Business

The process of purchasing a property is not complete until you have gathered all the required paperwork and got it registered. Consult a professional to get your property registered. Get Your Property Registered

Get Your Property Registered


<p>The property registration must be formalized at the sub-registrar&#8217;s office following payment of certain dues, such as stamp duty, for it to be considered complete when a property is transferred from one person to another. The procedure is referred to as “property registration.&#8221;</p>



<p>The Indian Registration Act of 1908 is the primary legal authority on the subject of document/property registration legislation. This legislation requires the registration of a number of different papers in order to guarantee the authenticity of titles, safeguard against fraud, and preserve evidence.</p>



<h2>Is there a need for property registration?</h2>



<ul><li>The acquisition of high-value residential units and plots is one example of the many different types of real estate transactions that are subject to required registration.</li><li>According to <strong>Section 17 of the Registration Act of 1908</strong>, every transaction involving the transfer/gift of immovable property for a price that is more than one hundred rupees is required to be registered.&nbsp;</li><li>As far as gifting an immovable property is concerned, it must be followed by a gift deed registration. Land, buildings, and any rights that are related to these types of assets are all included in the definition of &#8220;immovable property.&#8221;</li><li>Because of this, every transaction involving the sale of immovable property must be registered in order to be legal since there is no immovable property that can be acquired for less than Rs 100. When it comes to gifts of property, the same regulation applies.&nbsp;</li><li>The gift deed registration must be done in order for it to have any legal standing, despite the fact that the donor will not receive any monetary compensation in return for the property.&nbsp;</li></ul>



<h2>Steps to follow for property registration</h2>



<p><strong>Step 1</strong></p>



<p>For the purpose of property registration, the 1<sup>st</sup> step is to determine an estimate of the worth of your property based on the circle rate in your region.</p>



<p><strong>Step 2</strong></p>



<p>You need to compare the circle rate with the actual price that was paid during purchase. The stamp duty for property registration would need to be paid in the amount that corresponds to the greater of the two amounts shown above.</p>



<p><strong>Step 3</strong>&nbsp;</p>



<p>After completing the calculation of step 2, you will need to purchase non-judicial stamp papers in the amount of value that you determined to move to the next process for property registration.</p>



<p><strong>Step 4</strong></p>



<p>The 4<sup>th</sup> step for property registration is the stamp sheet. The stamp sheets may either be acquired in person or online. E-stamps, on the other hand, may be acquired electronically, whereas these sheets can be bought through approved stamp merchants. If the stamp duty has already been paid, proof of payment must be presented, although it is also possible to pay it via the Collector of Stamps.</p>



<p><strong>Step 5</strong></p>



<p>At this point, you are responsible for preparing the deed and having it transcribed on stamp papers. The topic of discussion varies depending on the kind of transaction that is taking place, which might be a purchase, a lease, a mortgage, a power of attorney, etc.</p>



<p><strong>Step 6</strong></p>



<p>The next step for property registration is that all of the parties involved in the transaction must take two witnesses with them when they go to the Sub-Registrar&#8217;s office to get the deed recorded.&nbsp;</p>



<p>Everyone who is participating in the process of property registration should have their own pictures, identity papers, and so on with them at all times. In addition to the original copy of the deed, you need to bring in two photocopies of the document in its entirety.&nbsp;</p>



<p><strong>Step 7</strong></p>



<p>You will be sent a receipt of property registration after the sale deed has been successfully recorded. After about two to seven days have passed, one may once again go to the Sub-Registrar&#8217;s office in order to obtain the selling deed.</p>



<p><strong>Step 8</strong></p>



<p>After you get the original sale deed registered, you can then use the property registration information and date to verify the original sale deed at the Registrar&#8217;s Office. If you find any discrepancy, you may take legal advice from professionals. This may be done after step 7 has been completed.</p>



<p><strong>Request the modification of the Title Deed</strong></p>



<p>Mutation refers to the transfer of property ownership from one person to another via a sale or transfer. This is significant because it allows the new owner to do property registration in his name with the Land Revenue Department. This also allows the government to collect property taxes from the correct individual.&nbsp;</p>



<p><strong>What are the repercussions of failing to do a property registration?&nbsp;</strong></p>



<ul><li>Should you choose not to register the purchase agreement for the property, you expose yourself to a significant risk.&nbsp;</li><li>In the event that a document is needed to be registered but is not registered, such document will not be accepted as evidence in any legal proceeding.&nbsp;</li><li>If this situation arises, it is better to take legal advice from your lawyer.&nbsp;</li><li>It is important to keep in mind that demonstrating ownership of a specific piece of land may not be achievable unless your name is included in the official documents kept by the government as the owner of that property. Because of this, the buyer is required to do property registration before closing.</li></ul>



<h2>Can a property registration be done online?<strong>&nbsp;</strong></h2>



<p>In the majority of Indian states, the buyer is able to finish a significant portion of the procedure of property registration online. You may be able to use the internet services to complete some of the steps of the property registration procedure, but this will depend on the state in which you reside.&nbsp;</p>



<p>However, in order to finalize the transaction, you will need to present yourself in person at the office of the sub-registrar, together with the person you are purchasing the property from and two witnesses. You will need to come back to our office after the paperwork has been registered so that you may obtain the registered copies of your property documents.&nbsp;</p>



<h2>Conclusion</h2>



<p>The process of purchasing a house requires the completion of a property registration form. The registration process is one of the most difficult parts of owning a home. Even the most well-intentioned homebuyers might become bogged down in laws and paperwork.&nbsp;</p>



<p>As a result, consulting with an experienced broker or real estate agent is always recommended. It&#8217;s also a good idea to work with an attorney to make the registration of your property go more smoothly.</p>


Property Registration

What is the procedure for property registration?

Setting up a partnership firm is a relatively easier process. To know more about the procedure of setting up a partnership firm, get online legal advice.  

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<p>The Indian Partnership Act 1932 provides provisions related to partnerships in India. The act lays down the rights and duties of the partners amongst themselves and other legal provisions relating to partners and third parties.&nbsp;</p>



<p>Now you may first inquire as to what its partnership is. Section 4 of the Indian partnership Act states that a Partnership is a relationship between individuals who have agreed to share profits of a business carried on by all or any one of them acting for all. The three main essentials of a partnership are as follows &#8211;&nbsp;</p>



<ul><li>A willful agreement between two or more individuals.</li><li>The partners must have agreed upon profit sharing ratio</li><li>The operations of the business must be carried on by all or one of them acting for all.&nbsp;</li></ul>



<h2>Essential Elements of a Partnership&nbsp;</h2>



<ol><li><strong>Mutual Agreement</strong> &#8211; Any partnership is a result of a mutual agreement between two or more parties. This relationship can arise only from a contract. Mutual agreement forms the basis for a partnership. This agreement may be oral or in writing.&nbsp;</li></ol>



<ol start="2"><li><strong>Sharing Profits of the Business</strong> &#8211; For the purpose of sharing profits in a business, it&#8217;s a must that a business exists. It&#8217;s another crucial aspect of a partnership. Every Partnership is formed with a profit motive.&nbsp;</li></ol>



<p>Charitable institutions or clubs have a distinct institutional personality from that of a partnership. No partnership to carry on a business can be formed without the motive of gaining profits out of business.</p>



<p>Hence it&#8217;s important that an agreement is formed concerning the sharing of profits. This is known as the profit-sharing ratio. Additionally, in the event of damages, unless it is pre-determined in the partnership agreement, it must be borne in the profit-sharing ratio.</p>



<ol start="3"><li><strong>Operating the Business</strong> &#8211; Another essential of a partnership is that the business must be carried on by all the partners or one partner acting for all. This is an important principle of partnership law.&nbsp;</li></ol>



<p>There is a mutual agency between the partners, and this is also a test for Partnership. The Partnership will be non-existent in the absence of mutual agency.&nbsp;</p>



<h2>Partnership Firm&nbsp;</h2>



<p>A Partnership Firm is where two or more persons come together with an agreement to form a business for a profit motive, wherein they decide to mutually share the profits and liabilities of the business. Persons who decide to enter into a partnership with one another are individually referred to as &#8220;Partners&#8221; and collectively a &#8220;Firm.&#8221; The name under which the firm carries out its business is known as the firm name.</p>



<h2>Advantages of a Partnership<strong> </strong>Firm</h2>



<p>Post knowing and understanding what a Partnership is followed by a Partnership Firm; the following are the advantages of a partnership firm: &#8211;&nbsp;</p>



<ol><li><strong>Easy to Initiate a Partnership Firm &#8211; </strong>The first advantage of a partnership firm is that it doesn’t require the complex formalities required when a private limited company is being initiated or a limited liability partnership.&nbsp;</li></ol>



<p class="has-text-align-left">It just requires that the partners are in mutual agreement, there is an existing partnership deed on a stamp paper, and it&#8217;s good to go for registration. Additionally, registering a partnership firm is not a legal mandate. </p>



<ol start="2"><li><strong>Decision-Making Power &#8211; </strong>The power to make decisions is an essential aspect of operating a business. With various perspectives and knowledge banks, making a decision in a partnership firm can be quite effective. All the partners can mutually make a decision, or one can make a decision acting for all. This is another advantage of a partnership firm.</li></ol>



<ol start="3"><li><strong>Ease of Dissolution &#8211; </strong>The next advantage of a partnership firm is that it can be dissolved very easily contrary, unlike a private limited company which can only be closed after an entire year of operations. For that one year, it needs to fulfil all the required compliances. However, the same is not required for a partnership firm.</li></ol>



<ol start="4"><li><strong>Conversion to Private Limited &#8211; </strong>Further, the next advantage of a partnership firm is that there is no restriction regarding conversion. Once you initiate a partnership firm, it doesn&#8217;t mean that it cannot be converted into a private limited company. There are compliances and procedures that must be taken care of for the conversion.&nbsp;</li></ol>



<p>Hence, if a partnership firm begins to grow and is required to expand and diversify, it can be converted into a private limited company.&nbsp;</p>



<ol start="5"><li><strong>No Compliance &#8211; </strong>At the initiation of the business, it’s hectic and stressful when there are complex compliances to be met with. With a partnership firm, there are minimal to no compliances that are to be seen. This is yet another advantage of the partnership firm.&nbsp;</li></ol>



<ol start="6"><li><strong>Low cost of Setting up &#8211; </strong>Moving on to the next advantage of the partnership firm, it has a very low cost of setting up. In a private limited company, the compliances are more complex, and the amount involved is higher. This is a very important advantage of a partnership firm.</li></ol>



<ol start="7"><li><strong>Fund Raising &#8211; </strong>Next advantage of a partnership firm is that, in comparison to a proprietorship firm, partnership firms can easily raise funds. Multiple partners coming together to collectively form a partnership firm means that there are multiple sources of contribution. Additionally, banks have a favourable viewpoint of partnerships during the credit sanctioning procedure. </li></ol>



<ol start="8"><li><strong>Ownership and Accountability &#8211; </strong>The next advantage of a partnership firm is that despite the partnership firm being owned by several parties, every individual is an owner. They own and manage the firm and its activities. They may have varied roles and responsibilities, but they collectively work towards the common goal of the firm.&nbsp;</li></ol>



<p>Further, the partners share their work burden with one another, which doesn&#8217;t lead to any concentrated burden on one individual. The group of people associated by way of partnership work together and diligently.&nbsp;</p>



<ol start="9"><li><strong>Sharing the Risks &#8211; </strong>Another advantage of a partnership firm is that it becomes easier to share the risks with several partners on board. The burden of allocation of risk gets shared amongst the partners and is not concentrated on one individual.</li></ol>



<ol start="10"><li><strong>No Annual Returns and Statutory Audits &#8211; </strong>A partnership firm also doesn’t need to make any submission of annual returns to the Ministry of Corporate Affairs. However, the firm is required to fulfil various compliances when a limited liability partnership is formed. This is another major advantage of a partnership firm. </li></ol>



<h2>Conclusion</h2>



<p>The aforementioned are the advantages of a partnership firm. Another significant advantage of a partnership firm is that there is no requirement for a statutory audit. Hence, the firm is not required to get its accounts audited.&nbsp;</p>



<p>A partnership firm is the easiest to set up; the above-mentioned advantages of a partnership firm are the key points as to why one should set up this form of a business. Though partnership registration is not mandated, it is highly recommended. To know more about the procedure of setting up a partnership firm, get online legal advice.&nbsp;</p>


advantages of partnership firm

Advantages of Partnership Firm

Though Registration of a Partnership Firm is not a legal mandate, it is highly recommended to establish a successful business. In order to enjoy the legal rights of a Partnership Firm and have a more secure and credible business, Registration is essential. To know more about the process and clarifications, get online legal advice.


<p>A Partnership Firm is where two or more persons come together with an agreement to form a business for a profit motive, wherein they decide to mutually share the profits and liabilities of the business. Persons who decide to enter into a partnership with one another are individually referred to as &#8220;Partners&#8221; and collectively a &#8220;Firm.&#8221; The name under which the firm carries out its business is known as the firm name.</p>



<h2>Registration of Partnership</h2>



<p>The registration of the partnership is solely decided upon by the partners. There is no legislative mandate upon the registration of the partnership. However, it’s always advisable that the partners mutually decide upon the registration of the firm under the Indian Partnership Act, 1932, as it provides the firm certain exclusive rights and advantages.</p>



<p>Hence, even though the registration of a firm is not explicitly mandated, it is implied that in order to enjoy the benefits provided from the registration of a firm and partnership, it&#8217;s an essential step as only the registered firms acquire a legal existence.</p>



<p>A firm can be registered at any time before its existence or during the continuance of the partnership. However, it must be kept in mind that in order to enforce a legal right arising out of any legal document by filing a case, a firm shall do so only after the registration of the firm. Another instance wherein registration of a firm becomes a necessity is when the firm wishes to adopt a new form or organization such as an LLP or company with ease.</p>



<p>Further, the registration of firms at the income tax department is mandatory for both registered and unregistered firms by the registrar.</p>



<p>Another important point is the proof of registration of the firm. Conclusive proof of registration of a firm is any certified copy of any entry relating to the firm in the register of the firm. Further, any statement, notice of intimation that is recorded or noted with the registrar of the firm shall also be deemed to be conclusive proof of its registration.&nbsp;</p>



<h2>Advantages of Registration of Firm</h2>



<ol><li>&nbsp; Benefits to partners –<ol><li>Registration of firms provides the firm with its legal existence. This essentially means that partners of the firm can sue the other partners, ex-partner, or the firm in case a dispute arises out of a partnership agreement or a right arising out of the partnership act for such purpose.</li><li>A partner can only enjoy these rights subsequent to registration of the firm. Further, the partner, if the circumstance arises, can file a suit against a third party to exercise any right arising out of a contract or any other legal instrument.</li><li>In doing so, the name of the partner raising the action must be registered in the register of firms. The same is not applicable for the third parties to sue the firm.</li><li>However it must be noted that this immunity doesn&#8217;t apply in case of criminal liability of the partner against others. Partners of a firm can exercise their right to set off a debt against creditors.&nbsp;</li></ol></li><li>Benefits to Creditors –<ol><li>Registration of a firm enables the partners of the firm whose names are written on the deed to be equally responsible to repay the creditor’s debts.</li><li>This enables the creditor to claim their money from the firm; hence the credibility of the registered firm immensely increases.</li></ol></li><li>Benefits w.r.t Income Tax –<ol><li>A registered firm can claim tax benefits under the Income Tax Act, which enable the firm to save funds which could then be utilized for the growth of the firm. This is only if registration of a firm is done.</li></ol></li><li>Benefits to a new partner –<ol><li>The new partner can enforce his dues against the existing partners if defaulted. If the firm is not registered, no such partner would be enabled to enforce such a right against the existing partners. This benefit to the new partner can only be enjoyed post registration of the firm.</li></ol></li></ol>



<h2>Essentials of Partnership</h2>



<ul><li>Contractual Relationship – There must exist a contractual relationship among the partners. This contractual relationship must either be oral or written. However, at instances where there is no oral or written contract, merely existing upon mutual understanding would be sufficient to establish a relationship.</li><li>Two or More Persons – The Partnership act provides for the number of persons essential for a partnership by demanding a mutual agency amongst two or more persons. The persons entering into a contract must have the capacity to contract.</li><li>Mutual Agency – Partnership is a mutual agency in which the partners carry out a business. Where one partner acts for all of them as an agent, the partner acts as a principal, and the others as the agent. All the partners are liable for the act of one owed to the relationship of mutual agency.</li><li>Profit Sharing – A partnership firm is formed for a profit motive. The association of partners in a partnership firm is for sharing profits. The profits earned are appropriated amongst the partners in a predetermined ratio, as specified in the deed. In cases where no ratio is mentioned the division is done equally.</li><li>Carrying on a business – Every firm is established with the purpose of carrying on a business. The business shall be in any form of trade, profession, or occupation. The business is initiated with a profit motive otherwise, it doesn&#8217;t qualify as a partnership.&nbsp;</li></ul>



<h2>Procedure for Registering a Partnership Firm</h2>



<ol><li>Application for Registration of firm – An application needs to be filed with the registrar of firms of the jurisdiction in which the firm is situated, along with the prescribed fees. This registration form is required to be attested and verified by all the partners. The application must contain the following details –<ol><li>The name of the firm</li><li>The principal place of business</li><li>The location of all the places where the firm carries on business</li><li>The date of joining of each partner</li><li>The names and permanent addresses of each partner</li><li>The duration of the firm.&nbsp;</li></ol></li></ol>



<p>The application can be sent to the Registrar of Firms through post or by physical delivery.</p>



<ol start="2"><li>Selection of a Name – Any name can be given to the partnership firm, however it is subject to certain conditions. The first being that the name shall not be similar or identical to an existing firm in the same business. Second, the name shouldn’t contain words that portray sanction or approval of the government.</li><li>Draft the Partnership Deed – The deed among the partners of the firm consists of rights, responsibilities, profit shares, along with all the necessary obligatory clauses. The agreement must be written and signed instead of an oral agreement to avoid future conflict. The necessary information to draft a deed is as follows:<ol><li>Name, address, nature of business, date of establishment, capital invested, profit or loss division ratio.</li><li>Interest-based on the capital investment of each partner</li><li>Salaries, including all financial drawing by the partners</li><li>&nbsp; Rights, Duties, and obligations of every partner specified by name</li><li>Alignments in case of mishaps such as defaults or death of a partner</li><li>All the clauses mutually decided among the partners</li></ol></li><li>Application for PAN – A firm has to apply for a Permanent Account Number to the Income Tax Department, irrespective of the registration. The PAN is a requirement to fulfill the obligation of paying taxes.</li><li>Submit the Documents – The following documents are required to be submitted to the registrar as a part of the registration process:<ol><li>Application for registration of partnership (Form 1)</li><li>A certified original copy of the partnership deed</li><li>Specimen of Affidavit</li><li>PAN Card in the name of the partnership&nbsp;</li><li>Proof of address of the partnership firm, ownership deed, lease and rent agreements, etc. are common acceptable documents.</li><li>PAN Cards and address proofs of all the partners</li></ol></li><li>Pay the Fees and Stamp Duties – Registration Fees and Stamp Duty is required to be paid at the time of submission of the documents with the registrar. The registration is not complete until all dues are paid.</li><li>Finalize the Deed – In order to legalize the Deed, it shall be provided to each partner on a stamp paper, and it should be attested by all the partners in front of the notary. The signed copy is thereafter submitted to the Registrar during the process of registration.</li><li>Receiving the Certificate – Following all the above requirements, if the Registrar is satisfied with the application and the documents, he will register the firm in the Register of Firms and issue the Registration Certificate. The Register contains all the updated information of all the firms and can be viewed by anyone upon payment of the required fees. To know more about the process of registration get legal online advice.</li></ol>



<h2>Conclusion</h2>



<p>Registration of Firm is highly recommended, even though it’s not a legal mandate. The partnership provides clarity and a sense of transparency amongst all the partners. Registration enables the partners to file a case against third parties and other partners.</p>



<p>It grants the power to claim set-off against any third-party claim and it makes the process of conversion into any other business structure much easier. The above-mentioned points are some essentials that one is required to be aware of before starting a partnership firm. A partnership firm is an appropriate manner to initiate a business.</p>



<p>However, as an entity grows, diversification and expansion happens in the business structure as per the requirements of the individuals. Hence these key points enable one to make better decisions to establish a successful business. To know more, get online legal advice.</p>


registration of firm

How to Register a Partnership Firm?

Business Registration

For any real estate transaction, the registration is important for the plot/land, and if the owner fails at such, future complications can pave the way. Avoiding this needs a proper understanding of the law and its provisions, so it is recommended to take legal consultation before continuing the process.

Consult Property Expert Lawyer


<h2>Introduction</h2>



<ul><li>The process of land registration can be complex as it has many characteristics and legal conditions. It is important to manage the land registration documents and choose the most convenient method for less complexity.</li><li>Every legal provision and norm must be understood thoroughly while handling the land registration documents.</li><li>Any transaction or changes in ownership of immovable property are done by registration of land or property. The land registration documents ensure the title and legal ownership of any plot/land which the individual purchased, transferred, or inherited.</li><li>Verifying the land registration documents with the official authority is an important step to minimize the chances of forgery or fraud, and it also helps in solving conflicts without any hassle. Different states have their Land registration authority, but the procedure is the same all over the country.</li><li>The various types of financial inflictions concern the buyer in many ways, so it is important to have a clear understanding of the related laws, or they can also consult any lawyer online for similar affairs.</li></ul>



<h2>What is the process of Land Registration?</h2>



<ul><li>As per the Indian Registration Act 1908, the registration of any property is an important characteristic of any real estate transfer or transaction.</li><li>The land registration documents are to be submitted at the sub-registrar&#8217;s office, and the signatories who are authorized by both parties must be present.</li><li>Two witnesses are essential for the registration to be legally successful and valid.</li><li>All the signatories should have their identity proofs (PAN, Aadhar card, Driver&#8217;s license, etc.) with them during the registration process, along with the land registration documents.</li><li>A power of attorney (if any) must be present with their proof of authority.</li><li>The proof of cleared stamp duty should be carried out for the authorization process.</li><li>If the stamp duty paid is not adequate, the registrar will refuse the registration.</li><li>The registration charges are different for every state and must be cleared beforehand.</li><li>The land registration documents are returned after six months and the data is computerized for governmental provisions and storage.</li></ul>



<p>The failure to register and maintain the land registration documents may be risky as the owner will not be able to prove the ownership in a court of law. The land registration documents should be thoroughly verified and authorized to be of any legal value.</p>



<h2>Is it mandatory to register a Property?</h2>



<ul><li><strong>Section 17 Indian Registration Act, 1908</strong> states that the registration of properties is mandatory where the sale value of the immovable property is higher than Rs 100.</li><li>Simply speaking, all the properties which are used for any kind of transaction must be registered under the law provisions as no property can be sold or bought under Rs 100.</li><li>In cases where the individual with the land registration documents cannot visit the sub-registrar’s office themselves for the registration process, the registrar may send an official to obtain the attested land registration documents for registration.</li></ul>



<h2>Registration fees and stamp duty for registration of hand</h2>



<ul><li>When a property is registered, there are more charges that a buyer has to pay other than the total market value of the property. The registration fee and stamp duty charge are complied with to gain full ownership.</li><li>Necessary <em>cess</em> and surcharge are paid for the registration.</li><li>The total extra charges can sum up to 6% to 10% of the total property value.</li><li>Stamp duty is the fee charged by the Government for the registration of land documents, and it varies from state to state in percentage.</li></ul>



<h2>Documents required Land Registration.</h2>



<p>Few land registration documents are very important in the registration process as deciphered by the State Government. The documents submitted for transaction approval are:</p>



<ul><li>The existing seller’s sale deed.</li><li>Every title document of the owner.</li><li>Katha certificate.</li><li>Sale agreement.</li><li>The receipt of tax cleared and stamp duty paid.</li><li>Any previous property papers of transaction.</li><li>Encumbrance Certificate.</li></ul>



<h2>Land Registration Benefits</h2>



<p>The land registration documents provide a lot of advantages to the owner, and some of them are:</p>



<ul><li>The registration of land/plot ensures a legal position and authenticity to the document.</li><li>It helps prevent forgery with property papers, scams, fraud, or illegal transfer of ownership title.</li><li>The maintenance of public records becomes clear and easy with simple updating options.</li><li>The land registration documents are allowed to be used publicly for any transfer or transaction.</li><li>Helps in determining the status of the property and recent purchase and sale.</li><li>Provides high security to the owner’s title as this is legally valid, and the owner can also prove the title in case the originals were lost or destroyed.</li></ul>



<h2>Can Land Registration be done Online?</h2>



<ul><li>In some states of India, the land is registered with land registration documents which can be uploaded online and verified with the concerned authority.</li><li>It has several benefits for both the owner and the Government as they can easily maintain the database records and access any land information with a single click. Similarly, errors are fixed, and clarity is obtained.</li><li>The form of application is available for download, and the necessary land registration documents are to be submitted. The land registration documents are verified by the authority, and the registration process online is completed once they approve the land registration documents.</li><li>The process is digitalized and made simple for the owners, but it is suggested to take consultation from a lawyer online before commencing with any kind of registry and verification process to ensure clarity and better understanding.</li></ul>



<h2>Conclusion</h2>



<p>The registration of land with the land registration document ensures low risk and security to the owner’s title as it can be used to prove ownership and transactions. The legal provisions must be taken care of and understood so that future disputes can be avoided.</p>


land registration documents

Which Land Registration Documents are Essential?

 With the new technology available, some states have adopted the online method of Patta Land registration to make it efficient and prompt. Legal consultation before such procedures is beneficial and advantageous as the advice and suggestions will make the owner take better decisions according to official norms.


<p>There are several aspects and contents related to a transaction of land, and the official legal documents must be prepared for such transfers. The existing owner must have some kind of evidence as the legal owner of their land and to prove that they need a Land Patta. There are many benefits and importance of a Patta Land registration which we will discuss in the article below.</p>



<h2>What is Patta Land?</h2>



<ul><li>When an official authority or the government issues a legal document having every single detail about the land and its owner, this document is known as a Land Patta.&nbsp;</li><li>This is also called a Record of Rights and is used as evidence to prove the ownership of any land parcel where the owner’s name is registered at the Registrar’s office.</li><li>This document plays a very crucial role during land transactions and contains every land detail elaborately, along with the name and details of the legal owner who is registered with the Tehsildar. Patta Land registration is very important to make it of legal value.</li><li>Individual buildings and houses can also have a Patta, which also shows if these are occupied or not, unlike barren lands which are not yet occupied. Lands having any undivided share will not be issued a Patta by the government.</li><li>If any property has more than a single owner, a Patta cannot be issued for every owner’s name. A single Patta is issued and contains the names of all co-owners.</li></ul>



<h2>Some of the features of Land Patta</h2>



<p>There are vital points that an owner must know before acquiring a Land Patta or doing a Patta Land registration. These are as follows:</p>



<ul><li>Registration Patta is called Land Deed and is a legal document issued by authorities or the state government.</li><li>Registrar can also issue one-time Patta Land registration under law provisions.</li><li>The person who owns the Patta Land Registration document, which is issued by the government in their name, is called a Pattadar.</li><li>The Land Patta does not require time-to-time renewal of the Patta Land registration in their name. The renewal is needed during land transfers or deals and can be obtained cost-free.</li><li>The Patta fees vary from state to state and can be obtained on an ostensible basis.</li><li>Only India and some of the neighboring countries use the term Patta.</li><li>Unconstructed lands, lands with any ongoing construction, and scarcely visited lands need a Patta Land Registration issued by the Government officials.</li></ul>



<p>Patta Land registration is issued by the government for properties obtained in different ways, such as:</p>



<ul><li>The property is obtained by the owner through the &#8220;Transfer of Property Act.&#8221;</li><li>Any Land which is gained through Will or succession from families.</li><li>State court orders land issues as these are under Land Patta Registration.</li></ul>



<h2>Importance of Patta and how to acquire it?</h2>



<p>The way to acquire a Patta involves applying for it with the Tehsildar or any other Administrative Authority of the District or State. The land owner will make the property paper in the format specified by the Revenue Department.</p>



<p>The process involves verification by the Tehsildar, who can either have a meeting with the applicant or visit the property in person to verify the situation of the property and its surroundings. The Patta mentions every single detail about the owner of the property paper and also describes the plot in question.</p>



<p>The importance of Patta Land registration is as follows:</p>



<ul><li>It is a crucial document that proves the ownership of an individual with any land or plot in question.</li><li>Any matter of dispute/litigation in the Court of Law can be settled with Patta or Patta Land Registration documents. It is beneficial to seek legal consultation in similar matters to avoid complicated issues.</li><li>Any government acquisition or transaction of property with Patta Land Registration can comply if the documents are present to prove the ownership.</li><li>Remuneration from government land or ownership can be acquired without issues with a Patta Land Registration and its documents.</li></ul>



<h2>What is the role of a Tehsildar?</h2>



<p>Revenue officials issued by the State Government for maintenance of land records are known as Tehsildars. They are located according to the area where the property is positioned and are certified to verify, modify and register Patta’s when needed.</p>



<h2>Which type of Land Patta needs to be registered?</h2>



<p>Patta Land Registration is needed for frequently visited lands or barely used ones, parcels with any construction or buildings. The Patta also affirms if the plot in question is commercial or residential.</p>



<p>Ownership of any land can be proved easily with Patta Land registration with the revenue official. In the case of any concern or unsolved disputes present, the owner can take legal consultation to get clarification on the matter with professional advice for solving the predicament.</p>



<h2>How is Patta Land Registration done with the Tehsildar?</h2>



<p>The Patta Land registration process varies from one state to another but is a simple procedure and requires a few documents. The steps are as follows:</p>



<ul><li>The owner can file a submission according to the format given by the revenue official at the Tehsildar’s office in their district or state.</li><li>The Patta Land Registration process has become easier nowadays as individuals are now filing the Patta Land registration application online. But it is to be noted that only some or limited states are using the new technology for Patta Land registration online.</li><li>The Patta Land registration form also differs from one state to another, and the details needed are the same such as parcel location, size, structure, and type.</li><li>There are additional documents required for Patta Land registration as identity proof, PAN card, Aadhar card, etc., to complete the official verification of the application with the Revenue official.</li><li>After the Tehsildar receives the Registration application, they either assemble for a meeting with the owner or personally visit the site for inspection and verification.</li><li>After the inspection and verification are completed, the Tehsildar reports back to the registration office, and the Patta Land registration is approved by the owner of the property.</li><li>After the approval, the owner can issue either a hardcopy or get a softcopy of the registration papers if that facility is available. It is available in English and some regional languages for a thorough understanding of the owner.</li></ul>



<h2>Conclusion</h2>



<p>The Patta land registration documents are a vital piece of evidence to prove the ownership irrespective of the fact that the owner is a new one or an existing owner. The charges for obtaining Patta Land registration/transfer are completed as per government provisions.</p>



<p>The government is trying its best to make the process more convenient and simple for every individual opting for Land registration with the officials. With the new technology available, some states have adopted the online method of Patta Land registration to make it efficient and prompt.</p>


patta land registration

Land Patta Registration is evidence of your Land Ownership.

The memorandum of understanding is a tool for initial structure in partnership before the actual agreement is made. It covers every detail of management and coordination to make the process clear and specific. Drafting an MOU can be a complicated process, so an individual can consult a lawyer before initiating the process.


<h2>Introduction</h2>



<ul><li>A memorandum of understanding between two partners is an agreement in a verbal form, or a written form helps to establish the initial obligations and duties of partners entering a partnership agreement.</li><li>A memorandum of understanding between two partners is not legally binding but also helps in building the trust and foundation of any partnership, providing a smooth working environment and relationship.</li><li>It outlines collaboration and the type of business that partners may choose to enter in the future. The amount of capital contribution and the duration will be mentioned in the memorandum of understanding between the two partners.</li><li>The contribution and the desired outcome can be set through a memorandum of understanding between two partners, which mentions&nbsp; how the partnership will function and be managed.</li></ul>



<h2>What is a MOU?</h2>



<ul><li>A memorandum of understanding between two partners is an agreement to help reach a mutual decision in terms and conditions. It is also known as a &#8220;letter of intent.&#8221;</li><li>The terms and conditions may or may not be negotiated when the memorandum of understanding between two partners is made, but the roles and responsibilities are elaborated.</li><li>It helps in understanding the intentions of both parties before entering into a much more serious contract in the future. It is more of an initial discussion between the parties.</li><li>It also can be kept undisclosed if the partners want to keep it that way to avoid any compromise with sensitive information.</li><li>It is not a legal document but holds a significant position in the eyes of the law.</li></ul>



<h2>What are the Features of a Memorandum of Understanding between two partners?</h2>



<p>A memorandum of understanding between two partners consists of important contents which should be mentioned in the agreement. These are as follows:</p>



<ul><li><strong>Partner identification:</strong> The memorandum of understanding between two partners must contain every detail of both the parties, such as the name and address between whom the agreement is being signed.</li><li><strong>The goal and purpose</strong>: The goals and purpose for creating the memorandum of understanding between two partners should be specified and elaborated to avoid any conflicts in the future.</li><li><strong>The duration of the agreement</strong>: The agreement should have the time and dates from which it will start and end.</li><li><strong>Termination clause:</strong> The memorandum of understanding between two partners must specify the circumstances on which it can be closed or terminated.</li><li><strong>Planning and meeting:</strong> The agreement contains the specific dates on which the meeting will be held, and the partners can choose their ones accordingly with discussion. (It can be monthly, quarterly, etc.).</li><li><strong>Maintenance of financial records</strong>: The partners in a memorandum of understanding should maintain a financial record or practice bookkeeping for every transaction made through the partnership. It should specify the dates and nature of the transaction. The person who has the authority to take such decisions should be specified in the memorandum of understanding.</li><li><strong>The management responsibilities</strong>: The memorandum of understanding between two partners must specify different kinds of responsibilities and duties of every partner and how they should be organized for better efficiency. The remuneration aspect is also clarified with added information.</li><li><strong>Attested and approved:</strong> The partners may go through each point thoroughly before signing and finalizing the agreement to avoid future disputes. When the parties agree, the memorandum of understanding between two partners should be dated and signed by the authorized personnel appointed to act on behalf of the organization.</li></ul>



<h2>The legal value and Stamp Duty of MOU</h2>



<ul><li>The memorandum of understanding between two partners is not legally enforceable. Such contracts are non-binding and are only the initial discussion agreement between parties formed to arrive at a mutual base.</li><li>This helps in future contract making as the memorandum of understanding between two partners helps in deciphering the intention of both parties.</li><li>A clause that mentions indemnification, jurisdiction, law, enforceability, and termination can make the agreement legally binding.</li><li>It is governed by the <strong>Indian Contract Act, 1872</strong>; if the conditions under this act are not fulfilled, then the memorandum of understanding between two partners is of no legal value and is non-binding.</li><li>The stamp duty for a memorandum of understanding is not mandatory, but in case the purchase value is more than Rs 100 for any immovable property transaction, then it&#8217;s presented in court and stamped.</li><li>The document of a memorandum of understanding between two partners can be used as evidence in the Court of Law only if it is properly stamped under legal provisions. It may help in solving litigation.</li><li><strong>Specific Relief Act, 1963</strong>, provides certain kinds of assistance to the organization if compensation is not received in monetary terms. It can be done only if it fulfills every condition under the <strong>Indian Contract Act, 1872</strong>. However, it is suggested to talk to a lawyer about the Act conditions and what needs to be fulfilled to understand the process in a better way.</li></ul>



<h2>Importance of Memorandum of Understanding</h2>



<ul><li>The main advantage is that the partners do not have to enter into any serious agreement right away, but with the memorandum of understanding between two partners, they can establish goals and duties and talk about their desired outcomes as well as express every detail clearly with no hesitation.</li><li>The chances of future disputes become negligible as the terms and conditions are discussed before any formal agreement.</li><li>The parties become aware of every responsibility and intention of the other party, and this settles down any query through simple mutual consent.</li><li>It is convenient and easy to frame for both parties as the clause can be changed or altered accordingly.</li></ul>



<h2>Conclusion</h2>



<p>It is mostly used as a significant initial point for any partnership and business. The memorandum of understanding between two partners provides utmost clarity on roles, duties, and obligations, which are formally written to address different types of situations.&nbsp;</p>



<p>It helps in formalizing the mutual decision of both parties without any conflicts, and in case of any litigation, the parties can talk to a lawyer and solve their queries.<strong>&nbsp;</strong></p>


memorandum of understanding between two partners

What is a Memorandum of Understanding between Two partners?

Legal Consultation

 To get the sale deed enforced in a court of law, one must get the sale deed registered. Consult a professional lawyer to get your sale deed registered. 

Get Your Sale Deed Registered 


<p>Sometimes title deeds are also labeled as sales deeds. But there are a few differences that one must be aware of to get the required information about it as they are not at all identical but falls under one category, and we need to clear the title deed vs. sale deed as the sale deed is a legal document while the title deed is just a statement.</p>



<h2>Getting to know what is&nbsp;Title deed and vs. Sale deed</h2>



<p>The type of document which confirms that a specific individual is the owner of any immovable property is a title deed. It is also known as a Deed of Sale on some occasions, but the question about their differences always emerges, and it should be defined in an elaborate way to avoid confusion. We will discuss the distinctions between title deed vs. sale deed.</p>



<h2>Title deed</h2>



<p>It is described as the legal right to own a property/estate. It mentions the property transfer between one or more individuals.</p>



<h2>Deed of Sale</h2>



<ul><li>The process of acquiring legal ownership of a purchased property/asset by property registration. The document used for legal protocols is known as a sale deed.&nbsp;</li><li>Most people may think that both the terms are synonyms as one helps to affirm the other, but there are evident differences in title deed vs. sale deed.</li></ul>



<h2>Title deed vs. sale deed</h2>



<ul><li>The primary difference between a&nbsp;title deed and vs. sale deed is more of a conceptual framework, and the sale deed is an actual document proving the ownership and contains the details of the owners and dealer.</li><li>After the registration process is completed, the theory is that the title deed itself evolves into a sale deed as it contains the proof that the individual is the legal owner of a property and he/she owns it now, which they have registered under their name.&nbsp;</li><li>In this context,&nbsp;title deed vs. sale deed, the title deed has no particular documentation which can be used to notify the title.</li><li>The sale deed also can contain circumstances where the property was passed to any other individuals previously in the past.</li><li>A real estate title deed is a document that mentions the transfer of property ownership.</li></ul>



<h2>What is a title deed vs. a sale deed legally?</h2>



<ul><li></li><li>From the legal viewpoint,&nbsp;a title deed vs. a sale deed has a conceptual difference as the sale deed is an actual document while the title deed is a statement.</li><li>A sale deed encloses every term and condition which were agreed upon by the buyer and the seller to fulfill the transaction.&nbsp;</li><li>This takes the form of an agreement only after being registered under the Registration Act 1908. The process of registration takes place at a sub-registrar&#8217;s office under legal provisions.</li><li>A title deed has no such registered documents. It is a statement containing ownership rights for a particular property of an individual.</li><li>For example,&nbsp;a title deed is held by a seller, so after the buyer purchased the property, the deed was registered and thus, became a sale deed.</li><li>In&nbsp;title deed vs. sale deed, the sale deed is a legal document that contains all the information of both parties, and the title deed also contains the same obligations of the owner, but it is not considered the same under legal provisions.&nbsp;</li><li>During any registration or transaction, a&nbsp;legal consultation&nbsp;should be taken because of the terms which are not casually used and can cause trouble later. Certain laws come into action for people who do not have a title deed for their registered land/property.&nbsp;</li><li>The title deed vs. sale deed&nbsp;has small points of difference that needs to be acknowledged.</li></ul>



<h2>Advantages in title deed vs.<strong> </strong>sale deed</h2>



<ul><li>There are advantages regarding&nbsp;title deed vs. sale deed. The value or acquisition of property cannot be exaggerated. It applies to all properties such as commercial buildings, residential homes, and real estate. As title deeds are legal documents, they are of great importance and significance.</li><li>It is a crucial element that helps the owner conduct future transfers in a hassle-free manner as&nbsp;title deed vs. sale deed&nbsp;is not to be taken lightly in case of the law.</li><li>A sale deed is a registered legal document that gives a distinction for the safe transfer of properties. In case of disputes in the future, it can be used as a critical piece of evidence. It affirms the legal rights, status, and details of the parties involved.</li><li>In the concept of&nbsp;title deed vs. sale deed, both are an important part of the purchase or selling of any immovable property/estate. Without the two deeds, any transaction cannot occur.</li><li>Legal matters are rather risky, so legal consultation&nbsp;is highly advised to be safer with the transactions. It should be dealt with absolute precision to avoid jargon that may be understood by some individuals. So it is better to have an understanding of the terms used to make a wise decision.</li></ul>



<h2>The information mentioned in the&nbsp;title deed vs. sale deed</h2>



<p>In the title deed, the following points are enclosed:</p>



<ul><li>Contracts for sale</li><li>The conveyance that occurred</li><li>Any previous will</li><li>Mortgages and leases</li></ul>



<p>In the case of a sale deed, the following points are mentioned:</p>



<ul><li>Ownership rights transfer</li><li>Value of the property</li><li>Ownership transfer from the seller to the buyer</li><li>Title</li></ul>



<h2>Conclusion</h2>



<p>In the case of&nbsp;title deed vs. sale deed, the former is just a conceptual theory, while the latter is actual documentation that will be registered for any transaction. For this, two parties are involved, and their details are analyzed into the documents with their respective signatures.</p>



<p>A title deed acts as a statement that mentions the legitimate owner of an approved property. The seller has to present all the records of transactions associated with any property involved, and a sale deed is made based on such materials.</p>


title deed vs sale deed

Differences between Title deed vs. Sale deed

Legal Documents

To get the gift deed enforced in the Court of Law, it must be registered. One must get the gift deed registered by an expert lawyer.

Get Your Gift Deed Registered


<p>In India, many properties are bought and sold but it is very crucial to know whether a property that is received through a gift deed property can be sold or not.&nbsp;</p>



<p>The laws at present define if a gift deed property can be sold at the donee’s free will as they are the receiver of the registered deed.&nbsp;</p>



<h2>What is a Gift Deed?</h2>



<ul><li>A deed of gift is the voluntary transfer of ownership of any movable or immovable property with registered documentation as per the law provisions under the Transfer of Property Act, 1822. &nbsp;</li><li>The registration of a gift deed is mandatory for shifting ownership of any immovable property.&nbsp;</li><li>The transferor is known as the donor and the transferee is known as the donee.&nbsp;</li><li>The deed of gift is irrevocable and cannot be claimed back until proven duress coercion. It holds the same value as that of a sale deed.&nbsp;</li><li>The gift deed property can be sold and used by the receiver according to the Transfer of Property Act.</li></ul>



<h2>Whether Gift deed property can be sold or not?</h2>



<p>The answer is yes, gift deed property can be sold but only if it is registered under the provisions of the law without the attachment of any condition. It should be registered under the receiver&#8217;s name because it holds the same value as that of a sale deed.</p>



<p>If the gifted property is not conditional, no individual can revoke it, and gift deed property can be sold by the owner because the property is now in their name per the law. The disposal of any property received by a Gift deed is okay but if the trace of any forgery is found, it can be annulled.</p>



<h2>Validity of Gift Deed&nbsp;</h2>



<p>The Gift deed is valid forever, as long as there is no forgery or forceful commencing/fraud presented in the court with proper evidence. If the evidence that is provided proves to be true, the deed will be nullified and the donee will no longer be the owner as per the provisions of law.&nbsp;</p>



<p>The third party can get the deed annulled by proving duress coercion in court. The gift deed property can be sold if these grounds are clear and registration is completely done.</p>



<h2>Grounds to challenge any property that is received by Gift deed</h2>



<p>A registered deed will be effective in the eyes of law and will come into effect immediately after all the legal procedure is completed. However, there are some points where the gifted property (movable or immovable) can be challenged or annulled. It is based on these grounds that if a gift deed property can be sold or not.</p>



<p>These are:</p>



<ul><li>The donor gifting the property was not the authorized owner of it and it was not a registered property. If the donor is not the sole owner, then the property is canceled for gifting.</li><li>The property was valued incorrectly and the stamp duty or government fees weren’t cleared.</li><li>There was forgery involved while making the documents of registration i.e. it was done by fraud or force. The gift deed property can be sold only if these clauses are cleared by law.</li></ul>



<h2>Purchasing a gifted property</h2>



<p>The property received by a donee can be sold and so the buyer is liberated to purchase the same but there are some points to be noted while buying such property. The gift deed property can be sold if only that comes in terms with the legal provisions.</p>



<ul><li>The property should be a registered property under the Registration Act 1908 (Sec 18) through a Sub- registrar.</li><li>The stamp duty and tax should be paid and cleared so that you don’t get at risk of revocation.</li><li>Make sure the gifted property which any individual is purchasing has proper documents and no conditions attached as it may cause third parties to have the resemblance of right in the property.</li></ul>



<h2>Precautions</h2>



<ul><li>One must check the clauses where the transfer, selling, or gifting is mentioned and its fair usage is defined. The status of property that was in the donor’s name must be checked too through applying an EC, and this will keep the records clean for future applications.&nbsp;</li><li>Gift deed property can be sold only if it’s registered, verification of every document legally is required. Any future litigation can be avoided if these precautions are exercised.</li><li>If all these points are comprehensive, the gift deed property can be sold or bought without any issues but still, it is highly recommended to take legal advice before buying or selling any gifted property.</li></ul>



<h2>Gifting the property which is inherited through a Gift deed</h2>



<ul><li>The documents include details of donor and donee, details about the property, and its value.&nbsp;</li><li>The charges of stamp duty and registration that needs to be cleared and any mentions of further conditions (if any).</li><li>It does not have a sale consideration like that of a deed of sale and gift deed property can be sold or gifted voluntarily by registration with the sub-registrar.&nbsp;</li><li>It is okay to gift such property which is inherited. Gift deed property can be sold or gifted again just by making sure the documents are legally verified and registered.&nbsp;</li><li>It is important to take legal advice beforehand to avoid altercations in the future.</li></ul>



<h2>Clause that states “donee shall not sell the gift”&nbsp;</h2>



<ul><li>Gift deed property can be sold if registered legally under every provision of the law.&nbsp;</li><li>But if the deed contains terms and conditions regarding the clause that it cannot be manipulated or sold in any way by the donee, or if such happens the deed will be revoked and reverted to its lawful owner, it needs to be checked and confirmed as provided under the section 126 of Transfer of Property Act.</li><li>Keeping every legal clause in mention, the aforesaid will not apply if no such condition is attached and free will was found.&nbsp;</li><li>The gift deed property can be sold as per the transferee’s wish and disposed of as per their interest.</li></ul>



<h2>Conclusion<strong>&nbsp;</strong></h2>



<p>The gift deed property can be sold and disposed of as the receiver wants as now they are the legal owner of the property and any litigation regarding it can be avoided by taking an attorney consultation. Apart from saving time, attorney consultation guides you in the right direction.</p>


Business Registration

What is the procedure for property registration?

Advantages of Partnership Firm

How to Register a Partnership Firm?

Legal Consultation

Which Land Registration Documents are Essential?

Land Patta Registration is evidence of your Land Ownership.

What is a Memorandum of Understanding between Two partners?

Legal Documents

What is a Memorandum of Understanding between Two partners?

Differences between Title deed vs. Sale deed

What is the procedure for property registration?

Property & Real Estate

Differences between Title deed vs. Sale deed

What is the procedure for property registration?

Gift Deed property can be sold or not?