Secure Your Property Ownership: House Registration in India

by  Adv. Deepak Pandey  

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house registration process

Introduction

In India, registering property is a legal requirement that provides a secure and transparent way to establish ownership rights. The registration process involves the transfer of ownership of property from the seller to the buyer, which is recorded by the government. This process is governed by the Indian Registration Act and is carried out at the sub-registrar’s office in the area where the property is located.

People Also Read: Unlocking the Secrets of Property Registration in India: A Must-Read Guide for Buyers and Sellers

What are the benefits of House registration in India?

 Some of the benefits of house registration are:

  • Establishes legal ownership of the property
  • Provides a secure way to transfer and sell property
  • Protects the buyer’s interests and rights
  • Prevents disputes and legal issues related to the property
  • Increases the value of the property
  • Enables the buyer to obtain loans and mortgages using the property as collateral
  • Facilitates the payment of property taxes and other fees
  • Provides access to government services and benefits related to the property.

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What are the Documents required for House Registration?

Here are the documents generally required for house registration in India:

  1. Sale deed: This is the primary legal document that records the transfer of ownership from the seller to the buyer.
  2. Property card: It is an essential document that contains details of the property, such as its location, survey number, and size.
  3. Khata certificate and Khata extract: These documents certify that the property owner has paid the property tax to the local authorities.
  4. Encumbrance certificate: This document certifies that the property is free from any legal disputes and encumbrances such as mortgages or liens.
  5. Identity proof of the buyer and seller: Documents such as PAN card, Aadhaar card, voter ID card, or passport can serve as identity proof.
  6. Address proof: Documents such as electricity bills, telephone bills, or rental agreements can serve as address proof.
  7. NOC from the society: If the property is located in a housing society, a no-objection certificate (NOC) from the society is required.

People Also Read: Understanding Property Ownership: Freehold and Leasehold Explained

What are the steps for online registration of the house?

Here are the general steps for online house registration in India:

  • Visit the official website of the state’s registration and stamp department.
  • Create an account and fill in the required details.
  • Upload the necessary documents, including property details and ownership proof.
  • Pay the registration fees online.
  • Schedule an appointment for the property verification process.
  • Complete the property verification process.
  • Obtain the digitally signed registration document online.

How to conduct a land registry check online?

In India, you can conduct a land registry check online through the following steps:

  1. Visit the website of the Department of Land Resources, Government of India.
  2. Click on the ‘Digital India Land Records Modernization Programme’ link on the homepage.
  3. Select your state from the drop-down menu on the left-hand side of the screen.
  4. Choose the district and then the tehsil or taluk from the list of options provided.
  5. Click on the ‘View Land Records’ option to view the land records of the particular area.
  6. Enter the survey number, khata number, or name of the owner to conduct a search.
  7. Once the search results are displayed, you can view the details of the land records, including the ownership details, area, survey number, type of land, and other related information.

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What are the Property Registry Laws?

In India, property registration laws are governed by the Registration Act 1908. The Act provides for the registration of documents, including deeds and instruments related to the transfer of immovable property. Some of the key provisions of the Act include:

  1. Compulsory registration: The Act makes it mandatory for certain documents, including sale deeds, gift deeds, lease deeds, and mortgage deeds, to be registered with the sub-registrar of the district in which the property is situated.
  2. The time limit for registration: The Act provides that a document must be presented for registration within four months of its execution. After this period, the document can still be registered, but with a penalty fee.
  3. Procedure for registration: The Act outlines the procedure for registration of documents, which involves presenting the document to the sub-registrar, payment of registration fees, and verification of the identity of the parties involved in the transaction.
  4. Consequences of non-registration: A document that is not registered is not admissible as evidence in court. In addition, it does not confer any rights or title to the property.
  5. Land title certification: In recent years, some states in India have introduced a system of land title certification, which involves the creation of a computerized land registry that provides conclusive proof of ownership of a property. The system is designed to reduce disputes and fraud related to property ownership.

Types of Valuations For Property Registration

When it comes to property registration, there are different types of valuations that may be used to determine the value of the property. Some of the common types of valuations for property registration include:

  1. Market Value: This is the most common type of valuation used in property registration. It refers to the estimated amount that a property would sell for in the current market conditions.
  2. District Value: District value is the value that is fixed by the government for a particular area or district. This value is used to calculate stamp duty and registration fees for property transactions.
  3. Rental Value: Rental value is the estimated amount that a property would fetch in terms of rent if it were to be rented out. This value is often used to calculate the property tax payable on the property.
  4. Investment Value: Investment value is the value of a property to an investor. It is often higher than the market value because it takes into account the potential income that the property can generate.
  5. Fair Value: Fair value is the value of a property that is arrived at by considering all relevant factors and is considered to be fair and reasonable by all parties involved.

It is important to note that the type of valuation used for property registration may vary depending on the purpose of the transaction and the regulations of the specific region or country.

What data is required for an online house registry check?

However, some common data required for an online house registry check in India may include:

  1. Property Address: The property address is the most important information required for a house registry check. This includes details such as the street address, city, state, and pin code.
  2. Property Identification Number: This number, also known as the property ID, is a unique identification number assigned to each property in some states in India. It may be required for online house registry checks in those states.
  3. Owner’s Name: The name of the current owner of the property is often required for a house registry check. This may be used to verify the ownership of the property and to ensure that the person making the inquiry has the right to do so.
  4. Property Sale Deed: The property sale deed is a legal document that establishes the ownership of the property. It may be required for online house registry checks in some cases.
  5. Any other relevant documents: Depending on the specific website or state regulations, other relevant documents such as property tax receipts, building plans, and property encumbrance certificates may be required for a house registry check.

It is recommended to check the specific website or contact the relevant authorities in the state to confirm the exact data required for an online house registry check.

People also read: Possession Certificate: Confirming Ownership of Property

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Conclusion

In conclusion, house registration is a crucial process for establishing ownership and protecting property rights in India. It provides legal protection to the buyer and safeguards their interests in the event of any legal disputes. By following the appropriate registration procedures and obtaining the required documents, buyers can ensure that their property transactions are legally valid and secure.

Frequently Asked Questions about House Registration

Q 1. What is house registration, and why is it important?

Ans. House registration is a legal process of recording the transfer of ownership of property from the seller to the buyer. It is important because it establishes the ownership of the property and protects the buyer’s rights.

Q 2. What are the documents required for house registration?

Ans. The documents required for house registration in India include property documents, identity proof of the seller and buyer, PAN card, and passport-size photographs.

Q 3. What is the stamp duty, and how is it calculated?

Ans. Stamp duty is a tax levied by the government on property transactions. It is calculated based on the property’s value and varies from state to state.

Q 4. Can house registration be done online?

Ans. Yes, many states in India offer online house registration facilities, and the process may vary depending on the state’s rules and regulations.

Q 5. How long does it take to complete the house registration process?

Ans. The house registration process can take anywhere from a few days to several weeks, depending on various factors such as the availability of appointment slots, document verification, and stamp duty payment.

Property Transactions are an essential registration procedureA lawyer can help ensure that the house registration process is legally sound and protects the interests of the buyer or seller.

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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