According to the Registration Act of 1908, a property must be registered before it can be used for a sale, transfer, gift, or lease. All transactions that include the sale of an immovable property for a price greater than Rs 100 must be registered, according to Section 17 of the Registration Act of 1908. The State governments of India have developed new procedures for registering property in order to lessen the inconveniences that historically accompanied the process. To register a property, it is no longer necessary to saunter around aimlessly and wait in line at government offices. The procedure of registration can now be completed with the use of internet resources, which can be a time-saving and effective approach.
There is no choice except to register the newly constructed property in your name.
Under the terms of Section 17 of the Registration Act, all purchasers are required to register their properties. Homebuyers and property owners are required to give their state government 1% of the registration fee and the equivalent amount of the deal’s value in stamp duty as the process moves along.
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Provisions For Property Registration:
- Registration Act, 1908: Section 17 of the Registration Act of 1908 suggests that the sale of all immovable property valued at more than Rs 100 should be registered.
- Indian Stamp Act, 1889: Stamp duty must be paid on all papers pertaining to immovable property that needs to be registered.
- Procedure For Property Registration in India: At the office of the Sub-Registrar of Assurances, check for encumbrances prior to registering property. Looking at the title deed or the ownership status of the property, such as any mortgages or liens, can help with this. You should make sure the title deed is registered in the name of the individual selling the property and that all necessary paperwork is available for its registration. Several states, like Kerala, Odisha, West Bengal, Karnataka, Tamil Nadu, Rajasthan, etc., offer websites where you can register online. On these websites for property registration, you can sign up as a user. As part of document registration, you can add information such as the execution date of the sale deed, the total number of parties, and other specifics. Along with ID documentation, property value, buyer and witness information, and information about the type of property you want to register are also required. The application form and the registration form for your land are both available for download on the website of the state’s relevant body.
- Application Form: The duly prescribed form according to the concerned State Government needs to be downloaded and the required details need to be filled in.
- Printing: The filled application form should be printed on the stamp paper and the parties who are involved need to sign the stamp paper.
- Scrutiny and Approval: Appropriate response needs to be provided to the inquiries from the office and conduct registration with the relevant authorities. When registering the property at the sub-registrar’s office, all parties must be present.
Property Registration Fees:
- Commercial and residential properties have varying registration fees. Charges for commercial properties are greater.
- The registration fees become less expensive as a property becomes older since over time its worth diminishes.
- If the property is registered as a gift deed rather than a sale deed and the title is transferred to a family member, the land registration fees are lower. If the property is handed over to a non-family member, the government assesses a regular registration cost.
- If the property is near a bus stop, train station, or the airport, the registration fees will be greater; established towns and major cities will also have higher registration fees.
- The government offers a discount if the property is registered in a woman’s name.
New Rules for Property Registration in India, 2021:
- All documents are available in duplicate on the same day.
- The unregistered property would not be legally valid because it is not admissible as evidence in court.
- Government acquisitions of non-registered property were not eligible for compensation under section 80C of the tax code.
The Registration Act of 1908 and other Indian land laws were created to ensure that land transfers were legal. These can be quite helpful in resolving a number of concerns that are predicted to crop up soon. Land registration enables governments and local authorities to impose the proper taxes on such lands in order to raise money for the development of the nation. Additionally, it helps government employees keep a record of properties and create a land-use map. Also, if your property is registered, you have the right to compensation in the instance that it is given up to the government or a private company that wants to build infrastructure. The land registration process can be initiated with the legal advice of your property lawyer.