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People Also Read This: Property Registration Online Procedure and New Rules in India

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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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.

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

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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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’.

Those who read this Article also Consulted a Lawyer about DDA Schemes. 

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.

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Procedure for Flat Registration

When you bought your flat, you and the builder/seller will have executed a Sale Deed. This Sale Deed needs to be registered with the local Sub-Registrar of Assurances, who has jurisdiction over the locality in which your flat is located. Flat agreements in most states are registered online; however, the final step needs to be completed in the registrar's office.

The entire process typically involves the following steps:

• Book an appointment for registering the Sale Deed: You need to register on the government's website and create a Login ID in most states. Then you need to upload the documents and book the appointment.
• Pay the prescribed registration fees.
• Attach copies of the Sale Deed and the identity proofs of the parties and the attesting witnesses.
• The parties, and their attesting witnesses, have to be physically present at the Sub-Registrar's office at the date, and time, of the appointment.

Depending on which state your flat is located in, some of these steps can be conducted online. However, in every state, Step 4 must be conducted offline: one visit to the Sub-Registrar's office for this purpose is necessary.

For instance, for flat registration in Bangalore and the rest of Karnataka, Steps 1, 2, and 3 of the flat registration process can be conducted online on the Kaveri Online Portal. Similarly, for registering a flat in Pune and the rest of Maharashtra, Steps 1, 2, and 3 of the flat registration process can be conducted online on the IGR Maharashtra Portal.

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Flat Registration Fee & Stamp Duty Charges

The exact registration cost for your flat will vary from state to state. Typically, the registration cost is about 1 - 3% of the market value of the flat.

Note that the flat's market value need not be the same price at which you have bought it. The sale price for your flat was determined between you and the builder/seller. This price can be quite literally anything. However, the market value of the flat is fixed and is calculated according to the rules of the state in which the flat is located. Most states now have online calculators available, which will give you a fairly precise estimate of the registration fees of your flat.

Documents Required for Registration of Flat

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

The following documents are required for the registry of flats:

• Appointment letter, obtained after booking an appointment with the respective Sub-Registrar's office.
• Proof of payment of the required registration fees.
• The original Sale Deed for your flat.
• Identity proofs of the parties to, and the attesting witnesses of, the Sale Deed.
• Copy of the Possession Letter issued by the seller/builder.

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You can get your lease agreement registered at the office of the Sub-Registrar of Assurances; in whose jurisdiction the leased property is situated. You need to register the lease within four months of signing the lease agreement. If you fail to do so, you may ask for an extension, but a hefty penalty may be levied. Both the tenant and the landlord need to be present at the time of registration. Two witnesses should also be present at the time of lease agreement registration. If one of the parties is unable to be present, then they can give the power of attorney to their lawyer and their lawyer can get the lease deed registered on their behalf. 

Following documents are required for registration of a lease deed: 

• The original proof of ownership of the property. 

• Property documents of the property to be leased. A tax receipt can be submitted as a property document. 

• Two photographs each of the parties and one photograph each of the witnesses. 

• Address proof copy of the landlord, tenant and the witnesses. You can submit your Aadhaar, bank passbook, passport etc. as your address proof. 

• The rental agreement printed on the stamp paper of the correct value. 

Stamp duty varies in different states. In Delhi, you need to pay stamp duty at the rate of 2% for lease agreements for a term of up to 5 years and at the rate of 3%, if the lease deed exceeds 5 years. The lease deed registration fees is INR 1100. This fee does not depend upon the value of the property. 

Those who read this Article also Consulted a Lawyer about lease deed registration process. 

Online Lease Agreement Registration

In some states, lease agreement registration may be done online as well. For instance, in Maharashtra lease agreement online registration may be done. Let us examine the process for lease agreement registration online: 

• You need to first check if online lease agreement registration is possible in the state where you live. 

• If yes, then visit a government authorised website and create your profile there.

• You may need to enter certain information such as the location of your property, area of your property, what property type it is, address etc. 

• Once you have completed this step, you would be given a token number which you will have to use as user ID for logging in next time. 

• You would then be asked to enter details of the parties to the lease agreement. You need to mention details such as whether you are an individual or a company, what is your occupation, address etc. 

• Once you have entered all the details, you will be asked if you want to pay stamp duty and lease deed registration fees online. You can pay these charges through an online challan. You need to enter certain information such as address of the property, landlord and tenant’s name, CTS number of the property (for properties already under city survey), location of the property etc. 

• Once, you have paid the lease deed registration fees and the required stamp duty, you will need to book an appointment with the sub-registrar. Remember, that a lease agreement registration online, does not mean that you will not have to go to the sub-registrar’s office. It just makes the process of lease deed registration easier. When you get the appointment, go to the sub-registrar’s office on the said date with all the relevant documents. The sub-registrar would finalise your registration. Documents required for online registration of lease agreement are the same as those required for physical registration of a lease agreement. 

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While online lease agreement registration is easier than physical registration, it is not prevalent in many states. It is always preferred that you take legal help to draft a lease agreement. A lawyer would guide you through the drafting and registration process and will help you save time.