Property Registration Process in India

Property Registration Process in India

Buying a property and building a house on it is a dream for every Indian. But after Buying the property there are many Processes to complete the Ownership. And you already know there are many frauds in India who will not reveal the actual process to own the right way.

28 Oct 2021

Read the full Blog so you would know how the Property Registration Process in India happens. You might be aware of the corruption surrounding the deals including creating fake documents, demand for half payment in cash, and also issues of disputed land sales. 

In This blog, you’ll know how to proceed with the Registration Process and Mutation process to completely own the land and further you can build your dream house.

 So, are ready to register your land, it is advisable to read till the end and also follow the steps and procedures

Preparation

In this Part you have to seriously verify all of the titles of the property, For that follow these steps- 

  • The seller has made the payment- Check your property owner must be paid the amount of land to His previous landlord completely.
  • Make sure No dues on the property- Check if the Loan, Taxes, Society Dues, and Others are already cleared. Get the Encumbrance Certificate-This document can be procured from the sub-registrar's office where the deed is registered. This certificate declares the land is free of legal hassle and unpaid dues.
  • The Deed Title-Check if the deed title is in the name of the Current seller and he has the full right to sell it. Insist upon looking at the original and not just a photocopy.
  • Property Tax Receipts and Bills- Ask for the originals again and ensure all the payments have been made as this could lead to legal complications and more expenditure in the future.
  • Check if the loans are paid- land is repaid with a release certificate issued by the bank and get the property valued for the exact land measure. 
Now, Before going to the second step- Property can be transferred legally only by executing a Registered deed/sales deed/Gift deed and payment of stamp deed.

Calculate Stamp Duty and Registration Charges on Property

Know each part and follow the Procedure of Property Registration Process in India. 

  • Stamp duty- Stamp duty and registration charges are import taxes that a homebuyer must pay to the respective city authorities to register a property in their name. All state governments levy different rates of stamp duty and registration fees. 
  • Why do you pay stamp duty?- Stamp duty is paid to attain legal evidence of a property owner or to register the property in your name in the municipal records. Pay the stamp duty charges applicable on the property transaction. And advisable to pay stamp duty of land purchase without any delay.
  •  Different cities have different names of Stamp Duty- 
    •  In Delhi, Uttrakhand, U. P- Circle rate 
    •  South India- guidance value/ Guidelines value 
    • In Punjab and Haryana- The collateral rate 
  • Stamp duty calculated on Higher Value- residential property is calculated on the higher value between the Ready Reckoner rate and the value of property mentioned in the agreement. 
For Example, if the agreement value of the property is 60 Lakhs and the ready reckoner rate of the unit is Rs 50, the stamp duty on sale of the property will be calculated on the property agreement value, which is higher (Rs 60 Lakhs).
  • Factors that will help you in calculating stamp duty charges in India
    • Varies with Different Municipal corporations- if the property falls inside the municipal corporation limits, municipal council, and gram panchayat, the Rate varies.
    • Land Type- In some states, rebates are extended on stamp duty on agricultural land as compared to non-agricultural land.
    • Status of the property - old or new unit.
    • Location of the property-Stamp duty charges is based on the jurisdiction under which property falls. It differs from the city area, rural area, metropolitan area, and suburban.
    • Depending on Age and gender- Rebates and discounts in stamp duty rates are applicable to senior citizens and women in many states.
  • Stamp duty rates across States Below is a state-wise list of stamp duty Charges that will help you understand the current rates in your respective state.
States Stamp Duty Rates
Arunachal Pradesh 6%
Bihar Male to Female - 5.7%
Female to Male - 6.3%
Other cases - 6%
Chhattisgarh 5%
Goa Upto Rs 50 lakh - 3.5%
Rs 50 - Rs 75 lakh - 4%
Rs 75 - Rs 1 crore - 4.5%
Over Rs 1 crore - 5%
Gujarat 4.9%
Himachal Pradesh 5%
Jharkhand 4%
Madhya Pradesh 7.5%
Maharashtra 5% for male 4% for female
Manipur 7%
Meghalaya 9.9%
Mizoram 9%

  • Stamp deed calculation 
    • Stamp value generally- 3-10 % of Property value
    • Registration charge-1 % Of the Property value
    • Estimate Stamp Duty Online- To calculate, the circle rate of your land multiply the area of plot in square meters by circle rate for land in the locality in ₹ Per square meter
    • Take a professional Help-Agent/advocate/document writer
  • Payment of Stamp Duty- Follow these methods to complete the payments. 
    • Non-Judicial Stamp paper-Purchase the required value from the authorized stamp vendors mostly available near the coat. The sale deed is Printed on this stamp paper.
    • Franking machine- Go to the bank where the franking machine is available. Pay stamp duty with cash or Demand draft and take the print paper. You will get it in the form of a Postal stamp where the rate is written. Finally, Bank attests to the sale deed with the stamp mentioning.
    • E-stamping- Go to the stock holding corporation of the Indian Government. All data stores. Pay stamp duty at authorized Collection Centres and some scheduled banks through RTGS, Draft, or Cash payment. Collect your E-stamp where you’ll get the Unique Identification Number. You can easily get it filling information about the Land. Here is the Link of- State-wise Contact Details For e-Stamping- Stock Holding Corporation of India Limited- https://www.shcilestamp.com/

Sale Deed

It’s a legal document for the Property Registration Process in India that is used during a property transaction as evidence of sale and transfer of ownership of a property from a seller to the buyer. 

  • Property Transfer- Where there are Details of Buyer and seller. 
  • Payment Details- Make the Payment either check, RTGS, or any other methods following the sale deed terms and conditions
  • Complete Transfer- In the sale deed, there must not be a conditional sale and must be complete ownership rights to be transferred.
  • Print the deed on stamp Paper- Buyer and seller to sign on each Page and 2 witnesses to be signed on the last page. 

Registration in the sub-registrar Office- and Check Online 

  1. Take appointment or Token No. 

  2.  Present with the buyer, seller & 2 witnesses in person at the same time. 

  3. Execution of Deed in Writing -The draft should be in writing mentioning the entire property detail. 

  4.  Document- carry aadhar card, ID proof, 3 Photos of each, and other compulsory docs. 

  5.  Signature and Finger Print have taken in presence of sub-Registrar 

  6. All affix on the sale deed. 

  • Collect registered sale deed 
    • Collect Token Slip after Signing Deed in Sub-Registrar Office
    • Collect the Original Registered deed in 15-20 Days
    • If Loaned- Bank will collect Original Registered Deed

Mutation of Property

If the Property is Rural/ Outside Municipal Limits-The new owner gets the property recorded in his name in the Land Revenue Department. Mutation of property helps the government to levy property tax from the right owner.

  • Different names of the sale deed-Different states have different names- Jamabandi, Khatauni, Khaitan, Pahani, Adangal, Patta, Chitta. 
  • If Urban Property- Change of name in Municipal records (For the Purpose of Property tax).
  • Apply for mutation of land/property- Apply the mutation at municipal bodies that maintain land records and where you’ll get the mutation of your land or property easily. Since several states have launched services online, go online and start the mutation process.
  • Documents are required for mutation
    • Correctly filled property mutation application form
    • Copy of the sale/title deed
    • Affidavit on stamp papers
    • Indemnity bond
    • Copy of Aadhaar Card
    • Property tax receipts
    • Copy of succession certificate or death certificate of the owner.
  • Property mutation fee- It varies with different states. Rs 100 as the application fee, Rs 200 for the indemnity bond, Rs 100 for the affidavit, and Rs 50 as notary charges. 
  • How is property mutation done- The buyer must appear in the municipal office, along with all the documents. The department does the physical verification of the property and then, issues the property mutation certificate. You can simply visit the official portal online and complete the process. Or just take the help from an Expert or agent.
  • Time does it take to complete property mutation- Once you submit your application, it might take the municipal body 15 to 30 days to issue a property mutation certificate to you.

If you're Beginner and want to know the all norms of Practical property Dealing- CLICK HERE!

You Must Read- What are the Steps before purchasing land?- 8 Easy step-by-step process. 

And Especially This one is exclusively for you to Read- How to become a successful real estate agent in India-for beginners

Registration of property in India is mandatory as per the Indian provision Registration Act, 1908. The transfer of immovable property has to be registered to obtain the rights of the property on the execution date of the deed. 

 We are sure this blog has helped you register your own property with the above knowledge. 


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Property Registration Process in India