In India all the documents of immoveable properties are compulsory registerable under the Indian Registration Act 1908 and each state has got separate registration fee for registering the document.
A document for purpose of registration has to be prepared by a competent Lawyer who well acquainted with the legal terminology, and the said lawyer has to prepare the document for registration by perusing the link documents, title, revenue records etc., for registration before the concerned Registrar on a sufficient stamp paper as per the value of the property being transferred subject to the registration value on each state. Thre are different types of documents to be registered based on the nature of transaction. It may be Sale Deed, Partition Deed, Gift Deed, Exchange Deed, Settlement Deed, Assignment Deed, Release Deed, Mortgage Deed, Lease Deed, License Deed etc. Each document has different stamp duty a part from legal expenses.
The person who registering the document has to present before the concerned Registrar/Sub-Registrar who is having jurisdiction to register the instrument along with Identity Proofs. The person who is registering the document can also execute a registered Special Power of Attorney to execute the document on his behalf. The person who is registering can also give registered General Power of Attorney to register the document on his behalf. The person who is registering the document or intend to registering the document has to pay the stamp duty payable to the Government and also registration fee.
After legal verification on the basis of the link documents the Deed may be drafted with the help of a competent attorney. Thereafter stamp paper for sufficient value with respect to the value of the property to be purchased from the government stamp vendor or official stamp vendor and should be purchaser Ie in the vendor or vendee or purchaser, assignee or assignor, mortgagor or mortgagee, lesser or lessee and first party or second party
The Sale Deed, Partition Deed, Gift Deed, Exchange Deed, Settlement Deed, Assignment Deed, Release Deed, Mortgage Deed, Lease Deed, License Deed etc, in original along with all the required documents and forms to be presented before the Sub-Registrar. This will be done at attorney's office.
Before registering the document it is necessary to see whether the land is registerable or not as per the law. The market value certificate is very essential to accrue the stamp duty and it is also necessary to obtain land due certificate from the concerned department whether the land is Agricultural, Government, Water body, evacuee property, Inam property ,commercial or residential, before registering the document.
For the registration, one should go to the registration office assigned to your area along with all the related original documents and one complete set of Photostat copies. The documents must be printed or typed on one side only and in black color. Photocopies should be taken on only one side of the page and the pages must be of 90 GSM thickness. There should be a butter paper between the two sheets of the photocopies. Apart from properly executed and fully stamp duty paid documents, the following papers are also required to complete the registration process.
- No Objection Certificate (NOC) under the Urban Land Ceiling Act if the area of the land transferred exceeds the maximum limit.
- If the land belongs to a government or semi-government body or to a charitable trust then a No Objection Certificate from the government or that particular semi-government body or the charitable trust must be produced.
- Property Card of the land on which the property is being registered is situated. This is required irrespective of whether the land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration. or not. In other words, even the flat owners are expected to produce this paper at the time of registration.
- If the property being sold/purchased is in a old building and the benefit of depreciation is to be claimed on the market value, then any one of the following documents should be produced as the proof of the old construction:
- Municipal Assessment Bill of the building
- Building Completion Certificate
- Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building
- If the building is very old and proper depreciation is not being given by the sub-registrar, then it would be better to get the document adjudicated.
- Original stamp duty payment receipt should be produced
- Two witnesses should be present, and
- Registration fees and computer service charges should be paid in cash to the sub-registrar at the time of registration.
The sub-Registrar after verification and After satisfaction with the formalities and the stamp duty, the Registrar will register the document..WHEN YOU NEED ANY LEGAL ASSISTANCE FOR PROTECTION OF YOUR RIGHTS AEQUITASJURIS LAW LLP IS HERE TO HELP.