Table of Contents
- What is property registry?
- Is property registration compulsory?
- Online property registration
- Register property online
- Documents and information required
- Documents required for sub-registrar’s office
- Other tips to follow when registering land and property online
- Laws applicable on property registration
- Problems in online land/property registration in India
To cut down on the hassles that used to be an integral part of the property registration process in India, state governments in the country, under the centre’s ‘Digital India’ initiative, have launched programmes to offer online property registration to citizens. This means, you do not have to make multiple visits to various government offices and wait in long queues anymore, in order to get your property registered. A large part of the property registration task can be completed, using online mediums.
Before we move on, to understand the procedure for online property registration, we must briefly discuss why property registration is a must.
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What is property registry?
Property registry is that legal process under which documents related to property are registered with the local authorities under Section 17 of the Registration Act, 1908.
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Is property registration compulsory?
Registering your newly purchased property in your name is not a choice; all buyers are legally obliged to register their property under Section 17 of the Registration Act, 1908. As part of the process, home buyers or property owners have to pay a certain portion of the deal value as stamp duty to their respective state governments, along with a 1% registration charge.
In a majority of states, buyers have to visit the sub-registrar’s office to register their properties, some states have launched services to help landlords register their properties online with an aim to offer hassle-free and time-bound services. Flats as well as plots could be registered using these online facilities.
It begs mention here that avoiding property registration to save money, may prove to be a costly, as well as risky proposition. In the absence of its registration under the owner’s name in the government’s records, the owner may find it impossible to prove his ownership over the asset in case of any future dispute.
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Online property registration
At the very start, it would be pertinent to mention that only part of the property registration process can be completed online. This means, you could use the official portal of the state concerned, to key-in data and information about the buyer, seller and the property. You will also be able to pay the stamp duty and registration charges online. However, in all states, you will have to eventually book an appointment and visit the sub-registrar’s office, to complete the registration formalities.
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Register property online
If you live in a state that offer online property registration services, here a certain facts you need to be aware of:
Only certain parts of the process can be completed online: Do note here that only a certain part of the property registration process can be completed online even if you state offer online property registration facilities.
- You can find out the circle rate in the area to decide the total value of your property.
- You can calculate the stamp duty and registration charge amount.
- You can pay stamp duty and registration charge online and get a receipt for the same.
- You will then have to make an appointment, and visit the sub-registrar’s office at the appointed hour for the final property registration.
The payment must be paid online: An appointment for property registration can be booked only after you have paid the required stamp duty and registration charges online. The payment has to be done using your debit card, credit card or net-banking. Note that while most states take the payment online, buyers may be allowed to make payments through cheque or cash in some rural areas of these states.
TDS had to be paid online: In case the deal value exceeds Rs 50 lakhs, the buyer will have to pay 1% TDS on the property value online, and get a print out of the receipt. This paper would be needed at the time of physical verification.
Your mobile holds the key: As you proceed with the online process, you mobile number will hold the key to its completion. Not only would you get on SMSs one-time passwords (OTP) during the course of registration, a message would also be sent with regard to your appointment, and process completion.
Documents and information required
You only have to buy e-stamp papers and make online payment of for the stamp duty and registration charge. All the documents have to be presented in front of the sub-registrar for verification.
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Information you will have to provide online for property registration
Here are some details you will need to fill in while registering property online:
- Property description: Number, area, pin code, etc.
- Property type: Flat, plot, agricultural, etc.
- Mode of ownership: Purchase, gift, lease, etc.
- Owner’s personal details: Name, age, occupation, parent’s name, etc.
- Proof of property: Title deed, power of attorney
Documents required for sub-registrar’s office
*Duly prepared sale deal on non-judicial stamp worth the deal value.
*Two passport size photographs on both copies of documents (seller and purchaser).
*E-stamp paper with correct value of stamp duty.
*E-Registration fee receipt of registration fee with undertaking.
*Copy of PAN card.
*Original ID proof of all parties (seller, purchaser and witness).
*Receipt of TDS if property is worth more than Rs 50 lakh.
* In case of land as well as house property, the buyer has to present documented history of ownership transfers.
When will I get the registered property document back?
It takes nearly two weeks days for your property documents to get registered. You will have to visit the sub-registrar’s office to get your documents back.
Other tips to follow when registering land and property online
Even though a large part of the property registration work can be completed online using the official portals of the authorities concerned, for the final signing and bio-metric verification, all parties involved in the transaction have to make an appearance at the sub-registrar’s office. For this, one has to book a slot online, to complete this formality.
At this juncture it would also be important to mention that one should try to complete the online registration process only under the guidance of an eligible lawyer, along with your property broker. Never seek the assistance of any third-party while attempting to complete the process.
As is true of most transactions, you will have to take two witnesses along with you, to get the formalities completed. These witnesses must carry with themselves the originals and photocopies of their identity and address proofs.
Many states have set up portals to facilitate online property registrations. These portals provide information on model deeds, stamp duty rates and enable parties to initiate the registration process. However, to complete the registration of the property, one has to physically visit the sub-registrar’s office.
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Laws applicable on property registration
Registration Act, 1908: Section 17 of the Registration Act, 1908, states that all transactions that involve the sale of an immovable property for a value exceeding Rs 100 must be registered.
Indian Stamp Act, 1889: The Indian Stamp Act, 1889, obligates buyers to pay stamp duty on the registration of documents. The law acts as a monetary legislation.
Problems in online land/property registration in India
Slow speed of work: In most cases, the web interface works painfully slow. This often means you have to keep waiting for long periods for the forms to receive information and upload them. Crashing of the page is also a likely scenario.
Glitches in websites: At times, the official websites develop technical glitches and stop working temporarily, causing a great deal of inconvenience to users.
Physical approach is a must: A large part of the process has to be completed offline, in spite of the fact that most states have moved to online registration of land and property.
Is property registration a must?
All buyers are legally obliged to register their property under Section 17 of the Registration Act, 1908.
What is property registration charge in India?
In almost all states, 1% of the deal value is paid as property registration fee.