- When an individual buys land or property, it is necessary to register it and get certified documents and registry papers for the property/land. This step makes the purchaser the rightful owner of the land.
- Any property bought that costs more than Rs 100 should be registered by providing a few documents required for land registration as per the Indian registration law.
- Registration and its other essentials are regulated by section 17 of the Indian Registration Act of 1908.
What is the meaning of Land Registration?
- The transactions related to land or property are very crucial as it involves a considerable amount of money and needs evidence of the transfer of ownership rights from the seller to the buyer.
- Land registration is mandatory as it inputs the transaction into the government database, where all records are maintained. Any sale or purchase requires land registration for the immovable property, and certain documents required for land registration are to be prepared.
- Certain documents are required for land registration, which can become hassle-some and complex for a layman who can opt to take legal consultation before proceeding with the issue.
Is it mandatory to get land/property registered?
- As per section 17 of the Indian Registration Act of 1908, it is mandatory to get the land/property registered for it to be bought or sold.
- A property valued at less than Rs 100 is not required to be registered.
- The buyer becomes the rightful legal owner of the property once they clear stamp charges and registration fees, which are necessary to be cleared along with documents required for land registration.
- It may vary from one state to another as per the location, structure, and type of land or property.
- The buyer can take legal consultation from a property expert lawyer in case they have a query regarding these points.
The laws that govern such registration are as follows:
- Indian Registration Act of 1908, where section 17 prescribes that any property valued above Rs 100 is to be compulsorily registered.
- The Indian Stamp Act of 1889 states that the stamp duty charges must be cleared for acquiring ownership rights, land documents, and titles.
Here are a few key points to keep in mind before Property Registration
The land or property registration process can be complex, and the results are obtained for long-term effects. The documents required for land registration are furnished as deciphered by the registrar.
The Individuals registering their land must be precise and cautious about their rights and the steps required for registration.
The important things to understand:
- Documents: The documents required for land registration must be checked thoroughly and revised efficiently to avoid any errors or missing items. The following documents, as to when and how the transfer was executed, are also necessary documents required for land registration.
- Encumbrance or clearance: The property must be free from liabilities such as tax, electricity, water, or other bills. They are cleared and are added to the document required for land registration as it acts as evidence that the property is free from any legal conflict or mortgage.
- Stamp duty: The stamp duty is calculated on the total market value of the property and can vary from one state to the other. It must be cleared as per the required ratio for being the rightful property ownership.
- Deed: A deed is required, which contains the terms and conditions of the property transfer. It also contains the details of both buyer and seller with their contact information. This is another document required for land registration, and the deed can be a sale, lease, or gift deed.
Documents required for Land Registration
Preparing and submitting the documents required for land registration is crucial as it takes patience and effort to arrange each document and furnish it for registration.
- The document’s execution details are the main reason why these documents required for land registration are given in the first place.
- The registration should take place within four months from the execution date of the documents.
- The reason for the delay is explained to the Sub-registrar why the individual could not provide the documents required for land registration. A penalty may be charged, which is to be cleared within the given date.
- The land registration will take nearly 2-3 days for urban cities and 7-8 days for rural places.
A few land documents that must prepare to make things easier are as follows:
- Both buyer and seller should provide their passport-sized photographs.
- Both parties should give identity proof such as a PAN card, Aadhar card, etc.
- Card copy of any latest property registers.
- POA (power of attorney; if any)
- Tax receipts or bills, copy
- Card copy of the property registers
- No objection certificate (NOC)
- A verified copy of the sale deed
- Certificate of completed construction/building plans
- The receipt of stamp duty and registration fees cleared.
Process of land registration
The registration is completed with specified instructions which are as follows:
- Calculate the property value as per the area circle rate.
- Collect non-judicial stamp paper online or through a stamp vendor.
- As per the transaction, it should be printed or typed on stamp paper.
- The parties must prepare the documents required for land registration and reach the Sub-registrar’s office along with one of their witnesses.
- The stamp duty and registration fees must be cleared immediately after providing the documents required for land registration.
- The documents will be verified in the office, a receipt will be given, and the sale deed can be obtained in 2-7 working days.
The registration can be done offline or online as per the requirement and convenience. A professional legal consultation might be helpful to avoid errors in any documents required for land registration.