In India, when purchasing a property, one must complete the property registration process with the relevant authority. This is essential to document the change of ownership in government records. Property registration is done at the sub-registrar’s office and both the buyer and the seller should be present during the procedure. However, there may be scenarios where the seller is not present during the process. In such cases, a General Power of Attorney (GPA) plays a crucial role.
Property registration under RERA
According to RERA, property registration is mandatory, which involves recording the ownership transfer and other relevant details at the sub-registrar’s office. Property registration safeguards buyer’s confidence in property investments.
Documents required for property registration:
- Stamp duty
- Sale deed
- Aadhar card
- PAN card
- Record of Right (RoR)
- Encumbrance certificate
- Power of attorney
- Registration certificate
- Construction completion certificate
Role of Power of Attorney (PoA) in property registration after purchase
A Power of Attorney (PoA) is a legal document that authorises an individual or an organisation to manage another person’s finances or assets. A PoA is crucial in flat registrations as it gives an individual the legal power to act on behalf of another person in property transactions.
The grantor of the PoA delegates the authority to another person (attorney-in-fact) who is responsible for signing documents, completing formalities and executing the property registration process. This legal mechanism of granting a PoA ensures seamless property transactions, especially when the seller is not physically present during the property registration procedure.
Can you register a property without the seller?
A buyer can register a property without the seller’s physical presence in the sub-registrar’s office. However, this involves a General Power of Attorney or nominee registration. With a PoA, an authorised representative can complete the property registration process on behalf of the seller. The rules for property registration after purchase may vary from one state to another. Thus, one can approach a property lawyer to understand the process.
What happens if you do not register the property after purchase?
A property document must be registered to give it legal validity. Failing to register a purchase agreement of a property can pose challenges in proving ownership. Unregistered properties lack legal validity and the buyer could face potential loss of the property, even if they are in possession. In case of government acquisition of the land or property for infrastructure development, the owner would be unable to claim compensation if it is unregistered.
Housing.com News Viewpoint
Property registration after purchase is mandatory in India as it gives legal validity to property ownership of the individual. The procedures may differ based on the state. Buyers must be aware of the procedure and the importance of PoA. For this, one can approach a legal professional to gain more information.
FAQs
Should the seller be present at the time of registration?
Should the seller be present at the time of registration?
Is the buyer required to be personally present at the time of registration?
Yes, the buyer should be personally present at the time of registration. However, they can issue a PoA to authorise someone to complete the property registration on their behalf.
Can you sell a property without the original sale deed?
A property can be sold without the original sale deed. For this, one needs to get a notary-certified copy of the sale deed.
Is the seller required to be personally present at the time of registration in Maharashtra?
In Maharashtra, the seller’s physical presence is not required during property registration. Their representative can register with a PoA.
What happens if the property is not registered?
Under the RERA Act, a property will not have legal validity if it is not registered.
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