Register a property in India

Understand the process of property registration, and get it done without any hassle with the help of best property lawyers—all with LawRato.

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What is Property Registration?

Property registration is the process of formal recording of essential details of the property in the government records at the Registrar's office. It confirms the ownership of the property. When you register a property, it serves the purpose of evidence preservation, title assurance, document publicity, and fraud prevention.

According to Section 17 of the Registration Act 1908, all buyers of immovable property are legally mandated to register their property, and such property registration without a seller is not possible. This registration process involves the payment of stamp duty, a percentage of the transaction value, to the respective state government, in addition to a 1% registration fee.

Also Read: All You Need to Know about Transfer of Property fair resolution

New Rules to be considered while you register a property in 2023

As per the new rules, registration of a property has been made compulsory if it has been bought for more than 100 Rs. The documents for registration must be submitted within four months from the registration date. Failure to register a property renders it invalid as evidence in court and holds no legal weight. Additionally, if a property is acquired by the government and remains unregistered, the owner may not be entitled to compensation.

To register a property, you'll need the following documents:

LawRato Agreement for sale

LawRato Certificate of encumbrance

LawRato Receipts for property taxes

LawRato No-objection certificate

LawRato Deed of sale/ Property deed

LawRato Certificate of occupancy for new constructions

LawRato Certificate of completion for buildings under construction

LawRato Certificate of TDS deduction (for properties valued over Rs 50 lakh)

LawRato PAN card of the buyer

LawRato PAN card of the seller

LawRato Aadhaar card of the seller

LawRato Aadhaar card of the buyer

LawRato Passport-sized photographs of both parties

LawRato ID proof of the buyer

LawRato ID proof of the seller

LawRato ID proof of witnesses

LawRato Power of Attorney (if applicable)

LawRato Proof of payment for stamp duty and registration fees

LawRato Address proof of the buyer

LawRato Address proof of the seller

LawRato Address proof of witnesses

Process/ Procedure for Registration of Property

To register a property in India, follow these steps:

1. Obtain property details, seller and buyer information, and calculate stamp duty based on property value or consideration amount. Visit the revenue department website for necessary forms and guidelines.

2. Purchase e-stamp papers from SHCIL.

3. Draft the property registration document with the help of a drafter, ensuring it's witnessed by two individuals. Attach required documents like title deed, Jamabandi copy, and maps. A property deed is a legal document which is signed by the parties used to transfer the ownership of the property from the seller to the buyer.

4. Present the document to the Sub-Registrar in the property's jurisdiction. The Sub-Registrar will verify the document and assess stamp duty, transfer duty, and registration fees.

5. The executant must appear before the Sub-Registrar for document admission, accompanied by two witnesses to verify identity.

6. Upon completion, the document is recorded in the registry book, and the original is returned to the claimant.

Registering Property Online

Only select parts of certain states offer online facilities, which include ascertaining the circle rate to determine the value of the property and calculating the stamp duty and registration fees. Online payments have also been enabled for stamp duty and registration charges, for which you get receipts for confirmation. Subsequently, you arrange an appointment and visit the sub-registrar's office at the appointed time for final property registration only after deciding all costs and fees online. You can also visit the registration status online and ownership details by visiting the local government’s website.

Also, not all states in India provide the facility to register property online. For better clarity on the rules in your state, you Ask a Free legal Question Online on LawRato and have it answered by the best lawyers in your state.

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When it comes to finding the best property lawyers in your city, LawRato stands as the leading platform to get the most apt legal aid when it comes to registering property. It is essential to stress that attempting to bypass property registration for cost-saving reasons may lead to legal and financial troubles in the future. Real estate documentation is a complex process that will need help from expert lawyers.

Frequently Asked Questions (FAQs)

Q. When will a property lawyer/ advocate respond to my query if I use the service Ask a Free legal question online?
A. Your query will be attended within 24-hours of you posting the same. Once you have posted your query, a skilled advocate will look into your problems and give appropriate response, as soon as possible.

Q. Do I need a lawyer to register property online?
A. While it's not mandatory to hire a lawyer for online property registration, consulting a property lawyer can ensure compliance with regulations and smooth processing.

Q. How can you find a lawyer at LawRato?
A. Seek out and select a lawyer based on your particular requirements, whether it pertains to specialization, city, or court name. We'll then share your contact and inquiry details with the chosen attorney and furnish you with their contact information. From there, engage directly with the selected lawyer to discuss your legal issue, either over a call or through a face-to-face meeting.