PROPERTY REGISTRATION AND ITS PROCESS Shajeeda Tajdeen BASICS OF LAW Tue, May 11, 2021, at ,10:06 AM Introduction:Thinking of investing in a property or you want to make some money by selling one. Whatever may be the scenario you will have to get an agreement prepared. The agreement prepared for this purpose will completely cover the terms of buying and selling along with the conditions and the date on which the deal was sealed. So no matter what, this agreement should never be underrated. But what next? Once this is duly signed and executed the same needs to be stamped, this entire process together constitutes property registration. In India, registration of documents dealing with the sale and purchase of immovable property has been made mandatory. The law of registration is put down in the Indian Registration Act. Registration of property not only ensures conservation of evidences but it also protects the parties from the risk fraud and cheating. Moreover, it also confirms that there is 100% transparency between the buyer and the seller. Failure to register the sale/purchase agreement of an immovable property can put the parties at huge risk. As per the provisions of law, any document which is mandatorily required to be registered cannot be admitted as evidence in the court of law if the document has not been registered. Thus, registration work has to be done by an expert who is competent enough to pull the entire process with ease. The registration of documents differs based on the transactions such registration of sale deed, settlement deed, gift deed, partition deed, mortgage deed, etc. Depending upon the nature of transaction the stamp duty as well the legal expenses change.Steps involved: Verifying the title of the property and estimating the value of the property as per the current market rate of the respective area. Preparation of stamp papers. Completing the Sale Deed. Paying the registration charges along with the stamp duty Meeting the sub-registrar along with the attorney Submission of documents Verification of sale deed and documents attached Completion of registration process. Online filing of an application form as per the requirements of the Registration ActDocuments required:The online application form shall have to accompanied with the following: Identity proof of the parties to the transaction Passport size photographs of the parties Sale deed duly signed by the claimant Power of attorney is cases where the party is representing someone else Duly signed, stamped and executed document In situations where the party is a company than a letter of authority/power of attorney,shall be accompanied by a copy of a resolution of the board, authorizing the respective person to carry out the transaction Patta transfer application Property card Patta passbook Identity proof of the witnesses. Proof of payment of registration fee and stamp duty.Duration until completion and submission:Property documents are required to be submitted for registration within 4 months of its execution if the execution takes place in India. In situations where the execution takes place abroad then the same shall be submitted for registration within 4 months of the arrival of the documents in India. Normally the process for registration gets completed within 15 days.FAQs:1. What is the amount of registration fee and stamp duty? Stamp duty and registration fees are subject to State laws and they vary from State to State.2. Is it necessary for buyer and seller to be present at the time of registration? Yes, both the buyer and seller are required to be present along with two witnesses at the time of registration. However, if the buyer or seller cannot be physically present their respective representative shall be allowed, if they have been duly appointed.3. What property documents are outside the ambit of registration? Immovable land granted by the government. Property purchased at a public auction from a civil or a revenue officer. The Assets that have been granted under the Charitable Endowments Act,1890.4. Can registration application be rejected by the Sub-Registrar? Yes, the Sub-Registrar can reject the application in the following cases:i. If the Sub-Registrar fails to understand the language of the document.ii. Documents containing blanks, interlineations, blanks, alterations, or erasures.iii. Documents whose description is not sufficient while identifying the same.5. What is the time limit to collect the registration papers from the office of the Sub-Registrar? All the documents pertaining to registration should be claimed within 2 years of registration, failing which the papers might be discarded by the Sub-Registrar.