Legal Guide

Which Land Registration Documents are Essential?

by Bhavya Choudhary · 3 min read

land registration documents

Introduction

  • 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.
  • Every legal provision and norm must be understood thoroughly while handling the land registration documents.
  • 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.
  • 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.
  • 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.

What is the process of Land Registration?

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

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.

Is it mandatory to register a Property?

  • Section 17 Indian Registration Act, 1908 states that the registration of properties is mandatory where the sale value of the immovable property is higher than Rs 100.
  • 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.
  • 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.

Registration fees and stamp duty for registration of hand

  • 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.
  • Necessary cess and surcharge are paid for the registration.
  • The total extra charges can sum up to 6% to 10% of the total property value.
  • Stamp duty is the fee charged by the Government for the registration of land documents, and it varies from state to state in percentage.

Documents required Land Registration.

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

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

Land Registration Benefits

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

  • The registration of land/plot ensures a legal position and authenticity to the document.
  • It helps prevent forgery with property papers, scams, fraud, or illegal transfer of ownership title.
  • The maintenance of public records becomes clear and easy with simple updating options.
  • The land registration documents are allowed to be used publicly for any transfer or transaction.
  • Helps in determining the status of the property and recent purchase and sale.
  • 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.

Can Land Registration be done Online?

  • In some states of India, the land is registered with land registration documents which can be uploaded online and verified with the concerned authority.
  • 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.
  • 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.
  • 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.

Conclusion

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.

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.

Bhavya Choudhary

Written by

Bhavya Choudhary

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