Complete Guide to Property Registration in India

What is Property Registration and Why It Matters 

Buying a home or a piece of land is a milestone you would cherish for a lifetime. However, merely paying for it does not make you its legal owner. Property registration is a key step that makes a property truly yours in the eyes of the law. It officially proves your ownership and also protects you from disputes or claims. 

Wondering how real estate properties are registered in India? Read on to learn the steps, documents and charges involved in the registration of property. Knowing these responsibilities can help save time, overhead, stress and expenses.

Property registration is the legal process that records your ownership of a property with the government. Whether you are buying a home, land or any real estate asset, it ensures you are the rightful, legal owner. It is an official record that can be checked anytime. Additionally, registration of properties in India is mainly governed by the Property Registration Act, 1908. 

Why is it important to register a real estate property? Registering a property makes your transaction valid, transparent, documented and protected by law. Also, it:

• Prevents future disputes.
• Gives you full legal ownership rights over the property.
• Protects you from false or fraudulent claims.
• Allows you to sell, transfer or use the property as a financial security.

Documents Required for Property Registration 

No matter the size and type of a real estate property, registration takes a lot of paperwork. Therefore, getting it right is key to a smooth transaction and peace of mind. The details of the buyer, seller and property as originals and proofs are gathered and verified. These property registration details can help prove ownership, check legal history and prevent disputes. 

Whether or not you like the rustle of originals and the warmth of copies, they are essential to get the process done well and early off. Knowing the key documents required for property registration makes everything quicker and easier. They include:

Property Ownership-related Documents

• Title Deed: Only the legal owner of a property can transfer it. A title deed is an important document that shows who the current legal owner of a property is. It should be original and verified, and it proves that the seller is the legal owner and has the full right to sell the property.
• Ownership Documents: While the title deed shows the current owner of a property, these documents show the ownership trail or history. In other words, it shows how ownership changed over time.
• Property Register Card: An official profile of the property in the government records. It shows details, such as size, location, survey number and ownership history. It is often maintained by the local authority or municipal office, and you should have a verified copy.
• Encumbrance Certificate (EC): A certificate that proves that the property is free from loans, mortgages or legal disputes. It helps avoid problems in future.

Property Transfer-related Documents

• Sale Agreement: A written agreement between the buyer and seller that also sets the base for the sale deed. It includes property price, payment terms, date and conditions of sale. 
• Sale Deed: A property deed is a legal document that outlines all the details, conditions and terms related to a property transfer. A sale deed must be executed and registered when the property is transferred in exchange for money. Sometimes, a property deed can be a gift deed or a lease deed, based on the type of transaction. 
• Property Tax Receipts: These are proof of property tax payment by the previous owner. They protect the buyer from unexpected dues following property purchase.
• NOC: Stands for No Objection Certificate. It is required for property registration if the property is under a housing society, development authority, loan or mortgage. NOC shows that there are no legal objections to the transfer of ownership.

Proof of Identity and Registration Charges Paid

• Identity Proof: They are needed for verifying and recording the identities of both parties—buyer and seller. Passport-size photographs and valid identity proofs like a passport, Aadhaar Card or PAN Card of both buyer and seller are essential.
• Address Proof: Proof for the buyer’s and seller’s addresses. It can be a bank statement with address, utility bills (water or electricity) or telephone bills. Address proof ensures correct personal records.
• PAN Card: It is mandatory for both the buyer and seller. A PAN card helps the government to keep track of the financial transactions linked to property deals.
• Stamp duty and registration fees: You need to pay stamp duty (a tax based on property value) and registration fees, and submit the official receipts as proof of payment.

Step-by-Step: How to Register a Property in India

In India, the registration of property involves a few steps that every buyer must follow. Each step makes the buyer’s ownership valid in the eyes of the law. It also ensures the property records are updated properly. Understanding each step is vital to ensure a smooth and quick process. Knowing your responsibilities can save you delays, confusion and extra costs. Below is a simple step-by-step breakdown of the property registration process:

1. Gather All Documents and Verify Details 

First, collect or prepare essential documents. Knowing what documents are required for property registration makes this step easy. Check them for clarity and completeness. Make sure the property details match—owner’s name, property address and survey number. Check the title deed, EC and sale agreement to confirm the seller’s ownership.

Read more: Property Transfer Deeds

2. Calculate Stamp Duty and Registration Charges 

Next, it is essential to know how much stamp duty and registration fees must be paid. In India, the legal obligation of paying these charges lies with the buyer (or the transferee). Stamp duty is a tax paid to the government when registering the property. Besides, a registration fee is also levied. These charges are often a certain percentage of the registration value of property and must be paid to deem the transaction legally valid.

Property value may vary based on market trends and location. Moreover, the rates can change from state to state. For example, in Kerala, stamp duty and registration fees are 8% and 2% of the property value, respectively. Finding out the current rates based on the property location helps you plan your budget ahead and avoid last-minute surprises.

3. Pay the Fees (Online or at Sub-Registrar’s Office) 

Next, the buyer must pay the stamp duty and registration fees for property transfer. It can be done offline and online. Offline payment is done at the Sub-Registrar’s Office. Wondering how to pay property registration fees and stamp duty online? Luckily, most state governments have enabled digital payment through their portal. An example is the PEARL portal of the Kerala state government. 

These portals provide digital payment options as well as instructions and FAQs to help you complete the payments online. After payment, remember to collect or download the receipts, because they are necessary for the final property registration step.

4. Visit the Office with Two Witnesses

Whether you pay the registration charges online or offline, you need to visit the Sub-Registrar’s office for the remaining steps of property registration. Therefore, the buyer and the seller agree upon a date for registration of property and pre-book an appointment at the Sub-Registrar’s Office. This can be done online or offline to get a token. 

After that, on the registration day, the buyer and seller (or their authorised representatives) must appear at the Office with the token, two witnesses and all the necessary documents. The witnesses are also required to carry their identity proofs. They sign the documents to confirm that the transfer and sale are happening willingly. This step helps make the registration legally valid and clear.

5. Complete Biometric Verification and Signatures 

Next, you will go through biometric verification at the Sub-Registrar’s Office. It includes scanning your fingerprint and taking a photograph. This must be done for the buyer, seller and the two witnesses. Next, everyone signs the final sale deed in the presence of the officer. This marks the official completion of the property transfer with the full consent of all parties.

6. Submit the Paperwork for Approval

After biometric verification and signing the deed, the necessary documents are handed over to the Sub-Registrar for final verification and approval. The officer reviews the paperwork to make sure everything is correct and complete. If all details are accurate, the property registration is approved, and confirms that the ownership has officially moved to the transferee’s name.

7. Collect Your Registered Sale Deed

Finally, you can collect the registered sale deed from the Sub-Registrar’s Office once the registration is approved. It typically takes 2 to 7 days from the registration date. This document shows the buyer as the legal owner of the property. Physical copy is provided by the Office. Besides, you can download the digital copy of the sale deed through the portal. The buyer must keep this document safely, as it is the main legal proof of property ownership. 

How to Check Property Registration Online 

When considering how to check property registration online, you may visit the state’s land records or registration portal. This helps you confirm that the property is now recorded in your name. Here are some simple steps:

• First, visit the state’s official land records portal or registration website.
• Then, look for the search option— “Property Details”, “Ownership Records”, or “EC Search.”
• Next, enter the details asked for. These typically include survey number, document number, registration year, owner’s name and the Sub-Registrar’s Office location.
• Then, complete any CAPTCHA or verification step.
• Finally, you can view and download the property details, EC or ownership record.

Property Registration Charges Across India

Property registration charges include stamp duty and registration fee. Both are calculated as a certain percentage of the property’s sales value. However, they are not the same across India. Stamp duty for property registration​ varies among states. Meanwhile, registration fees may be affected by local rules. For example, the property registration charges in Kerala include stamp duty at 8% and registration fees of 2% of the property value. However, these values may be different for another state.

Hence, knowing the charges applicable to your transaction helps you plan your funds better. Below is a list of approximate rates in major states in India based on the recent online sources:

Note: Some states offer discounts for female buyers, joint ownership and senior citizens. So, the actual charges may vary. It is best to check with the Sub-Registrar’s Office to know the exact rates applicable.

TDS and Tax Rules in Property Registration 

TDS is Tax Deducted at Source. In property registration, TDS is applicable if the property value is ₹50 lakh or more. The buyer must deduct 1% of the property’s sale amount if the property value is ₹50 lakh or more. Then, this amount must be remitted to the government before making the final payment to the seller. Additionally, the TDS certificate must be provided to the seller as proof. This rule of TDS for property registration applies to all real estate properties, including land, residential and commercial, that are valued at ₹50 lakh and above.

Legal Rules and Documents in Property Registration 

The Registration Act, 1908, as well as a couple of other laws, legal rules and documents are worth considering. The Indian Stamp Act, 1889, makes it mandatory to pay stamp duty on any property document which needs to be registered. It is a tax paid while transferring property ownership. As such, it helps to be aware of these legalities and property registration documents in order to avoid problems and protect your rights as a buyer.

Power of Attorney (POA) for Property Registration

Sometimes, a seller or buyer cannot appear in person for the official proceedings. Then, they can authorise someone they trust to act on their behalf. This authorisation, in a legal document, is known as a Power Of Attorney (POA). Thus, Power of attorney for property registration allows the authorised person to sign the papers and finish the procedure for the actual buyer or seller. The POA should be clear, signed and registered for it to be legally valid.

Understanding the Property Registration Act 

The Registration Act, 1908, is the law that governs property registration in India. The term ‘property’ is often used for immovable and movable assets. However, registration works differently for them:

• Registration of movable property (like vehicles, gadgets or jewellery) – Proof of ownership. It helps with proof of possession and resale. Not registering a movable property may have fewer implications and is not mandatory in most cases. 
• Registration of immovable property (land, buildings or houses) – Legally records who owns that property. It is compulsory and if not done, may have serious implications and put a buyer at risk of disputes and claims in future.

The Property Registration Act, 1908, mandates registration for the sale of any immovable property (land, house or building) worth more than ₹100. It outlines the rules for which documents must be registered and how to do it. Thus, it makes property transfers official and legal, eliminating fraud. Therefore, registering under this act gives legal proof of ownership.

Cancellation of Property Registration

A property transfer may be cancelled in some situations. It can be due to mistakes, fraud or disagreement between the buyer and seller. In such cases, the cancellation of registration of property can only be done through a court order. Consequently, a Cancellation Deed is created and registered at the Sub-Registrar’s Office, for which both parties must be present. Seeking legal advice can help avoid future conflicts.

Final Thoughts

Property registration is more than just a formality. It is a legal proof of ownership! It protects the buyer from fraud claims and conflicts. Therefore, when you buy a property, getting your ownership officially recorded is essential. Preparing the right documents, knowing the charges, and planning funds can help. Besides, paying the required fees and following the steps correctly ensures a smooth and fast process.

Wondering how to navigate choices and ways to own a property without hassle? That is why you should partner with the right realtor! Confident Group is a real estate virtuoso with unmatched expertise and a legacy of world-class real estate projects and customer service. We help you spot your dream haven. Moreover, we guide you to smoothly navigate legalities to help make your dream property truly yours!

Frequently Asked Questions 

1. What happens if you don’t register your property in India?

If you don’t register your property, your ownership will lack legal validity and proof. You may be subject to fraud claims, disputes and conflicts in future.

2. How do you register a property in India?

Prepare all necessary documents, calculate stamp duty and registration fees, pay them and get receipts. Visit the Sub-Registrar’s Office along with witnesses to sign and complete the registration. Finally, collect the registered sale deed. 

3. How can I register my property online?

Property registration cannot be entirely done online. Some state portals allow online appointment booking, fee payment, and document upload. However, the final signing and biometric verification must be done at the Sub-Registrar’s Office.

4. How much does it cost to register a property in India?

Registration charges in India include stamp duty and registration fees. They are usually calculated as a percentage of the property’s value, and the rates may vary by State.

5. Who owns the land if it is not registered?

If a land transfer or sale is not registered, the previous owner continues to own the land. A sale or transfer agreement does not suffice to make the buyer the legal owner; registration of property is compulsory. 

6. Who has to pay stamp duty?

In India, the buyer pays the stamp duty and registration fees, unless both parties agree to share them.