Unclear land titles are amongst the most common reasons for property disputes. According to Section 17 of the Registration Act, 1908, all transactions involving the sale of immovable property valued at more than Rs 100 must be registered. Leasing a property for more than 12 months or property being gifted must also be registered. Immovable property refers to land as well as buildings.
Land registration is managed by state authorities and thus, every state has its own land registration process. However, the basic process, eKYC and documentation required are more or less the same. Here’s an introduction to how to register land in India.
Step 1: The Verbal Contract
The buyer and seller must come to an agreement on the terms of the transfer of ownership. This includes the area of land being transferred, the price of the property, etc. In the case of a leave and license agreement, the duration of the agreement will also be one of the terms to be discussed. Negotiating the verbal contract may also involve a physical inspection of the site.
Step 2: Prepare Contract
Once the verbal deal is finalized, it will need to be put in writing in the form of a sale document. Aadhaar authentication may be required at this stage. This document can be self-prepared but it should ideally be overseen by a lawyer to ensure that it is authentic and complete.
Step 3: Pay Stamp Duty
It is important to note that stamp duty and registration fees are different in each state. The stamp duty payable depends largely on the market value or agreement value of the property. It is usually is about 3-7% of the property value.
Step 4: Register Sales Deed
You will then have to visit the Sub-registrar of Assurance’s office and register the sales deed. For this, both parties need to be present along with all the required documents. If the buyer or seller cannot be present for the registration, the person representing them will need to have a Power of Attorney certificate with Aadhaar authentication. Online registration with eKYC has been started in some states. States like Andhra Pradesh, Karnataka and Tamil Nadu have already started digitizing land records.
The main documents required are:
Aadhaar Card to Prove Identity
Almost all government schemes accept the Aadhaar card as a valid form of identification. Thus, it is important to have your Aadhaar eKYC completed. The Aadhaar card can now be linked to e-registration sites to confirm identities in cases of land registration as well as used to register transactions wherein the property title is not transferred. For example- leave and license agreements.
Other Documents Required
Depending on the state in which the land is being registered, the other documents required could include:
- The original land transference document bearing the signature of both parties.
- Document with all property details such as the size of the plot, survey number, etc.
- Encumbrance Certificate
- Pan Card
- Land map
- Valuation certificate as issued by the relevant Tehsildar.
- DD/Challan proving payment of user charges, registration fees, stamp duty, transfer duty, etc.
- Photograph of the plot.
- Property card
Step 5: Property Mutation
Property mutation in the land and revenue records can be completed by visiting the local municipal authorities.
Completing all the stages of property registration including Aadhaar eKYC usually takes around 7 days. Registering a change in property ownership is required not only to reduce the chances of legal disputes but also if the occasion should arise when the property must be surrendered to the government or a third party, proper registration entitles the landowner to receive adequate compensation.
For more information contact us.
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