What is Land/Property Registration?
Land or Property Registration refers to the registration to document changes in ownership and transactions involving immovable property with the authority concerned.
The registration of property helps to reduce the risk of fraud and helps to solve disputes.
What You Need to Do online Registration of Land/Property?
Under the computerised Land and Property Registration system one requires submitting an application to the concerned authority, which may be the Sub-Registrar or the SDM of your area.
The application form can either be downloaded online or obtained from the concerned authority's office.
After due verification of details, the Deed is drawn up and the registration process is complete.
Documents that need to be compulsorily registered
- Gift deed of immovable property.
- Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
- Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;
- Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent;
- Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
- The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.
Things purchaser should do
- Original documents.
- How did the seller acquire the property.
- Encumbrance Certificate of the property for a minimum period of 15 years from Sub Registry Office to know if there are any encumbrances on the property to be purchased.
- Verify from the concerned court if there are any litigations on the property to be purchased.
- Verify if there are any litigations, objections in revenue, municipal offices about inheritance or any other matter.
- If seller is a power of attorney holder, it should be verified from the principal and if such power of attorney is genuine and whether it is still in force.
- It should be verified whether the transaction is opposed to public policy under Section 22A of the Registration Act, 1908. If so the document will not be registered.
- If the Property is a granted land to the member of scheduled caste and scheduled tribe, it should be verified if the transaction is in contravention of the terms and conditions of grant and whether permission of the Government is obtained for transfer.
What are the effects of non-registration?
- If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)
- Is there time limit to present a document for registration after it is executed (signed)?
- Document may be presented for registration within four months from the date of execution (signature).
- If a document is executed out of India, the period of four months will be counted from the date of its receipt in India.
- After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration. (For detailed information please see Rule 52 of Karnataka Registration Rules, 1965).
- Generally deeds are accepted during working hours. Sub Registrar may stop accepting two hours before closing time if he has sufficient work to attend in respect of deeds already received for registration. Provided deeds may be accepted in emergency cases on payment of extra fee of Rs.200 one hour before sunrise and one hour after sunset and on holidays.
- Registering officer may permit withdrawal of the document before completion of registration on written request by the party who presented the document. Fifty percent of the registration fee is refundable. Likewise Stamp duty is also refundable subject to deductions. (Please see question No.19 on stamp duty F.A.Q.).
- A deed may be presented for registration either by claiming or executing party but the executants must be present to admit execution (signing) of the deed (Please see Sec.32 of Registration Act 1908).
Whom to contact for registering a land/property?
Documents pertaining to immovable property shall be registered in the Sub-Registrar office in whose jurisdiction the property is situated or if you have any problem with the Sub-Registrar's office please approach the District Registrar of your district.
In Bangalore Urban district still if you have problem in registration you can visit the Office of the Inspector General of Registration where your registration work pertaining to Bangalore Urban district will be attended.
All queries/comments regarding the content on this site may be sent to Mr. S.M.Bhavikatti , Assistant Inspector General of Registration(Computers), Bangalore