Finding a perfect property that suits your needs is one task and it’s registration is the next. Under Section 17 of the Indian Registration Act, 1908, to become a lawful owner of your house it is compulsory to register documents in relation to transfer, sale or lease of a property. If, however, the required documents are not duly registered, the law neither recognizes the unregistered owners nor provides them any right over the property. Let us go point wise in order to understand the process and make it hassle-free.
1. Verification of Title Deed: The prospective owner of the property should verify that the title deed is registered in the name of the person who is selling the property and all the documents are in place for the registration of the same. This also allows the buyer to check whether all dues relating to electricity, taxes, water bills etc. have been fully paid or not.
2. Assessment of Property Value: The prospective owner of the property must assess its value by local circle rate, housing market conditions etc.
3. Prepare Stamp Papers: Don’t be confused as in India each state has their own stamp duty rate which is calculated by the circle rates or the actual price paid, whichever is higher. Post that, the prospective owner of the property needs to buy non-judicial stamp papers of the same value to move ahead.
4. Prepare Sale Deed: For this, the various details of the transaction need to be typed and mentioned on the stamp papers.
5. Pay Stamp Duty: Moving ahead, the prospective owner of the property needs to collect a receipt along with the first page of the sale deed that is issued with the printed words “stamp duty received”.
6. Execution of Deed at the Sub Registrar’s Office: The next step is to get the receipt issued. For this, both the prospective buyer and the seller along with two witnesses need to approach the Sub-Registrar’s office under whose jurisdiction the property falls and a receipt is issued on the registration of the sale deed.
7. Document Submission: After getting the receipt, take the documentation to the Reader of the Sub Registrar of assurances who will scrutinise the same and indicate the registration fee involved which is usually the lower of 1% of the transaction value or Rs. 30,000, whichever is less. Upon presenting the documents in front of the Sub Registrar, the registration fee needs to be deposited against a receipt.
8. Transfer of Possession: Finally, the physical possession or keys of the property are handed over to the potential buyer to complete the process.
9. Mutation of Title Deed: Here, the title of ownership of a property is transferred to the buyer.
After all this, the property is recorded in the new owner’s name in the Land Revenue Department. However, the new owner officially owns the property only after getting the letter of mutation.