If you are planning to purchase or sell a property, ensure that you avoid any misunderstanding about the terms and conditions of the property sale and get the lawful possession over the property.

So you've found the place you want to buy or found a buyer for your property, so you get an agreement prepared. There is no underestimating this document, given the large sums involved in property deals. This agreement will cover comprehensively the terms on which the sale will take place, the conditions, and the date on which the sale will be completed. But what next? Once this document is signed and executed, it needs to be stamped (and the duty needs to be paid). Together, this constitutes the property registration process.

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What is property registration?

Property registration is recording a property-related transaction in a public document. So, we go to the Sub-Registrar's office, or the Registrar of Assurances, and record the property-related transaction to make it part of a public record. Thus, ensuring that no transactions are executed by a person who does not have any authority over the same property.

What are the documents related to the property that must be compulsorily registered?

Documents related to the property that transact a value which exceeds more than Rs. 100 must be compulsorily registered. The transaction can be a sale, a settlement, a lease deed valid for more than a year, a power of attorney, a will to secure it, a gift, or anything exceeding the value of Rs. 100

What are the consequences of non-registration of documents related to property-related transactions?

So in case if a property-related transaction is not registered then the deed that transferred the right or title over that property cannot be admitted as evidence in a court of law. This is the reason why most transactions are compulsorily registered.

Is there a need for all immovable property to be registered?

All transfers related to an immovable property need not be compulsorily registered. A will is a document that can or cannot be read registered as per the discretion of the testator. But if the transaction that occurs is a complete transaction, then that transaction has to be registered as per section 17 of the Registration Act.

Does a court order require to be registered?

Not all court orders are required to be registered. As per section 17 of the Registration Act, a court order must be mandatorily registered with the Sub-Registrar if it pertains to declaring a title or ownership of a property.

What are the documents that are required for registering a property?

It differs from transaction to transaction. For instance, if a sale occurs, the parents’ deeds related to the property like the seller's sale deed, the Patta or Khatta certificate, the property tax receipt, the encumbrance certificate, title search report of the property, or any other relevant document the registrar thinks is necessary must be produced for registration. The original transactional deed, like the sale deed, must be registered, which will contain all the details of the buyer, seller, etc. and must comply with all the legal requirements as well as procedures.

If you require any legal assistance about your property registration you can contact us at vakilsearch.com

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