Are you well aware of your duties and responsibilities as a homebuyer? Well, among the handful of tasks that a homebuyer has to perform, the most important task is to get the property registered in the Sub-registrar's office. Yes, you read that right! Getting the property registered in the Sub-registrar's office after paying stamp duty and registration charges is a crucial task that a homebuyer needs to perform while buying a house. Registration of the property transaction and related documents is done under the provisions of the Registration Act, 1908.
Now, if you are a first-time homebuyer and do not know much about property registration, we have answered a few questions related to property registration that are frequently asked by homebuyers.
Q 1. Is it mandatory to register a property?
Under the various provisions of the Registration Act, 1908, every time a property changes hands, it must be duly registered in the new property owner's name. According to the Act, any document drafted to create, assign, declare, limit or extinguish any right, interest or title of the value of Rs. 100 or more in immovable property must be registered. As per the law, registration of documents is legally compulsory when a property changes ownership even as a gift or lease if the lease period is 1 year or more.
Q 2. What if you fail to register the property transaction?
A 2. The first and the most basic question that homebuyers seek an answer to is what will happen if one does not get a property registered with the government. Well, all the property transactions that are not registered with the government under the provisions of the Registration Act, 1908 do not hold any legal validity.
Q 3. Can the Sub-registrar dismiss or reject your property registration application?
A 3. Yes, the Sub-registrar can reject your application for property registration in the following cases:
Language not understood by the registering officer
If the document is written in a language other than the one that registering officer understands, he/she may refuse to register the document. Such a property-related document must be accompanied by a translation into a language commonly used in that particular area.
If the details on property plans or maps are not provided in the application
Documents related to immovable property are not accepted or registered unless they contain a description of such property. Also, the description must be sufficiently detailed to identify the same.
Documents consist of interlineations, erasures, blanks or alterations
The registering officer might reject the property registration application if the documents contain interlineation, blank spaces, alterations or erasures.
Q 4. Who is responsible for fixing the property registration charges?
A 4. The state government is responsible for fixing the stamp duty and registration charges. While the charges of stamp duty differ from one state to another, within a range of 4-10% of the transaction value, a homebuyer has to pay 1% of the deal value as registration charges. Apart from fixing the stamp duty and registration charges, the states also fix charges for searching the registers, granting or making copies of reason, etc. Besides this, they also fix charges payable for the issue of commission, for filling translations etc.
Q 5. Do women buyers get any discount on registration charges while registering a property?
A 5. While women buyers enjoy considerable discounts in stamp duty across states, no rebate is offered in case of registration charges. For example, in Delhi, women buyers have to pay only 4% as stamp duty in comparison to the 6% that men have to pay for registering the property. However, both men and women have to pay a 1% registration charge.
Q 6. How much time does it usually take for the documents to get registered?
A 6. It generally takes approximately 2 weeks for the property registration process to complete. After the completion of the entire process, you can collect the documents from the Sub-registrar's office. Also, once the documents are ready for collection, you will get a notification on your registered mobile number.
Q 7. Can you register your property online?
In most states, homebuyers still have to visit the office of the Sub-registrar to register the property. However, some states have launched online registration services to help landlords or property owners register their properties online. All this is done to offer time-bound and flawless services. Plots, as well as flats, can be registered using the online property registration services.
Q 8. Till when can you collect the registration documents?
A 8. The office of the Sub-registrar keeps the property-related documents in the office for 2 years after the property registration takes place. This is the period within which the homebuyer must collect these documents. After the expiry of this period, the documents could be discarded by the office, and later the Sub-registrar's office will not be responsible for the same. However, this is not true in the case of a Will. A registered Will can be collected from the Sub-registrar's office anytime within the creator's lifetime.
Q 9. What if there are any false statements made in the document?
A 9. If the homebuyer intentionally makes any false statements, presents a false copy or translation of a document or attempts to impersonate other people falsely, then it is considered a punishable offence. Such a person could face imprisonment for up to 7 years or a fine or both as per Section 82 of the Registration Act, 1908.
We hope the answers above have answered all your queries in detail. In case you still have any doubts relating to property registration, feel free to contact or ask by commenting below. We will be happy to answer your queries!
Also read: 8 Things to Keep in Mind While Registering your Property