Why is property registration done?
Property registration refers to the recording of the property document details in the Registrar’s office and preserving the original documents with the Registering officer. To ensure conservation of the evidence, assurance of title, publicity of documents and prevention of fraud, some documents are obligatorily registered. It is very important that each document has to be presented at the registrar office by the concerned person itself or the authorized person followed by a witness and the implied registration fee. The properties are registered as per the concerned Act.
Property registration in Delhi:
The Delhi property registration is done based on the Indian Registration Act of 1908, with documents required to be submitted as per Section 17 of this Act. The Delhi property registration ensures the ownership rights of the concerned property owner. To have a hassle-free property registration, it is important to have a real estate attorney brief you about the details, the legal formalities and the documentation procedures. The Delhi property registration is done at the Sub registrar offices with complete record details of even the former registered properties in Delhi.
What are the property documents to be registered?
This will have a stamp duty and transfer duty of about 4 per cent for women and 6 perc ent for men. The registration of the Sale deed will be one per cent of the total value of Sale Deed along with Rs. 100 as pasting charge through a Bank Pay order. It is important that both the vendor and the vendee should be present along with all the identification documents such as the Passport, Epic Card, Driving License and Pan Card. There should also be two witnesses at the time of registration.
There is no stamp duty for the registration of a Will and the registration fee is Rs. 600. Similarly, the testator should have two witnesses at the time of the registration.
A stamp duty of about 6 percent will be implied for the conversion of the lease hold property to free hold property for men and 4 percent duty for women through the Collector of Stamps/SDM. The registration fee would be one per cent of the total value of the Conveyance Deed along with Rs. 100 as pasting charges. These should be deposited at the Sub-Registrar office at the time of registration.
The gifted property should be valued by an approved valuer. It will hold a stamp duty and transfer duty of about 4 per cent for women and 6 per cent for men with a registration fee of about one per cent of the total value along with Rs. 100 as pasting charges. In case the registration fee is more than Rs. 500, it will be accepted by demand draft/pay order.
A stamp duty of Re. 1 will be imposed for every one thousand rupees. The value of the shares should be paid at the office of Collector of Stamps/SDM.
The Delhi property registration documents should be applied at the SR Office of the concerned district. Follow the link to find your district. http://www.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/services/find+your+locality
However, the response for the application will be reverted back within 15 days.
What is the procedure for Delhi property registration? (For a sale deed)
The property owner should give complete details of the property location, clearance certificate from urban land ceiling authorities, date of purchase of the title, legal ownership document, property transfer and inheritance issues, payment of all dues (property taxes, electricity and water bills or former alterations in the property registration).
The next step would be to legally draft agreement made on stamp papers along with an advance payment to the vendor. A time period has to be mentioned for the registration.
On behalf of the buyer, the property document will be prepared by a property registration attorney. The final deed will be printed out in the legal papers along with the stamp duty certificate. A payment of registration fee of about one per cent of the property value will be done.
For the final registration of the document, the property registry or the house registry is stamped, executed and registered at the Sub-Registrar’s office with the approval of the seller, buyer and two witnesses. An appropriate amount of stamp duty based on the circle rate and the value of the property will be implied.
The completed property document will then be presented before the Sub-Registrar for scrutiny. A payment of one percent of the transaction value along with the documents will also be presented. With the seller handing over the property to the buyer, the documents also will be handed over to the buyer within 30 minutes of submission of the payment receipt.
For mutation of the title of the property, the buyer is required to apply to the local municipal authority to get the title for the mutated property with his name. A letter of mutation will be issued by the Municipal Authority in favor of the purchaser along with assigning the property tax based on the property value.
Registration of property online in Delhi:
The Delhi Government announced the registration of property online on July 2, 2012. This facility of e-property registration will be available in the sub-registrar office in Mehrauli with 12 other places having the same facility. This step by the Delhi Government was taken to plug revenue leakages, ensure transparency and offer people hassle-free services.
This system will help people get their properties registered on the same day of filing the application. The system is highly secured with proper audit trail and cross verification of transaction. E-property registration eliminates the role of middleman for the property registration.
To file a property online, an applicant has to have a pre-fixed appointment online or over the phone to get a unique appointment number, date and time and approach the Sub-Registrar’s office. However, the appointed can be sought online through the website of the revenue department. Thereby, the applicant will receive the registered documents on the same day. Similarly, the applicant will be informed about his/her document rejection on the same day. There are also various counters which will guide the applicants in every step.
There are about 32 different kinds of property documents registered at the sub-registrar office. However, the state revenue department’s website will have the details about the individual’s registration processes along with forms, standard letter formats and the details about the complete document set. Other details about the stamp duty in individual registration categories along with an online calculator will also be available on the site. The applicant can purchase the e-stamp paper once the stamp duty is calculated. With the initiation of the e-stamp paper, the paper stamps have become redundant..
A person with a pre-fixed appointment will be guided at the reception of the Sub Registrar’s office. People at the reception will verify the person’s names and connect him/her to direct representatives. The applicant will have to enter with an electronic access card followed by a verification of his documents and identity. Only if the person clears this stage, will he be able to appear in front of the Sub-Registrar.
Currently, the system approves only the accepted and approved registry documents and does not include other categories like rejected or impounding ones. The e-registry process makes it mandatory for the officials to approve or reject the applicant instantly, on the same day. The applicant will get his registry documents on the same day between 4pm-6pm.
– An applicant has to log onto the state revenue department’s website and download the form. The stamp duty that has to be paid can be calculated with the help of the online calculator following which the applicant can buy an e-stamp paper.
– The applicant should then fix an appointment over the phone or online at the e-registrar’s office on a specific date and time.
– Once the appointment is fixed, the applicant will have to enter the office with an electronic access card followed by verification of his documents and identity.
– Once the documents are verified, the applicant will be guided directly to the concerned person.