Property registration details of Bihar: All you need to know

As most states have now made it possible to register property online, buyers, including those in the state of Bihar, can avail of this facility to register their newly-purchased immovable assets, including flats and land. Buyers in Bihar can complete this process by visiting the biharregd.bihar.gov.in/ portal.

However, for the biometric check, the buyer, along with the seller and two witnesses, have to make an appearance at the office of the sub-registrar concerned, after making an online appointment. At the appointed time, the buyer and the seller must appear at the sub-registrar’s office, along with two witnesses, who must also carry their identity and address proofs.

 

Property registration in Bihar

As with real estate transactions anywhere in India, property buyers in Bihar have to get the title registered with the sub-registrar’s office, as per the provisions of the Registration Act, 1908. Additionally, buyers have to abide by the rules provided under the Bihar Registration Rules, 2008. Under the existing laws Bihar property and land registration process must be completed within four months, from the date on which the transaction took place.

Ownership type	Stamp duty	Registration fee
Male	6.30%	2.10%
Female	5.70%	1.90%
Joint (Male+Male)	6.30%	2%
Joint (Female+Female)	5.70%	2%
Transfer from Male to Female	5.70%	1.90%
Transfer from Female to Male	6.30%	2.10%
Others	6%	2%

In spite of several calls from the centre and the union Housing Ministry, most states have not announced any reduction in the stamp duty and registration charges on property purchases after the Coronavirus crisis. Only a handful of states like Maharashtra, Karnataka and Madhya Pradesh, have announced reductions in these duties, to encourage buyers to invest in properties, to support economic activity. Even though Bihar charges a comparatively high rate of stamp duty and registration charges, it has not announced any reduction in these duties, so far.

In the standard scenario, the buyer will pay Rs 3 lakhs (at 6%) as stamp duty and Rs 1 lakh as the registration charge, for a property worth Rs 50 lakhs.

Chapter 2 of the Bihar Registration Act says that the registration of the documents has to be done through a computerised process, using software prescribed by the Department of Registration. Discussed below is the detailed procedure that buyers in Bihar should follow, to register their home and land purchases.

See also: All about Bihar bhumi naksha

 

How to check Minimum Value Register (MVR) rate in Bihar?

In Bihar, one can evaluate the cost of a piece of land or plot, using the minimum value register (MVR) tool. Here is how to check the MVR on the Bhumijankari website:

On the homepage, click on the ‘View MVR’ option.

 

 

Once you select the district, circle and local body name, you will be able to view the valuation, as shown in the image below.

 

Also read about property registration in Delhi

 

Documents required for property/land registration in Bihar

• A copy of the sale agreement.
• Map of the plot.
• Copies of the identity proofs of the buyers and the sellers.
• Copies of the PAN cards of the buyers and the sellers.
• Copy of the challan of stamp duty payment.
• Passport-sized photos of both parties.
• No Objection Certificate (NOC) – Required if applicable.

How to prepare registration documents in Bihar

A variety of documents have to be submitted by the buyer and the seller, to the registration department Bihar at the time of property registration. While collecting these documents, you should ensure that the documents are prepared either on stamp paper or on plain A-4 size paper of the standard of royal executive bond paper. All enclosed maps and plans should be on A-4 size bond paper.

See also: How to pay land tax online in Bihar?

 

Step-wise guide to register land/property in Bihar

Here is a step-by-step guide to property registration in the state of Bihar:

Step 1: Visit the official portal of the department of registration www.biharregd.gov.in. On the page that appears, click on the ‘E-services for Registration’ option.

 

 

Step 2: On the following page, select from among the many options that appear. Buyers who want to register their flats or apartments, have to select the ‘Land/property registration’ option.

 

 

Step 3: On the following page, while registered users can key in their email ID/mobile number, password and captcha and ‘Log In’ to process, new users will have to click on the ‘New Registration’ option.

 

 

 

Step 4: Once the user provides all the details, they will receive an OTP on their mobile/email ID that has to be used to activate the account.

Step 5: A registered user has to then key in the property details and submit all the property-related documents to proceed. Once you have uploaded all the documents, press the ‘Save’ button.

Step 6: Once the scanned copies of your documents are saved, you will be directed to a page that would provide you the option to ‘Pay now’. To carry on with the online payment, select the payment mode and click on the ‘online payment’ button.

Step 7: After the payment has been successful, the applicant will be provided with the eStamp. A registration number and an acknowledgement slip will be generated. A time slot will also be booked for the buyer to visit the sub-registrar’s office in person, along with the seller and two witnesses, to complete the process.

Delays in appointment slots at SROs

In busy urban areas like Patna, buyers often encounter unavailability of time slots for biometric verification at Sub-Registrar Offices (SROs). This can delay the property registration process, especially when nearing the 4-month legal deadline as per the Registration Act, 1908. To avoid this:

• Book your time slot well in advance, preferably during the document preparation phase.

• Check the slot availability daily, as new slots may open due to cancellations.

• If no slots are available close to your deadline, raise a request on the RTPS Bihar grievance portal with your acknowledgement slip and transaction ID.

• Maintain email/SMS proof of your slot booking attempts in case a penalty waiver is needed.

Step 8: All parties involved have to visit the sub-registrar’s office at the appointed time slot, along with all the property-related documents and address and identity proofs. The official in-charge will examine all the papers, following which the signatures, photographs and fingerprints of the buyer, the seller and the witnesses will be collected. With this, the process of property registration will conclude.

 

What happens if you miss the 4-month registration deadline?

Under Section 25 of the Registration Act, 1908, property documents must be registered within four months from the date of execution. Failing to do so can lead to penalties unless the delay is condoned by the Registrar.

• Penalty: A fine of up to 10 times the registration fee may be imposed for delays.

• Condonation process: Buyers must submit an application to the Sub-Registrar explaining the cause of delay and request permission for late registration.

• Documentation needed: The executed deed, ID proofs, and an affidavit stating reasons for delay.

• Important note: Registration beyond 8 months is possible only under exceptional circumstances, with special permission from the District Registrar.

 

Steps for common corrections in registered documents

In Bihar, property owners may encounter errors in their registered documents, such as typographical mistakes or incorrect personal details. To address these issues, the state provides structured procedures to ensure that property records are accurate and legally sound.

1. Rectification deed

A Rectification Deed, also known as a Correction Deed, is a legal instrument used to amend minor errors in previously executed property documents. These errors might include spelling, incorrect property descriptions, or clerical inaccuracies.

Steps to execute a rectification deed:

• Mutual agreement: All parties involved in the original deed must mutually agree to the corrections.
• Drafting the deed: Prepare the rectification deed, clearly specifying the errors and the intended corrections.
• Stamp duty payment: Pay the applicable stamp duty, which is typically nominal for minor corrections.
• Registration: Present the rectification deed at the local Subcontractor’s office where the original document was registered. Both parties should be present to sign the deed in the presence of the registering authority.

It’s important to note that a rectification deed is suitable for minor, unintentional errors. Significant changes affecting the rights of the parties may require a more comprehensive legal approach.

 

2. Parimarjan plus portal

For errors in digitised Jamabandi (land records), the Bihar government has introduced the Parimarjan Plus Portal. This online platform allows landowners to efficiently apply for corrections in their land records.

 

Procedure to correct land records via Parimarjan Plus:

• Access the portal: Visit the official Parimarjan Plus Portal.
• Application submission: Fill out the online application form, providing accurate details of the required corrections.
• Document upload: Attach necessary documents, such as proof of ownership, identity proof, and any supporting evidence of the correct information.
• Application tracking: After submission, you will receive an acknowledgement number to track the status of your application through the portal.

This digital initiative streamlines the correction process, reducing the need for multiple visits to government offices and enhancing transparency.

 

3. Mutation process (Dakhil Kharij):

If the correction pertains to ownership details due to recent property transactions, initiating a mutation process may be necessary. Mutation updates the land revenue records to reflect the new owner’s name.

Steps for mutation:

• Application: Submit a mutation application to the local Circle Office or through the Bihar Bhumi Portal.
• Documentation: Provide the registered sale deed, identity proof, and recent property tax receipts.
• Verification: The Circle Officer will verify the documents and may conduct a field inspection.
• Approval: Upon satisfactory verification, the mutation will be approved, and records will be updated accordingly.

The timely mutation is crucial for establishing legal ownership and ensuring the accuracy of land records.

 

Return of the registered documents

According to the Bihar Registration Rules, 2008, the sub-registrar’s office must return the registered documents right after the process has been completed.

Check out properties for sale in Patna

Obtaining an encumbrance certificate in Bihar

Before finalizing a property purchase in Bihar, obtaining an Encumbrance Certificate (EC) is essential. This document verifies that the property has a clear title and is free from legal or financial liabilities, such as mortgages, loans, or disputes. Securing an EC ensures you’re making a sound investment without unforeseen complications.

 

Importance of Obtaining an Encumbrance Certificate

• Legal Assurance: An EC confirms that the property’s title is clear, indicating no existing legal claims or disputes.
• Financial Security: It ensures no outstanding debts or mortgages against the property, protecting you from potential financial liabilities.
• Loan Processing: Financial institutions often require an EC before approving loans against property to verify its unencumbered status.
• Facilitates Smooth Transactions: Having an EC simplifies the buying process, providing confidence to both parties about the property’s status.

How to obtain an encumbrance certificate in Bihar

The Bihar government offers both online and offline methods to obtain an EC:

Online method

1. Visit the Bhumijankari Portal: Access the official Bihar Land Registration portal at Bhumijankari.
2. Register/Login: Register using your mobile number and email ID if you’re a new user. Existing users can log in with their credentials.
3. Navigate to ‘e-Services’: Select the ‘Encumbrance Certificate’ option from the e-Services menu.
4. Fill in Property Details: Enter the required information such as registration office, circle name, Mauza/Thana number, and specify whether the area is rural or urban.
5. Submit Application: After filling in the details, apply.
6. Pay Applicable Fees: Proceed to the payment gateway to pay the requisite fee, which varies based on the period for which the EC is sought.
7. Download the Certificate: Upon processing, you’ll receive a notification. Log in to your account to download the EC.

Offline method

1. Visit the Sub-Registrar’s Office: Go to the local Sub-Registrar Office where the property is registered.
2. Obtain the Application Form: Request the EC application form from the office.
3. Fill in the Details: Provide accurate property details and the period for which the EC is required.
4. Attach Necessary Documents: Include copies of proof of property ownership, identity proof, and any other required documents.
5. Pay the Fees: Apply along with the applicable fee.
6. Processing: The office will process your request and issue the EC upon verification.

 

Documents required for EC application

• Property Ownership Proof: Sale deed or any relevant document.
• Identity Proof: Aadhaar card, PAN card, or passport.
• Address Proof: Utility bill, ration card, or any valid document.
• Application Form: Duly filled with accurate details.
• Purpose of EC: A statement indicating the reason for obtaining the EC.
• Period for EC: Specify the duration for which the EC is required.

 

Fees and processing time

The fee for obtaining an EC in Bihar varies based on the number of years it covers. As of 2021, the fees range between ₹250 and ₹1,000, with higher fees for periods extending beyond 10 years. The processing time typically ranges from 15 to 30 days, depending on the method of application and the specific Sub-Registrar’s Office.

 

Tracking the application status

Applicants can track the status of their EC application through the Bihar RTPS portal. You can view the current status and receive updates by entering the application number.

 

Resolving issues during property registration in Bihar

If buyers in Bihar encounter issues during the property registration process, such as incorrect stamp duty calculations or delays in document issuance, they have several avenues for resolution:

Contact the Department of Registration: Reach out directly to the Department of Registration, Government of Bihar, to address concerns related to stamp duty calculations or document processing delays. Key contacts include:

• Shri Vinod Singh Gunjiyal, IAS (Secretary)
  • Phone: 0612-2215626
  • Email: secy-reg-bih@nic.in
• Shri Rajnish Kumar Singh, IAS (Excise Commissioner cum Inspector General of Registration)
  • Phone: 0612-2215664
  • Email: excise-bih@nic.in

Utilize the Bihar Public Grievance Redressal System: This system allows citizens to file complaints online regarding issues faced during the registration process. To lodge a grievance:

• Visit the official portal: https://lokshikayat.bihar.gov.in/DefaultEn.aspx
• Register or log in to file a new complaint.
• Provide detailed information about the issue and submit any supporting documents.
• After submission, you’ll receive an acknowledgment with a registration ID to track your complaint.

Call the Toll-Free Helpline: For immediate assistance or to inquire about the status of a grievance, contact the toll-free number 1800 345 6284, available daily from 9:00 AM to 6:30 PM.

 

File an Appeal if Necessary: If the initial grievance resolution is unsatisfactory, you can file a first or second appeal through the same grievance portal. This ensures that your concerns are escalated to higher authorities for further review.

 

Mutation of property (Dakhil Kharij)

Mutation refers to the process of updating land records to reflect the change in ownership after a property transaction. This step is crucial as it ensures that the new owner’s name is officially recorded in the revenue records, enabling them to pay property taxes and assert legal ownership.

 

Procedure for mutation

Application Submission: After completing the property registration, the new owner must apply for mutation at the local Circle Office or through the Bihar Bhumi Portal.

Required Documents:

• Registered sale deed
• Application form for mutation
• Affidavit on stamp paper
• Identity proof of the applicant
• Latest property tax receipts
• No Objection Certificate (NOC) from the concerned authority (if applicable)

Verification and Approval: The Circle Officer will verify the documents and may conduct a field inspection. Upon satisfaction, the mutation will be approved, and the land records will be updated accordingly.

Fees: A nominal fee for the mutation process varies based on the property type and location.

It’s important to note that while property registration legally transfers ownership, mutation is necessary for updating revenue records and ensuring the new owner can exercise all rights associated with the property.

 

Who needs to apply for mutation?

Individuals who acquire property through sale, inheritance, gift, or other legal means must apply for mutation. This includes buyers of agricultural and non-agricultural lands and residential properties. The timely mutation is essential to reflect the change in ownership in official records.

 

Consequences of not completing mutation

Failing to complete the mutation process can lead to several complications:

• Legal ownership issues: Without mutation, the previous owner’s name remains in the official records, potentially leading to disputes over property rights.
• Difficulty in selling the property: Prospective buyers often verify mutation records to ensure clear ownership. An unmutated property may deter buyers or complicate the sale process.
• Challenges in accessing utilities and loans: Mutation records are often required when applying for water and electricity connections or seeking loans against the property. The absence of updated records can hinder these processes.

Impact on legal ownership

While a registered sale deed is primary evidence of ownership, mutation serves as public notice of the change in ownership and is essential for updating government records. It plays a significant role in establishing the new owner’s legal rights and responsibilities concerning the property.

 

Housing.com POV

FAQs

What is the stamp duty on property registration in Patna?

Buyers have to pay 6% of the property’s value as stamp duty in Patna.

How much registration charge do buyers have to pay on property purchase in Bihar?

Buyers have to pay 2% of the property’s value as registration charge in Bihar.

Can I register my property online in Bihar?

Buyers can partially complete the property registration process online in Bihar. To complete the process, they will eventually have to make a physical appearance at the sub-registrar’s office.