Property registration in India is a legal process that formalizes the transfer of property ownership. To register a property, certain documents must be submitted to the local sub-registrar office. The documents required for property registration depend on whether you are buying, selling, or transferring property. Below is a comprehensive list of documents required for property registration in India:
1. Proof of Identity
Both the buyer and seller need to provide government-issued identity proof to establish their identity.
- Aadhaar card (most commonly used).
- Passport.
- Voter ID card.
- Driver’s license.
- PAN card (in some cases).
- Passport-sized photographs (usually two).
2. Sale Deed
- The Sale Deed is the most important document that proves the transfer of ownership from the seller to the buyer.
- The deed must include:
- Details of the buyer and seller (names, addresses, etc.).
- A clear description of the property (location, survey number, plot number, area, etc.).
- The agreed sale amount and payment details.
- A declaration from the seller regarding the ownership and absence of encumbrances.
- Signatures of the buyer, seller, and witnesses.
- The Sale Deed must be executed on a non-judicial stamp paper of value according to the state’s Stamp Act.
3. Encumbrance Certificate (EC)
- The Encumbrance Certificate (EC) is a record of all transactions related to a particular property. It shows if the property has any legal dues or mortgage.
- This certificate is required to prove that the property is free from any encumbrances or liabilities.
- It can be obtained from the local sub-registrar office or the online portal (in some states).
4. Title Deed of the Property
- The Title Deed establishes the ownership history of the property.
- It should be checked to confirm that the seller is the rightful owner and has the legal authority to sell the property.
- Previous Sale Deeds, Will, or Gift Deeds showing the chain of ownership should be presented if applicable.
5. Proof of Address
- The proof of address document is required to confirm the current residential address of both the buyer and seller.
- Common documents include:
- Utility bills (electricity, water, gas).
- Bank statements.
- Passport or Aadhaar card.
- Ration card.
6. Tax Receipts
- Property Tax Receipts: Ensure that the property taxes are paid up to date. Property tax receipts issued by the municipal corporation should be submitted as proof of payment.
- This helps establish that the property is legally recognized and there are no pending tax liabilities.
7. No Objection Certificate (NOC)
- NOC from the relevant authorities or institutions may be required in specific cases. For example:
- If the property is under a housing society, an NOC from the society is necessary to confirm that there are no objections to the sale.
- If the property is mortgaged, the seller must obtain an NOC from the bank or financial institution confirming that the mortgage is cleared or that the buyer has agreed to take on the loan.
8. Power of Attorney (if applicable)
- If the transaction is being carried out through a Power of Attorney (PoA), the document must be registered and submitted.
- The PoA authorizes one person to act on behalf of another in legal matters related to the property.
9. RERA Registration (For New Projects)
- If purchasing a new property, the Real Estate Regulatory Authority (RERA) registration number of the property/developer must be provided to verify the legitimacy of the project.
- This is applicable for properties bought in projects under construction.
10. Court Orders (if applicable)
- If the property is part of a legal dispute (such as inheritance, divorce settlement, etc.), you will need to present the court order or decree that clarifies the legal transfer of the property.
11. Agreement to Sell (if applicable)
- If there is an Agreement to Sell in place (before the final sale), a copy of this document must also be submitted. This document typically outlines the terms and conditions of the sale, including the sale price and payment schedule.
12. Other Supporting Documents
Depending on the property type and nature of the transaction, additional documents may be required:
- Approved building plans (for flats, apartments, and buildings).
- Land use conversion certificate (if the property was originally agricultural land).
- Divorce or inheritance documents (if the property was transferred due to inheritance or divorce).
- Developer’s documents (in case of properties being sold by a developer).
- Land Record Extracts: These are sometimes required for rural or agricultural land transactions.
Steps to Register Property in India
- Stamping: The Sale Deed should be executed on a non-judicial stamp paper of the value prescribed by the state’s Stamp Act.
- Signing the Sale Deed: The buyer, seller, and two witnesses must sign the Sale Deed in the presence of the sub-registrar.
- Submission of Documents: Submit all the required documents, including the Sale Deed, identity proofs, Encumbrance Certificate, Title Deed, etc., to the sub-registrar’s office for registration.
- Payment of Registration Fees: Pay the registration fees, which are typically 1% of the property’s sale value or as per the guidelines set by the local authorities.
- Verification and Registration: The sub-registrar verifies the documents and the signatures. After due verification, the property is registered, and the buyer becomes the legal owner of the property.
- Obtain the Registered Sale Deed: After the property is registered, the buyer receives the registered copy of the Sale Deed, which serves as legal proof of ownership.
Conclusion:
The property registration process in India requires multiple documents to ensure the transaction is legal and binding. Ensuring that all necessary paperwork is in order can prevent future disputes and legal complications. Always consult with a property lawyer or legal expert to ensure that all documents are accurate, complete, and in compliance with the relevant laws before proceeding with property registration.