It is important for the home buyer to understand the registration process; needless to say, the knowledge of the property registration process will help you to hold the legal rights over the property and will help you avoid any disputes over the title of your property.
No one ever said that buying your own home is an easy task. Yes, if you are entering the property market for the first time, then you have a recipe for tension and anxiety. Buying a property and then registration of that property is probably the most difficult and complex in nature. The paperwork and legalities involved in the registration process can confuse even the smartest of the home buyers. Therefore, the home buyer needs to understand the registration process; needless to say, the knowledge of the property registration process will help you to hold the legal rights over the property and will help you avoid any disputes over the title of your property. Here is a basic guide that provides advice on the property registration process:
Here are the following documents you require to get your property document registered-
First, the signatories should carry two passport size photographs of the seller/vendor and buyer/ vendee.
You must carry proof of identification of each party as well as the witnesses. Documents like Voter Identity Card, Aadhar Card, Passport, any other Identity Card issued by the Govt. of India, Semi Govt. and Autonomous bodies are acknowledged. In addition to the above, the PAN Card of the vendor and vendee is also required during the time of registration.
In case your property is under a lease from any government department or development authority, you will require transfer permission from the lessor for the registration of the property document.
If your property is related to any farmland or agricultural property, then a No Objection Certificate is also required from the right authority in order to prove that the purchased property is not subject to any acquisition proceedings.
That’s the document part of the registration process, now let’s come to the registration process-
Also Read: Rights and Duties of Homebuyers under RERA
Steps for property registration
Verification of The Property Title
Before starting the property registration process, the buyer needs to make sure that the property is free of any encumbrances. In case there are any other claims or outstanding loans on the property, it may create conflict in the future. The liability to get the title of the property cleared lies on the buyer.
Estimation of the property value
Estimate the value of your property according to your area for paying the stamp duty. Now, you have to do a comparison between the circle rate and the actual price paid. For paying the stamp duty, the higher of the actual price paid for the property or the circle rate in your area would be applicable.
Preparation of the stamp papers
You will now have to buy non-judicial stamp papers equivalent to the value of the stamp duty. The stamp papers can be purchased online (e-Stamp paper) or from licensed stamp vendors. Stamp duty can be paid via the Collector of Stamps or proof requires to be submitted if the payment has been done.
Getting the sales deed prepared
Now you have to get involved in the preparation of the sales deed and get it typed on the stamp papers. The sales deed is prepared by an authorised attorney on behalf of the buyer. The subject matter on the sale deed varies according to the nature of the transaction like a lease, sale, mortgage, power of attorney, etc.
Also Read: Sale Deed: Benefits, Features & Documents
Payment of the stamp duty and registration charges
Once your stamp papers are ready, payment of the stamp duty can be done through the collector of stamps. The registration fees have to be paid before the registration process.
Approach the Sub-registrar for registration
Now, the transacting parties have to make an appointment with the sub-registrar for the registration of the sale deed. To get the deed registered, you have to go to the Sub-Registrar's Office accompanied by two witnesses. Each person involved in this process needs to carry their photographs, identification documents, etc. Two photocopies of the deed along with the original deed should also be carried out.
Submission and Verification of Documents
As discussed in the previous segment of this blog, several documents need to be submitted to the sub-registrar to legally have property ownership transferred. Along with the photos and identity proofs of the seller and the buyer, all property title related documents also need to be submitted.
Once these documents have been verified by the sub-registrar’s office, your property registration can move forward.
Completion of the registration process
Once the original sale deed gets registered, you get a receipt. After two to seven days, you can again approach the Sub-Registrar's Office to collect the sale deed.
Now your property is registered.
Please keep a note that being a state subject, the process of registration may vary from one state to another but the basic process and documents required would almost be the same.
Property registration is important because not only it give you legal ownership of the property but also helps in the removal of an ownership dispute.