Whenever you buy an immovable piece of land or property, it is compulsory to register it under S. 17 of the Indian Registration Act, 1908. Registration should take place within the required number of days with the concerned authority, which may be the Sub-Registrar or the Sub-District Magistrate (SDM), depending on the state the property is situated in. With this, the legal ownership of the property and the consequences of such a title are granted to you.
The Registration Process:
Nowadays, this process pertaining to registration of immovable property has been greatly simplified. As it is now online in most states, it has led to increased transparency and extinction of middlemen, thus reducing costs. Interested parties can download the form from the website or approach the office of the relevant authority for forms.
Consequential Registration Expenses:
If you thought that the cost of purchasing property ends with settling the seller’s account, you were extremely mistaken. The entire process of registration burns a deep hole in your pocket. Therefore, set aside adequate funds for these incidental but pricey expenses, differing from state to state, which usually include –
- Stamp Duty: This is a variable cost, depending on a number of factors like the gender of the buyer, the location of the property, its cost, etc. and is usually between 4-8%.
- Document Writer fees: They usually vary with the cost of the property but the government has prescribed a threshold % beyond which they cannot charge clients.
- Lawyer fees: They depend on the lawyers.
- Registration fees: They are usually 2% of the total value and an additional Rs. 100 for pasting charges.
The Registration Documentation:
Again, the documentation varies from state-to-state and also depends on whether the property is directly purchased from the developer or from secondary owners. It also differs in case of transfer of a mortgaged property. The following documents are usually required for registration of property in your name –
- Title Deeds (original and previous)
- Property Tax Receipts and Bill
- Two passport-size photos (both parties)
- Government Photo ID proof (both parties and witness)
- Copy of latest property register card (obtained from City Survey department) to ensure that the property isn’t in government ownership
- PAN card or Form 16 (If property costs more than Rs. 5 lakhs)
The registered document can be obtained 2-3 weeks after the registration process in completed, from the office of the registrar.
Mutation of the Property:
The ultimate step in the legal process of buying property is applying to the appropriate Land and Survey office to alter the certificate of ownership to the new owner’s name. This application should be accompanied with an indemnity bond, affidavit and a notarized copy of the registered title deed.
Often, people make mistakes when it comes to registration of land and immovable property. It is absolutely necessary that everything submitted to the authority must be true and correct in every respect. In case of fallacious information, the mistake can prove to be costly as a subsequent deed may have to be registered, again incurring registration expenses and in the process wasting valuable time. Often, top builders in India get their documents written by a registered government writer or experienced lawyer to extinguish chances of mistakes and they themselves meticulously check the manuscripts before submission.
With this, the process is complete. Once a property is registered, the owner benefits twofold – it establishes absolute ownership in the eyes of law and the risk of fraud is immensely reduced and it is convenient to solve disputes, if they arise. The government profits as it helps them maintain an up-to-date record and the fees and duties collected augment the treasury.
This article throws light on the lengthy process of registration of property and points to be kept in mind, along with the incidental expenses and documents required. Thus, it enlightens buyers of property and land with the consequential process of purchasing their property.