Registration of Sale Deed is Mandatory in India.!

If the value of the property is less than Rs 100, the registration of its sale deed is not mandatory . So, all sale deeds need to be registered.

When a property (Plots of Land, House) transaction happens, it is equally important to get the transaction registered. Although, it may cost one some extra money, it gives the property buyer legal security

Indian Registration Act 1908..!

According to the Indian Registration Act 1908, the purchase of a property should be registered at the office of the registrar or sub - registrar of the district within whose jurisdiction it is located.

The registration should be done after the property buyer & seller have executed the documents.

A sale agreement should be registered with the sub-registrar of assurances within four (4) months from the date of execution of the document.

In case this is not done within the prescribed time limit, the property document can still be registered within a further four (4) months after paying the applicable fine.

After eight months (8), the document can not be registered.

Before registration of a property, the final sale deed should be prepared on stamp paper of appropriate value (the prevailing rate of stamp duty in the state). The documents should be executed by the property seller and buyer. Once registered, the seller can not resell the same property to someone else.

In case the sale agreement has not been registered, the property buyer should prepare & execute a deed of confirmation and attach it with the original document, which earlier could not be registered.

Thereafter, he/she should register the deed of confirmation at the office of the sub-registrar of assurances.

Nowadays, several states have the provision of a prior appointment through the internet. On the given date & time, the buyer should approach the sub-registrar's office along with the seller & two witnesses.

The document to be registered should be presented in original. Similarly, in many states, e-stamping has been started, where the stamp duty is paid online through authorised representatives.

The documents should state the names of the parties, buyer & seller, along with their full addresses, date of construction of the building being sold, its area, description, address, etc.

Further, a copy of the building's plan should be attached. In addition to the stamp duty, the buyer should pay the applicable registration fee, copying fee, and file charge.

The registering office will issue a receipt to the buyer. The buyer & the seller should be present before the registering officer, along with their respective witnesses, in order to admit the execution of the documents.

The buyer can authorise his representative to execute the document. The seller must be present & transfer the title by signing the transfer deeds and all appropriate documents.

 Power of Attorney..!

The parties may appoint a power of attorney (POA) to represent them on their behalf & admit the execution of the documents. The buyer should then carefully preserve the receipt issued by the registering office.

After the prescribed period, the buyer can collect the registered documents personally or / through a duly authorised agent, after production of the original receipt at the registrar's office.

Once the documents are registered, the buyer can apply for an extract of the document from the office of the sub-registrar of assurance.

Under the Transfer of Property Act 1882, property sale costing more than Rs. 100 should be registered.

If the value of the property is less than Rs 100, the registration of its sale deed is not mandatory . So, all sale deeds need to be registered.

For more details

No.100, Santhome High Road,

Chennai - 600 028.
Telephone:  +91- 44 - 2464 0160
FAX:  +91 - 44 - 2464 2774 
E-mail: grivcell@tnreginet.net

Website: www.tnreginet.net

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