-acquired, then she will have a right over the property if she has not been specifically excluded from the will of her parent's intestate. 

 

Child's rights on father's property after divorce in India

Children's rights in their father's ancestral property are not affected upon divorce. Unless there is a will excluding them from inheriting the ancestral property. 

A father's self-acquired property is his own. He can choose to dispose of or transfer it in any manner he pleases to choose. A child cannot claim as a birthright, share in his father's self-acquired property. Typically, parents bequeath their self-acquired property to their children. If a father dies without a will, a child has a share in his self-acquired property as well, in the absence of a will to the contrary. The rights of children in the property of their father remain unaffected after divorce but depend on the father making a will; else, if he dies intestate, the rights to inherit the property is with the surviving legal heirs, and a child irrespective of divorce is a legal heir of his/her father.

 

Legal rights of a son on father's property in India

The son is treated as a Class I heir of his father's property. He has a legal right over his father's ancestral property. He also has an equal share in his father's self-acquired property if the father dies intestate.  

According to the Mitakshara School under Hindu Law, the son has a right by birth in his father's and grandfather's property. If it is a self-acquired property of the parents/father, the son cannot claim it. But there can be a consideration regarding the same if he can prove his contribution to the property.  The self-acquired property is unlike ancestral property. It is created and contains his earnings and property, which he has acquired independently. 

While a son has a right by birth in his father's ancestral property, he does not have such rights in his father's self-acquired property. If the father chooses to exclude his son from his will, a son will not get any share of his father's self-acquired property. 

A son is his father's legal heir and coparcener in ancestral property. If the parents get divorced, a son gets his share of inheritance in the ancestral property, as it is his birthright. A son may also get a share of his father's self-acquired property after divorce if his father does not exclude him from the same or dies without creating a will.

What rights does a Women have in her Husband's Property?
Property

What rights does a Women have in her Husband's Property?

A woman, apart from being a daughter and a daughter-in-law, is also a wife. In the capacity of being a wife, she has rights to her husband’s property. Indian law provides for certain rights of a wife over her husband's property. These rights are available not only to the first wife but also to the second wife. If a wife gets divorced from her husband, whether the divorce was mutual or not, decides whether the wife will get a share in the property of her ex-husband. The wife also has a right to the husband’s ancestral property through marriage. Let us see what are the various rights a wife has over her husband’s property. 

 

Property Rights of Wife After Divorce in India

A divorce is a highly stressful time for the couple. However, property matters further complicate things. What if the husband and wife were living together in the same house? Who gets the house after the divorce? What if they had jointly owned properties or bank accounts? Maintenance is a separate issue. Hence, it is important to know the property rights of a wife after divorce in India. 

If the property is in the name of the husband

If the divorce is mutual and the property is in the husband's name, the wife may not have any right over the said property. For instance, if the husband and wife live in a flat that was purchased in the husband's name, after divorce, the wife cannot claim her right over the same. Indian law recognizes those as the owner in whose name the property is registered. 

In such cases, the wife can demand maintenance from the husband, under the law, but cannot stake a claim to the husband’s property. 

If the property is jointly owned

Modern-day couples often buy property, which is registered in the names of both the husband and wife together. Such property is jointly-owned property. What happens to such property after divorce? Can a wife claim her share over a jointly-owned property? Yes, a wife has a share in a property that she jointly owns and her husband, even after divorce. However, for her claim to be successful, she would need to show that she also contributed to the property's purchase. If the wife has not contributed to the purchase of the property, but her name is just mentioned in the registration document, she may not get the share in the property. Furthermore, the wife’s share in the joint property is equal to the share she contributed. Hence, if contributing to joint property and their husbands, women should keep a document trail proving their contribution to the said property. 

Couples can also resort to a peaceful settlement of the joint property. Whoever wants to retain the joint property can buy the other’s share, and an out-of-court settlement can also be reached on the same. 

If the couple is separated and the divorce proceedings are ongoing? 

Please note that a wife is her husband's legal spouse till the time the court legally pronounces them as `divorced.’ Till such time, the wife has right over her husband’s property. 

Situations may arise where a husband leaves his wife and starts living with someone else or separately. In such situations, the wife and the children born out of their marriage have the right to stake a claim to the property.

If the husband marries a second time then the wife and children from the first marriage would have a claim over the property. without getting divorced from his first wife

 

Wife’s Rights on Husband’s Property in India

A wife is entitled to inherit an equal share of her husband’s property. However, if the husband has excluded her from his property through a will, she does not have a right to her husband’s property. Moreover, a wife has a right to her husband’s ancestral property. She has a right to reside in her marital home and a right to be maintained by her husband. 

 

Rights of Second Wife in Husband’s Property in India

If a man marries, without formally and legally divorcing his first wife, the second wife and her children's rights become limited. The law views the first wife as the legal wife till the time the court finalizes the divorce. 

Polygamy or having more than one wife is prohibited under Hindu law. Hence, if the first wife is living and is not legally divorced, then the second marriage assumes no legal significance. This means that the second wife will have no claim over her husband’s property. However, her children would stand to inherit their genetic father’s property. 

If the second marriage is legally valid and occurs after the first wife’s death or after the man is legally divorced from his first wife, then the second wife would get all the rights a wife would have over the husband’s property. These rights would be over the husband’s ancestral as well as self-acquired property. 

Hence, the second wife's right over her husband’s property depends upon the legal status of the marriage. It is important to check if the man you are marrying already has a living spouse or not. 

Thus, the property rights of a wife in India over her husband’s property depend on a variety of factors. It is important to know how a wife can lay claim over her husband’s property and what is her share in the same.

Married Women's Property Rights in India
Property

Married Women's Property Rights in India

Discrimination against Indian women has continued since long. Till as recently as 2005, Indian women were not entitled to inherit property. They were not coparceners but only members of the family. In 2005, the Hindu Succession Act was amended, and hence, for the first time, daughters became coparceners. Married women are often not considered as part of their birth family. After 2005, a married woman stops being a member of her birth family but remains a coparcener. As a coparcener, she has the right to enforce partition. She can also become a Karta of a Hindu Undivided Family.

Married Women's Property Act

The Married women’s Property Act, 1874 (MWP Act) protects a married women’s property against her husband, his creditors, and his relatives. The MWP Act applies to all married women of all religions. If your husband runs a business and has creditors, they would have the first claim on his life insurance policies. If you and your husband bring such policies within the ambit of the MWP Act, then you and your children will have the first claim. MWP Act protects a married woman by ensuring that her property is not taken away by any third-party. A policy under MWP Act cannot be assigned to anyone else.

Who can be the Beneficiaries under the Married Women's Property Act?

The beneficiaries under the MWP Act are: 

  • Married woman and the child

  • Married woman alone

  • Child (both natural and adopted)

If you are a Muslim you need to have a named insurance policy. What share would go to the wife and what share would go to the child, can be expressed as percentages of share?

How will the Beneficiaries receive their benefits under the MWP Act?

MWP Act in India considers each policy as a discrete trust. Hence, the proposer also needs to name the trustees. Trustees are generally the wife or the child. The trustee can also be an adult child of the proposer or a third person. 

The moment the policy is brought under the MWP Act, a trust is created. There is no requirement to create a separate trust under the Trusts Act. Trustees can be changed at any time, but the beneficiaries once named cannot be changed. 

As stated earlier, the policy cannot be assigned. Hence, the proposer cannot take a loan against the policy. This protects the married woman’s rights to her property as no creditor can, later on, claim his right over the benefits arising from the policy.

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How can I get my Insurance Plan covered under the MWP Act?

When you are taking an insurance policy, inform your insurance provider that you want your insurance plan covered under the MVP Act. You would be given an addendum along with your insurance policy. You would need to fill in the name of your beneficiaries and trustees in the addendum. Please note that it is not compulsory to name trustees. You can avail of this benefit only when you are taking the policy. You would not be able to change your insurance policy later on. You cannot assign an existing insurance policy under the Act.

What are the Safeguards Under the MWP Act?

MWP Act provides the following safeguards: 

  • It protects the dependants of the proposers from losing out on the proposer’s property. In the absence of the protection of the MWP Act, a creditor may lay claim to the proposer’s property. 

  • If you are a businessman, this would protect your personal property against your business debts. 

  • If the husband’s parents want to oust the wife after the husband’s death, they will not be able to do so, if a policy is protected under the MWP Act. 

  • Till the time the beneficiaries who are named in the policy are alive, no one else will have a right to the benefits arising from the property.

  • If you are part of a joint family, covering your policy under MWP may be beneficial.

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Is Surrender of Policies Allowed Under the MWP Act?

The proposer should make a surrender request. The surrender request should be signed by the policyholder and the trustee. When a surrender request is made, the beneficiary should not be a minor. The maturity benefits which arise out of the policy should go to the beneficiaries named in the policy.

MWP Act in India is a great tool in the hands of married women to protect their property. A life insurance policy protected under this Act would prevent the property of the husband from being taken away by creditors or even in some cases relatives. A married woman does not have the right to property in her marital home. Hence, it is important that the property of her husband is protected to the benefit of her and her children. Not many people know about the MWP Act. Hence, very few insurance policies are covered under the same. If you run a business or stay in a joint family or even if you are a salaried employee, it would be beneficial to cover your insurance policy under the MWP Act.

Know about Daughter’s Rights in Ancestral Property
Property

Know about Daughter’s Rights in Ancestral Property

In India, daughters were not coparceners. Hence, daughters did not have rights in ancestral property. A daughter is a member of the family but not a coparcener. Till the time the daughter was not married, she was to be looked after by her parents. After marriage, she went to her husband’s house and was no longer even a member of her birth family. Many feared that the husband or the husband’s family would claim the property, and hence, daughters were not given a right to the ancestral property. After 2005, this position changed. The Supreme Court gave daughters equal rights in ancestral property.

Daughter’s Rights and Share in Ancestral Property

Before 2005, only a son was a coparcener. A coparcener is an heir who acquires interest in the property by birth. A daughter was a member of the family but not a coparcener. A coparcener is someone who can enforce the partition of the property. 

In 2005, amendments were made to the Hindu Succession Act. These amendments made a daughter a coparcener and hence gave her an equal share in the ancestral property.

A daughter can now have two kinds of rights in the ancestral property: 

1. Coparcenary rights: 

Before 2005, daughters were not coparceners in the Ancestral Property of their Hindu Joint Family. Hence, they had no coparcenary rights over Ancestral Property. Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property. 

By definition, the eldest three generations of sons, and daughters, of the same Hindu Joint Family are now the coparceners of the Ancestral Property of that family. Hence, as a daughter, you will be a coparcener in the Ancestral Property if the oldest coparcener in the family is your grandfather, grandmother, father, or mother. Your father himself will be another coparcener, and so will his brother[s] and sister[s]. Your brother would also be a coparcener. There may also be other coparceners, depending on how many of your ancestors and descendants are alive. 

As a coparcener, you have certain rights to control the Ancestral Property. These are known as co-coparcenary rights. Two important co-coparcenary rights are: 

  1. Ancestral property cannot be disposed of without the consent of all the coparceners. Your consent will be necessary to dispose of the Ancestral Property. 

  2. As a coparcener, you have the right to unilaterally call for a partition of the Ancestral Property. No other coparcener can deny you of this right. 

Though the Supreme Court had made daughters coparceners, there was still some confusion regarding whether a daughter whose father died before 2005 would inherit ancestral property. Supreme Court clarified by holding that even if the father has died before 2005, the daughter will still have coparcenary rights over the ancestral property.

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2. Inheritance Rights:

Even before 2005, daughters had the right to inherit a share of the Ancestral Property of their Hindu Joint Family. Although daughters were not coparceners, they nevertheless had inheritance rights in the Ancestral Property. After enacting the Hindu Succession (Amendment) Act, 2005, daughters retain the same inheritance rights in the Ancestral Property. 

Similarly, your mother, as the daughter of your maternal grandparents, will be entitled to inherit a share of your maternal grandparents’ Ancestral Property. This will be considered Ancestral Property in the hands of your mother. A daughter can inherit her mother’s property after the mother’s demise.

Married Daughter’s Rights in Ancestral Property

Before marriage, a daughter is a member of the family, as well as a coparcener. After marriage, a daughter stops being a member of the family. She is only a coparcener. She can demand the partition of the family property as well as become the Karta of the family. After she passes on, her share in ancestral property moves on to her children. A married daughter has an equal share in the ancestral property, but she cannot gift her share in the ancestral property while alive. She can only bequeath her property by way of a will. The 2005 Supreme Court decision has made all daughters coparceners irrespective of their marital status.

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Daughter-in-Law’s Rights in Ancestral Property

Courts have not reached a consensus when it comes to daughter-in-law’s rights in ancestral property.  But the general judicial opinion is that daughter-in-law does not have a right to their husband’s ancestral property on their own. They only have a right to their husband’s ancestral property through their husbands. Hence, the daughter-in-law would inherit her husband’s share of the ancestral property. 

If the property is self-acquired by her in-laws, then a daughter-in-law has no right to such property. A daughter-in-law only has a right of residence in the self-acquired property.

DDA Flat Registration Scheme is a yearly "affordable housing" event
Property

DDA Flat Registration Scheme is a yearly "affordable housing" event

This post is one of the most frequently talked about topics of discussion when it comes to affordable housing. Yup, you guessed it right, we are talking about the Delhi Development Authority (DDA) Housing Scheme that is announced by the government on a yearly basis. This topic garners keen interest not only because affordable houses are offered to applicants via lucky draw but the scheme also covers a wide stratum of people, whether they are from the general category or from economically weaker groups or the reserved sections of the society like SC, ST, OBC, etc. As we progress in this post, you will have more insights on several aspects related to the DDA Flats Registration Scheme 2021 – what is the scheme about, its benefits and the general eligibility conditions, etc.

What is the DDA Flat Housing Registration scheme?

Briefly mentioning, under the Pradhan Mantri Awaas Yojna, DDA recently announced the housing registration scheme for the year 2021 wherein the authority has put for sale, more than 1300 flats of various types located at different locations in New Delhi. The sole aim of the scheme is to enable people to buy affordable houses as the houses being offered by DDA are priced cheaper compared to the houses sold by private real estate developers.

The ongoing pandemic has seen massive digitization of government services. DDA Housing Registration Scheme for 2021 has also followed the same path. The authority has completely automated the flats registration process. Some of the following online services are likely to be provided by the DDA to potential house buyers through its Awaas software:

  • Initiating the Online flat registration process by prospective buyers

  • Filling up the online flat registration form

  • Paying flat registration charges and fees

  • Conducting draw of lots under the supervision of authorized government officials

  • Issuing allotment and/or possession letters to the allottees

An important point to note in this scheme is that the allottee(s) may need to visit the office of the DDA for completing the conveyance deed execution process in his or her name.

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Type of Flats being offered under the scheme and related registration charges

There are broadly four categories or types of flats that have been put for sale by the DDA under the current scheme. They are:

  • Higher Income Group (HIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

  • Middle Income Group (MIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

  • Lower Income Group (LIG) – The registration charges or application amount to be paid for this category of flats are Rs. 1 Lakh.

  • Economically Weaker Section (EWS) - The registration charges or application amount to be paid for this category of flats are Rs. 25 Thousand.

Some general conditions to be noted are:

  • The application once submitted cannot be withdrawn.

  • The spouses (husband and wife) can apply either separately or jointly with their spouse(s). However, if they apply separately/individually and both applications are selected in a lucky draw, only one flat will be allotted as per regulations.

  • The allotment of flats will happen via draw of lots, the date of which will be announced by DDA in due course.

  • The date of allotment will also be announced soon by the DDA.

  • The possession of flats will be given after allotment and receipt of the first payment by the DDA.

  • The DDA will initiate the refund of payment for an unsuccessful draw after 30 days from the date of draw of lots.

  • It is advisable to regularly visit the DDA website for information on the ‘lucky draw’.

What are the eligibility conditions for putting a DDA housing scheme application?

As per DDA, any applicant interested in putting up an application needs to fulfill the following criteria:

  • Only a citizen of India can apply for the scheme.

  • Applicant must be over 18 years of age.

  • Applicant must not be an existing leasehold or freehold owner or joint owner of residential house or plot of size 67 square meters in Delhi, New Delhi, or Delhi cantonment.

  • Applicant must possess an active bank account.

  • Applicant must also have PAN Card.

  • Annual income of applicant applying under EWS category must not exceed Rs. 3 lakhs.

  • Household income of EWS category applicants should not be more than Rs. 10 lakhs.

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What documents are required for submission along with the application?

The applicant needs to submit the self-attested copies of the following documents:

  • Address Proof that may include documents like Driving License, Passport, Voter ID, Electricity Bill, Aadhaar Card, etc.

  • PAN Card

  • Bank Statement or Passbook

  • Income Tax Return filed for the assessment year

  • Reserved Category certificate, as applicable, issued by a competent government authority

Conclusion

The DDA Housing Scheme is a good opportunity for all those who are planning to buy a reasonable house in Delhi. The scheme has been created keeping in mind the budgetary constraints of people who dream to own a home. With several nationalized government and private banks providing housing loans at prevailing interest rates, the scheme definitely has the potential of being economical for the common citizen. We suggest you evaluate all your options including the legalities involved and register before the deadline ends if it fits your bill.

Land Patta Registration is the evidence of your Land Ownership
Property

Land Patta Registration is the evidence of your Land Ownership

Land is often seen as a complicated subject. The existing or new owner(s) of the land parcel(s) must know all documents that they need to have while transacting for a piece of land. Off late, we have been discussing several important aspects related to the ownership of land parcel(s). In this post, we attempt to share some more details about one such important document that has a validity related to the legal ownership of a piece of land. Yeah, we are talking about an important document called the ‘land patta’.

What is a Land Patta?

It is an important document issued by a competent authority (generally, the tehsildar) of the Government of India that includes the full name and other related details (size and type of the land) of the legal owner of the land parcel. This document is also called the ‘record of rights’ and acts as evidence of land ownership, typically in cases of encroachment of land. Having this document is very important, especially in the land deals, as the land patta specifies the name of the individual or person that is registered with the tehsildar’s office as the owner of the land parcel.

Some of the important points to note related to patta registration are:

  • Registration patta is a legal document, also sometimes referred to as the land deed

  • One-time patta registration is required with the tehsildar office

  • Person holding a registered government patta is also termed as pattadar

  • No renewal is required after registration of patta is done in a particular owner’s name

  • Renewal of patta can only be done when the piece of land under consideration is sold or transferred (by will, succession, or gift) to someone else

  • Patta is also needed when government acquires land for industrialization or development under orders of the honorable courts

  • Patta may generally be obtained on a nominal fee basis that may vary from state to state

  • Term ‘patta’ is mostly used in India and in some neighboring countries

  • Onus of initiating land patta registration process and getting the patta registration details updated in government records lies on the land owner and not on the government authorities or any other party

We must also understand the type of land parcels that require a government patta registration are:

  • Unconstructed plot(s) of land(s)

  • Land parcel(s) with construction

  • Piece of land(s) where the owner does not visit frequently

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How can the owner get patta bhumi registration done?

The registration process is fairly simple but may vary from one state to another. However, the general process of patta chitta registration is as follows:

  • The owner needs to file an application in the prescribed format with the office of the Tehsildar of his or her district.

  • With the advent of technology, the process of filing patta registration has also been automated. In today’s times, the owner of the land can file the application for patta registration online as well. However, it is important to note that there are only limited states, for the time being, that provides online patta registration facility to land owners.

  • The application form, in other words also called as patta registration form, for issuance of patta may vary from state to state and generally asks for details of the owner of the land parcel, size of land, location and type of land (residential, commercial or agricultural).

  • The application form may need to be submitted along with some additional documents, such as, owner’s identity proof, aadhaar card, etc. as per government norms for processing of application.

  • A designated officer from the office of the Tehsildar visits the land for survey and inspection on receiving the land patta registration application.

  • On successful completion of the inspection, the patta registration is granted to the owner of the piece of land. The inspector, however, reserves the right to reject the application as well.

  • The patta registration certificate can be issued in hardcopy form and may come in English as well as regional languages. It can also be issued in softcopy format, wherever the facility is available.

  • An important point to note here is that the same process may apply for transfer of registration of land patta to a new owner of the land parcel.

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Conclusion

Irrespective of the fact whether you are an existing or a new owner of the land parcel, the patta registration certificate remains the most important legal document that acts as evidence of the land ownership. It is important for you as the land owner to get the same registered properly. Also, the new owner by virtue of sale or succession or will or gift may need to initiate the transfer process as soon as he or she gets the ownership of the piece of land. The charges of getting the patta registration registered or transferred may be applicable as per norms laid by the state government.

While so much digitization is happening in India, state governments are trying to smoothen the patta registration, patta transfer as well patta verification process for the land owners. The endeavor is to make the process more convenient, comfortable, and hassle-free.

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