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Property Registration :

Now that you have purchased your property, it is essential to register your property as per The Registration Act of 1908. The main purpose of the Act is to ensure that the information about the land deals are accurate, current and proper. It also ensures that proper record are being kept for the land.
The Registration Act of 1908 is used for proper record keeping of the immovable properties like land, buildings, apartment blocks and so on. The Act also ensures that the property documents are legitimate and foolproof.

While the Registration Act 1908 provides the law of registration, there are state laws passed by respective states which have been passed that are an addendum to the Registration Act 1908.

Every district in India is provided with a Registrar or Sub-registrar’s office where the property is registered.

Information about Registration – India’s Registration Act 1908.
 

Mandatory Registration :

  • It is mandatory to register every immovable property that you own.
  • The Act provides provision to record will. However it is not mandatory.

Timeline for registration

  • Document should be submitted for registration within 4 months from date of execution.
  • If a document is executed abroad among some of the parties, it can be presented for registration within four months after their arrival in India.

Where the property documents should be registered ?

  • Document relating to immovable property should be registered in the office of Sub-Registrar of sub-district within which the property is situated
  • All persons executing the document or their representatives, assigns or agents holding power of attorney must appear before registering officer in person.
  • All documents must be signed in the presence of Registrar.
  • If document relates to transfer of ownership of immovable property, passport size photograph and finger prints of each buyer and seller of such property shall be affixed to document.
  • The Registrar is required to ensure that these are endorsed on the document.

Registration Process

  • When the Registering Officer is satisfied about identity of persons and if they admit about execution of documents, and after registration fees are paid, the registering officer will register the document and make necessary entries in the Register maintained by their office.
  • After all formalities are completed, the Registering Officer will endorse the document with word ‘Registered’, and sign the same. The endorsement will be copied in Register. The duly registered document is then returned to the person who presented the document for registration.
  • A document takes effect from its date of execution and not from date of registration. However, if the document states that it will be effective from a particular date, it will be effective from that date.

Points to Remember for property Registration

  • Just by purchasing property from the builder or developer does not make you the owner. Your immovable property needs to be registered in the district sub-registrar’s office. Once it is registered, then only do you become the lawful owner of the property.
  • You must register documents relating to transfer, sale, lease or other forms of property disposal. It is mandatory to do so under section 17 of the Registration Act 1908.
  • Registering immovable property involves paying fees and charges for the sale deed and recording it legally at the sub-registrar’s office.
  • Registering property which is purchased from developer is beneficial to all the involved parties.
  • The registration process in all the states is now computerised o maintain a proper record. Your finger prints and photographs are taken while the registration takes place.
  • The documents required for registration differ from the type of property and type of deal; whether primary, secondary and so on. If you have a loan on the property, the registration documents might be required in the format of the particular bank or finance company.
  • Seeking advice from a lawyer makes sense as they would ensure a proper transaction.
  • The cost of registration might vary from state to state. Usually the registration fees are anything between 3%-6% of the transaction amount(property price).
 
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