Documents required for registration of Property -

You should carefully note all the documents that should be submitted for flat registration in addition to the underlying procedures for registering your apartment.

Wondering about the necessary documents required for property registration? The procedure for registration of property should be carefully noted by you as well. The registration law for documents is present in the Indian Registration Act of 1908 which has provisions for registering multiple documents for ensuring proper evidence conservation, fraud prevention and title assurances. Along with the land registration documents or documents required for registration of flats, you should also note the steps or stages of the whole process.

Property registration laws

Based on Section 17 of the 1908 Registration Act, all transactions covering the sale of any immovable property for values surpassing Rs. 100, should have compulsory registration. This means that all property transactions are required to be registered while all immovable property gift transactions and leases for periods surpassing 12 months should be compulsorily registered.

Property registration procedure

Along with the property registration documents, you should make sure that you should submit them to the office of the Sub-Registrar of Assurance under whose jurisdiction the specific property falls. The authorized signatories for the buyer and seller should be present in addition to a couple of witnesses for document registration. Among the documents required for land registration, signatories are required to have their identity proof with them along with other documents required including PAN card, Aadhar Card or any other identity proof that has been issued by any Government authority. All house registration documents and other papers should also be presented including the documents needed for the sale deed registration procedures.

Signatories will also have to provide power of authority or attorney in case they are representing any other individual. If a company is a party to this agreement, then the person who is the company representative, will have to carry proper documents such as power of letter/attorney in tandem with a copy of the company’s board resolution which authorizes carrying out of the registration. Along with plot registration documents, you should offer the property card to the sub-registrar in tandem with the original documents and proof of the payment of stamp duty as well. Prior to registering all documents required for resale flat purchase or new flat purchase, the sub-registrar is required to verify whether the proper stamp duty is paid for the property in question based on the ready reckoner rates. If there is any deficit in this stamp duty amount, then the registrar will not register documents likewise.

Witnesses are very essential in the procedure and two witnesses will have to present their identity proof to the sub-registrar including address and ID proof while their biometric identity may also be scanned. Note the property documents checklist and make sure that those documents which have to be compulsorily registered, are presented within a period of four months from the execution date along with the requisite fees payable. Upon expiration of the time limit, you may apply for condoning this delay, within four months and the registrar may agree to this request upon payment of a fine which could increase to 10 times of the original fee for registration. The registration fee is usually 1% of the property value, subject to Rs. 30,000 at the most. Remember that the legal documents required for purchase of property will include all necessary documents including the PAN Card, Aadhar Card, identity proof by a Government authority, property papers, sale deed and agreement and power of authority if you are representing anyone else.

Some other documents that you will require

Sale Deed- Sale deeds are the most important documents since they establish ownership of title for any property. You should get the sale deed registered in the sub-registrar’s office of the area where this property is situated.
Extracts- The extract or Khata certificate is a necessary document for registration of any new property. It is also needed if you wish to transfer property ownership sometime later on. This document proves that the property is entered into local municipal records and construction has been executed based on the plan that has been approved. This document is needed prior to your bank sanctioning a home loan.
Mutation Register Extract- This document covers Gram Panchayat properties and offers all information relating to earlier ownership. Although not needed in its original form, it is compulsory to be shown in case the property that you are buying falls within the jurisdiction of the Gram Panchayat.
General Power of Attorney- This proves that an authorized person is working on behalf of the owner for purchase/sale of any property.
Building Plan Copy- Should be approved by the requisite government and statutory bodies.
NOC- There are various NOCs required by developers whenever any project is being constructed. Copies of NOCs should be kept with you.
Allotment Letter- A vital document, it shows the property description and details of the sum paid by buyers to real estate developers.
Sale Agreement- This document talks about the terms and conditions, payment plan, date of possession, specifications, details about facilities, common areas and so on. The developer is also held responsible legally here for property construction.
Possession Letter
Payment Receipts
Encumbrance Certificate- Proves that there are zero encumbrances, legal dues or any mortgages on the property being transacted.
Completion Certificate- This document is also vital and it proves that the structure has been built on the basis of the plan which has been approved.
Occupancy Certificate- The occupancy certificate is issued by the local authorities to real estate developers for establishing the fact that the building in question is fully ready for occupation and also certifying that the construction has taken place on the basis of plans which have been sanctioned.