House Registration Facts Every Home Owner Should Know
Purchasing something as expensive as a house is a huge task. Not only does it involve a lot of hunting until you find something that truly works for you, but even after you zero in on it, there is a significant amount of paperwork required. The most significant of these is the registration of the property.
The registration is usually carried out by the Sub-Registrar, in the Registrar’s Office of your city or town. Not only does the registration makes you the lawful owner, but it is also mandatory under the section 17 of the Indian Registration Act, 1908.
However, like any other documentation process, property registration is easier said than done.
Title of Property
The title is one of the most crucial aspects of registration of the property. Only if the title is precise and fit for sale, will you be able to Apply for a Home Loan and get it approved.
Hence, the onus is on you to ensure that your papers carry an appropriate title. This is mainly true if you are buying the property first hand, and more so if you are purchasing it from a developer. In case, you’re unsure of the diligence you need to take; you can always hire the services of a legal advisor.
As the name suggests, this aspect involves getting the title transferred from the name of the seller to your name. You can do so, by applying to the local municipal authority.
Needless to mention, you must take all the requisite measures to ensure that the title is entirely accurate.
Deed of Sale
Once you have undergone the process for registration, you ought to get the sale deed executed. For the uninitiated, a sale deed refers to a written agreement that transfers property’s ownership from the seller to the buyer in exchange for a pre-decided price.
The sale deed must necessarily comprise of the following details –
- Name and address of the buyer
- Name and address of the seller
- Location of the property
- A brief description of the property (if constructed)
- The price at which the sale is taking place
To prepare the deed you will require the assistance of a lawyer.
The payment of stamp duty is mandatory under Section 3 of the Indian Stamp Act, 1899. This fee goes towards the validation charges of the sales deed as well as the maintenance charges of its records.
The stamp duty is typically a percentage of the transaction value and differs from one state to another.
After the payment of the stamp duty, you must pay the registration fee for the property, which is 1% of the actual value of the property. Next, you can visit the Sub-Registrar’s Office in your area to make an appointment for the registration and subsequently get the property registered. In most cases, you will be required to get the sale deed verified for the registrar to complete the process of registration.
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