Land or Property Registration refers to the registration to document changes in ownership and transactions involving immovable property. Whenever you buy a piece of land/immovable property, you need to register the same with the authority concerned, so that a legal ownership title is guaranteed to you. This greatly reduces risk of fraud and helps solve disputes easily, in addition to creating and maintaining an up-to-date public record.
At the sub registrar office one has to carry the required encumbrances:
Go to respective sub registrar office as per the mentioned year of birth. Separate for those born before and after 1985.
First locate your property at the registry and revenue office.
Make sure you carry all mentioned below:
- “Patta”/legal ownership document, in the owner’s name, issued by the Revenue Department under the Seal of the Tahsildar; ·
- Encumbrance Certificate (EC) for the preceding 31 years (preferably) shows no mortgage or other encumbrance as still existing on the date of purchase ·
- The property is transferable and heritable, at the revenue and ULC dept; ·
- The transferor is competent and/or authorized to transfer the property;
- The transferee is qualified to be a transferee.
- The object or consideration for the transfer is lawful. Also, all papers with regard to payment of taxes, electricity bills, and water bills must be checked.
Note: Information on electricity- and water-bill status is not available at the Sub registrar’s Office. The buyer must check receipts from the seller and confirm whether up-to-date water and electricity bills have been paid. All the records in the Sub registrar’s Office are computerized and most of the records are public documents. Anyone wishing to search the records must first apply to the registrar, who then issues the non-encumbrance certificate. The process takes 3 days to complete charging up to Rs.3, 750
- The final sale deed should be prepared by the lawyer of the buyer within 2 days for a charge of Rs 7000/-
- Pay the stamp duty and other fees at the bank (State).
Note: The present applicable stamp duty rates are as follows: All municipal corporations: 9.5% of the property value = 7% for stamp duty + 2% for transfer fee + 0.5% for registration fee; Special and selection-grade municipalities: 9.5% of the property value = 7% for stamp duty + 2% for transfer fee + 0.5% for registration fee; Other places: 9.5% of the property value = 6% for stamp duty + 3% for transfer fee + 0.5% for registration fee.
Documents to be submitted to Sub Registrar
All these documents must be submitted along with two witnesses at the state subregistrar’s office.
Carry along the signatories of the seller and buyer.
This along with certain requirements need to be carried:
- Document required to be registered (in duplicate);
- Four passport-sized photographs of the authorized signatories of both parties;
- Photo identification of each party and witnesses (i.e., a voters’ identity card, passport, or identity card issued by the government of India, semi-government and autonomous bodies, or identification by a Gazette Officer);
- Certified true copy of the Resolution of the Board of Directors’ of both seller and buyer and the power of attorney in favour of the person executing the sale deed;
- Certified true copies of the Certificate of Incorporation of both seller and buyer;
- Photograph of the property concerned
- Approach route map to the concerned property from the nearest landmark/main road;
- Notarized affidavits from both parties to attest that the transaction respects the terms of the ULC act;
- Latest receipt to show payment of municipal tax to Municipal authorities. The documents are submitted to the reader of the Sub registrar of Assurances for scrutiny.
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After scrutiny, the reader indicates the stamp duty and registration fee required—9% and 0.5%, respectively, of the transaction value—on the document itself. The stamp duty and registration fee are to be deposited with the concerned bank against a receipt.
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After depositing the stamp duty and fees, the documents must be presented to the Subregistrar by the parties in accordance with Section 32 of the Registration Act (1908) along with the bank receipt or challan.
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In practice, the seller hands over physical possession of the property to the buyer when the deed is presented for registration.
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Thereafter, endorsements are made on the document under Sections 52, 58, and 60 of the Registration Act after completion of procedures at the Subregistrar’s Office.
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The document is copied into the registry, copies of the document are pasted onto 2 indexes, one titled “name and property,” the other titled “accounts and reports.”
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The document is delivered upon presentation of the receipt issued by the cashier. Since land records have been computerized from 1980 onward, the registered document is returned the same day.
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It is general practice to go to the Subregistrar’s Office in advance in order to calculate the stamp duty and registration fees payable so that payments can be arranged accordingly and delays/disputes can be avoided on the day of the registration.
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Apply to the Circle Revenue Office for mutation of the property title (State)
Note: The authorized signatory must submit the duly signed application along with an affidavit, indemnity bond, and a certified/notarized copy of the registered title deed. After assessment of the request for mutation, the Hyderabad Revenue Department settles the value of the property tax to be levied and issues a letter of mutation in favor of the buyer certifying that the property has been mutated under the buyer’s name. Records at the Revenue Department have been computerized.
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