The Complete Guide to Online Property Registration in India

After years of waiting and finally moving into your dream house, what’s the next step you take? Make it official! Before you and your family perform a housewarming, make sure to get your property registered.

Buying a home often seems like a long and tedious process but all efforts are worth it when you finally have a house for yourself. However, there is one final step to complete before you claim the property as your own and that is registering. This process is crucial as it gives you legal rights over the house. Many homeowners however, delay the registration process leaving them vulnerable to property disputes. First-time homeowners should ensure that registration of the property completes as soon as they received the handover.

Importance of Registering the Property Immediately

According to Section 17 of the Property Registration Act of 1908, an individual cannot claim any right over a property unless it has been registered on their name. Registering the property is essential and many first-time homebuyers need to know before investing since it may lead to legal problems later on. By delaying the property registration process, you would possibly need to pay a lot more later once the property appreciates. Getting your property registered in your name will also protect you from property disputes and permit you to sell it afterward.

Property Registration Procedure

Registering a property is a very simple straightforward procedure. As long as you have done your homework and have the required documents in place, it’s a piece of cake.

Here are all the steps required to register a property in your name!

1. Calculate amount payable as Stamp duty

Stamp duty is a form of tax imposed by the state government and is one of the dominant steps of the registering procedure. As the rate of stamp duty is decided by the government, it usually varies between the states. It is either calculated on the current circle rate as specified by the state authorities or as a percentage of the entire property value of the house, whichever of the two is higher. The stamp duties in urban areas are generally higher than in the rural parts of the state. Additionally, the stamp tax for ladies is lower in an attempt to encourage more women to become property owners.

2. Prepare the sales deed

A sales deed is yet another essential document required in the registration process. A legally valid sales deed needs to be typed on a stamp paper which can be purchased through a vendor or on e-stamp paper which you can later download. As it may be a legal instrument, you must appoint an honest lawyer to draft it on your behalf. Once the deed has been drafted and signed, the submission of documents to the sub-registrar should not exceed four months from the date of execution.

3. Collect required documents

When you meet your sub-registrar, they will have to check certain documents first. Make sure you have the proper and legal documents with you at the time as having these documents ready can help the process go quickly and smoothly!

• Government-approved ID and address proof

• No Objection Certificate (NOC) for the property

• Passport size photographs of both; the owner of the property and two witnesses

• Latest receipt for tax payment

• Latest account statement from bank if still paying a home loan on the property

• A Building plan sanctioned by the concerned authorities

• Title deeds of the landowner

• Cash or a demand draft to pay off the stamp duty amount

Also, make sure to double-check the documents with your lawyer to see if they are valid and if you need any additional documents as well.

4. Make an appointment with the sub-registrar

Registration of property can only be wiped out the presence of the sub-registrar within which the jurisdiction of the property in question falls under. The landowner who has signed the sales deed documents must be present alongside two witnesses.

5. Payment of registration fees

After the sub-registrar checks the documents and stamp duty paid for validity, you must pay the registration fees. If you have booked an appointment within those 4 months of signing the sales deed, then the registration fee is 1% of the total value of the property and cannot exceed Rs. 30,000. If you have exceeded the time period, you can petition the sub-registrar to still consider your case, however, keep in mind that you will be asked to pay a hefty fine.

6. Collecting registered documents

Once the sub-registrar approves the documents, they’re going to offer you back the registered original documents. They will keep a replica of the originals to take care of property ownership records. The registered documents go into the book and have a page number where the registrations of property details are recorded.