A Comprehensive Guide to Flat Registration in India

by  Adv. Deepak Pandey  

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flat registration

Introduction

Registering your flat in India is not just a legal obligation, but it also provides a sense of security and ownership. It ensures that the property belongs to you and protects you from any future disputes. Don’t wait until it’s too late; register your flat today and secure your investment.

Things to know regarding the Registration of Flat

  • Flat registration in India is the process of registering a property with the government authorities to establish ownership of the property. 
  • The registration process involves paying stamp duty and registration fees and submitting all necessary documents, such as the sale deed, property card, and proof of identity and address of the parties involved. Once the registration is complete, the buyer is considered the legal owner of the property and has the right to sell or transfer the property in the future. It is a crucial step in the property buying process in India and is required by law to establish the transfer of ownership.

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What are the documents required for the Registration of a Flat?

Here are the standard documents required for the registration of a flat in India:

  • Sale Deed
  • Title Deed
  • Property Tax Receipts
  • NOC from the society or builder
  • Encumbrance Certificate
  • Khata Certificate and Khata Extract
  • Possession Certificate
  • Building Plan Approval
  • Identity proof (such as an Aadhaar card, passport, or voter ID)
  • Address proof (such as electricity bill, phone bill, or ration card)
  • PAN card (for transactions above a certain value)

    Hassle-Free Flat Registration: Everything You Need to Know in One Place

What are the rera rules for flat registration?

The Real Estate (Regulation and Development) Act, 2016 (RERA) has set out specific rules for the registration of flats in India. Some of the key rules are:

  1. All real estate projects with more than 8 units must be registered with the RERA authority before any sale or advertisement.
  2. The developer must provide all details about the project, including project plan, layout, land title status, and approvals, in the RERA registration application.
  3. The RERA registration number must be prominently displayed in all advertisements and sale deeds.
  4. The developer cannot accept more than 10% of the total cost of the flat as advance payment without entering into a registered agreement for sale with the buyer.
  5. The developer must obtain all necessary approvals from the relevant authorities before selling any flats and cannot make any changes to the plan or design without the consent of the majority of buyers.
  6. The developer must set up an escrow account for each project, where 70% of the funds received from buyers must be deposited and used only for construction and land-related expenses.

What is the process of Online Flat Agreement Registration?

Online flat agreement registration is a process where the registration of a property agreement is done through an online portal provided by the government. This is a convenient and time-saving method, as it allows the parties involved to complete the registration process from the comfort of their own homes or offices.

  • The online registration process usually involves uploading the necessary documents, filling out the required information, and paying the stamp duty and registration fees online. 
  • Once the documents are verified and the fees are paid, the registration certificate is generated and sent to the parties involved. 
  • It is important to note that not all states or union territories in India offer online registration for property agreements, and the specific process may vary depending on the location.

In India, some states allow online flat agreement registration to make the process more convenient and efficient for buyers. 

Flat Registration Process in Bangalore 

  1. Obtain all necessary documents, such as sale deed, property tax receipts, NOC from authorities, completion certificate, and other relevant documents.
  2. Verify and pay any outstanding dues, such as property tax, maintenance charges, and other charges, if applicable.
  3. Get the documents and sale deed notarized by a notary public.
  4. Pay stamp duty, registration fees, and other charges at the sub-registrar’s office.
  5. Get the documents and sale deed verified by the sub-registrar and obtain a registration receipt.
  6. The sub-registrar will then register the property and transfer ownership to the buyer.
  7. Collect the registered sale deed and documents from the sub-registrar’s office after a few days.

For example, the flat registration process in Bangalore

Visit https://kaverionline.karnataka.gov.in and register as a new user.

Step 1 Login with your user id and password and click ‘document registration.’

Step 2 Enter the details, such as the date of execution of the sale deed, the total number of parties, and other details. Save all the information.

Step 4 Fill in the details of the witnesses, buyers, and sellers. The sale deed can be prepared by the executant or an advocate.

Step 5 Select the ID proof that will be presented by the witnesses and the parties.

Step 6 Fill in the property details, such as agricultural or non-agricultural land, residential or commercial, revenue district, registration district, nearest SRO office, etc.

Step 7 Calculate the stamp duty by filling in the other requisite details.

Step 8 Upload the supporting documents in the next step. This includes the sale deed, no-objection certificate (NOC), address proof, etc.

Step 9 Choose the payment details for consideration and enter the required details, like bank challan number, banker’s cheque number, challan date, etc.

Step 10 Book an appointment to register the sale deed and visit the SRO office on the scheduled date, along with the supporting documents.

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Flat Registration Process in Pune

  • The first step in the flat registration process in Pune is to obtain all the necessary documents, including the sale deed, tax receipts, and completion certificate from the builder or developer.
  • Next, the buyer must pay the stamp duty and registration fees as per the current rates in Pune.
  • The buyer must then submit the documents and pay the fees to the Sub-registrar’s Office for verification and registration of the property.
  • Once the documents are verified, the buyer must sign the registration documents in the presence of the Sub-Registrar or his authorized representative.
  • The buyer will receive the originally registered sale deed after the registration process is complete.
  • It is important to note that the buyer must complete the flat registration process within four months of the property purchase to avoid any penalties or additional charges.
  • In the case of joint ownership, all the co-owners must be present at the time of registration, or a power of attorney must be given to one of the co-owners to represent the others.

What is the Registration Cost for a Flat in India?

The registration cost for a flat in India depends on the state where the property is located and the value of the property. The registration cost is usually a percentage of the property value and includes stamp duty, registration fees, and other charges. In general, the registration cost ranges from 5% to 7% of the property value. However, in some states like Maharashtra and Karnataka, the registration cost can go up to 10% of the property value. It is important to note that the registration cost can vary depending on the type of property, ownership structure, and other factors. It is always advisable to check the current registration rates with the local Sub-Registrar’s office or consult a legal expert to get an accurate estimate of the registration cost for a flat in India.

What is the Registration Process for Under-Construction Flats?

The registration process for under-construction flats in India is similar to that for completed apartments, but there are a few key differences. Here are some things to keep in mind:

  • If the construction is ongoing, the builder or developer may have applied for an “Agreement for Sale” rather than a Sale Deed, which must be registered with the government authorities.
  • In addition to the documents required for completed flats, you may also need to provide additional documents related to the construction, such as the building plan approvals, the commencement certificate, and the completion certificate.
  • Depending on the stage of construction, you may also need to pay different amounts of stamp duty and registration fees. Some states or union territories may offer a reduced rate for under-construction flats, while others may require the full amount to be paid upfront.
  • It is important to ensure that the builder or developer has obtained all necessary approvals and clearances before registering the under construction flat. This will help to ensure that there are no legal issues or disputes that may arise later on.

    Get a Step-by-Step Guide to Flat Registration in India - Consult a Lawyer & Get Your Property Registered Without Any Worries

What is the Registration Process for a Flat Before Possession in India?

In India, the registration of a flat before possession is not possible as the flat needs to be completed and ready for possession before it can be registered. As per the law, property ownership can only be transferred through registration, and it is necessary to establish ownership to complete the registration process. Possession is necessary to establish ownership, and without possession, the buyer cannot register the flat. Therefore, the buyer must wait for the possession of the flat before initiating the registration process.

However, the buyer can make the payment of stamp duty and registration fees before possession to avoid any penalties or additional charges. Once the possession is taken, the registration process can be initiated and completed within four months to transfer the ownership of the flat from the builder or developer to the buyer.

What is the Registration Process for Flat after Possession ?

Once the possession of the flat is taken, the registration process can be initiated in India. The buyer must obtain all the necessary documents and pay the stamp duty and registration fees to complete the registration process. Once the registration is complete, the buyer becomes the legal owner of the property, and the ownership is transferred from the developer or builder to the buyer.

Conclusion

  • Flat registration in India is the process of registering a property with the government authorities to establish the ownership of the property. 
  • As a buyer, the flat registration process can be daunting and overwhelming, causing anxiety and stress.
  • However, a smooth and efficient registration process can provide a sense of relief and satisfaction for the customer.

These rules ensure greater transparency and accountability in the real estate sector, protecting the interests of flat buyers and preventing fraud and delays in project completion.

Frequently asked questions about Flat Registration in India

Q 1.​​ What is flat registration?

Ans. Flat registration is the process of registering a property or apartment with the government authorities to transfer ownership from the developer or builder to the buyer.

Q 2.​​ What are the documents required for flat registration?

Ans. The documents required for flat registration include sale deed, tax receipts, NOC from authorities, completion certificate, and other relevant documents.

Q 3. What is the cost of flat registration?

Ans. The cost of flat registration varies from state to state in India. It is usually a percentage of the property value and includes stamp duty, registration fees, and other charges.

Q 4.​​ Can flat registration be done online?

Ans. Yes, some states in India allow online flat registration through their official websites. However, physical verification of documents and signatures may still be required.

Q 5.​​ What is the time frame for flat registration?

Ans. The time frame for flat registration varies from state to state and can take anywhere from a few days to a few weeks.

Q 6.​​ Can a flat be registered without possession?

Ans. No, a flat cannot be registered without possession. Possession is necessary to establish ownership and transfer it to the buyer through the registration process.

Q 7.​​ Can a flat be registered in joint names?

Ans. Yes, a flat can be registered in joint names of two or more buyers as per their ownership agreement.

Q 8.​​ What happens if the flat registration is not done?

Ans. If flat registration is not done, the buyer does not become the legal owner of the property, and the developer or builder continues to be the owner. This can lead to legal disputes and other issues in the future.

The process of registering a flat in India can be a complex legal procedure that involves several important steps. A lawyer can provide legal guidance and support to the parties involved ensuring that all legal requirements are met.

Adv. Deepak Pandey

Adv. Deepak Pandey

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Deepak Pandey offers legal consultancy and advisory services with a keen emphasis on ethical and professional conduct to achieve favourable results. He has 5 years of experience in handling legal cases. As a result of his strong communication skills, Deepak is able to present his clients' cases with clarity and persuasion.

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