Can Property Registration be done online in India

Wherever a property was bought or sold, its registration is required. Any property which was bought for a cost higher than Rs.100, you have to get it registered. The registration of land is provided under Section 17 of the Registration Act. if the property bought is not in the name of the owner, he/she will not be the official owner of the property and in case of a dispute he/she would not be able to prove his ownership. 

Legal Provisions: 

Following provisions govern the property registration- 

• Registration Act, 1908- Under Section 17, the sale of all immovable property above the cost of Rs 100 shall be registered.
• Indian Stamp Act, 1889- it is necessary to pay stamp duty on properties which are registered. 

Documents required for registration:

Following documents are necessary for registering property- 

• Passport size photographs of buyer and seller.
• Identity proof of both parties (Aadhar card/PAN card)
• Copy of latest register card
• Power of attorney
• Municipal tax bill
• NO Objection Certificate
• Copy of certified sale deed
• Certificate of completion of construction
• Stamp duty and registration fee payment receipt.

Online registration of the property:

Nowadays, the option of registering property through online means is also available. However the procedure  of  online registration for property in India is provided in a few states only. 

You could calculate the Stamp Duty, can also pay stamp duty as well as registration fee online, also you could receive a payment receipt online. Payment could be made using Net Banking/ Debit Card/ Credit Card or any payment bank.

Points to be noted while registering for property online in India:

In India, not every state provides for the registration of property online. In case your state provides for the online registration of property, following points must be kept in mind- 

• You have to ensure that the state where the property is situated provides for the online registration of the property. 
• Following services could only be availed online-

• Stamp duty rates could be checked
• Stamp duty as well as registration fee could be paid online
• Payment receipt could be received online

• Later you have to visit the office of the Sub-Registrar with your payment receipt  to complete the registration process.
• 1% TDS of the property value has to be paid if the value of the property exceeds Rs.50 lakhs.
• For the online registration process, information including name, address, type of the property, ownership status, description of the property as well as proof of the property has to be provided.

Factors which could affect the property registration charges:

• The type of the property- fees for registration is different in the case of commercial and residential property. For commercial properties charges are higher.
• Age of the property- the charges for registration decrease as the age of the property increases, as time would depreciate the value from the time of its construction.
• The type of registration- The charges of land registration are lesser if the property is registered as a gift deed in comparison to a sale deed  and the title is transferred to a family member. A standard registration fee is charged by the government if the property is transferred to a non-family member.
• Location of the property- the charges for the registration are higher if the property is located at a bus station, railway station or airport, also in developed towns and metro cities the charges for registration are high. 
• Gender of the owner- a discount is provided by the Govt. if the property is registered under a woman’s name. 

New Rules for registration of Property:

From the year 2020, a new set of rules has been introduced in India-

• Copies of all documents are available on the same day 
• An unregistered property is not valid evidence in the court of law and thus, would have no legal validity.
• A non-registered property acquired by the government could not claim compensation under the Income Tax 80C.

At Lead India you will find high skilled Lawyers in Delhi who deals in NRI Property Issues and other property issues in Delhi