Buying a house or land is a big dream of everyone’s life. People buy property by earning their entire life, but if there is some negligence at the time of registry, then this dream can turn into a big trouble.
Property Registry is a legal process, which includes many types of documents, fees and rules. If there is a mistake in this process, then not only your property can be threatened, but in future, problems like bank loan, recycle or legal disputes can also arise.
Thousands of people buy property every year in India, but sometimes due to lack of information or haste, they make such mistakes, which they have to suffer for a long time. Problems like fake registry, wrong documents, arrears tax, double registry have become common.
Therefore, if you are going to buy home or land, then check these 7 important things at the time of registry. Let us know what things should be kept in mind during the registry, so that your hard earned money is safe and there is no problem in future.
Property Registry: What 7 things are required at the time of registry?
The table below has a brief overview of the necessary information and process of Property Registration:
| point | Description |
| Name of procedure | Property Registration |
| Objective | Legal transfer of ownership |
| Main documents | Cell deed, title deed, tax receipt, ID proof |
| Fees and Charges | Stamp duty, registration fees |
| Registrar office | Sub-registrar office |
| Deadline | Registry is usually necessary within 4 months |
| Main point of investigation | Title, documents, tax, loan, duplication, etc. |
| Legal advice | It is necessary to consult a lawyer or property expert |
Now let us know in detail which 7 things must be investigated at the time of registry:
1. Property Title Verification
The first and most important thing is that the title of the property whose registry is going to be done should be clean and clear. That is, the seller should have complete ownership of that property. For this, check the title deed, previous registry, Khatauni, and other papers carefully. If there is any disturbance in the title chain, there may be a legal dispute later.
- Do see the details and transaction history of old owners.
- If there is doubt in any document, consult a lawyer.
2. Document Verification of all necessary documents
All the necessary documents should be complete and correct at the time of the registry. These include:
- Sale deed
- Title deed
- NOC (no objection certificate)
- Property Tax Receipts
- Aadhar card, PAN card, photo ID proof
- Fresh bill of electricity, water, house tax
If a document is incomplete or wrong, the registry can stop or can also be canceled later.
3. Stamp Duty & Registration Fee Calculation)
It is necessary to pay stamp duty and registration fee for the property registry.
- Stamp duty varies in every state and depends on the market value or circle rate of the property.
- Registration fees are usually 1% of the property value.
- Pay the fees correctly, otherwise the registry may delay or penalty.
4. Is there any arrears or loan on the property? (Outstanding Dues & Loan Check)
Before the registry, definitely check whether there is no outstanding dues or loan on the property:
- See the latest bills of house tax, electricity, water, telephone, society charges etc.
- If there is a bank loan or mortgage on the property, then take information about it.
- Also see Encumbrance Certificate, which will show that there is no legal or financial burden on the property.
5. Avoid Fake Registry & Double Sale)
Nowadays cases of fake registry and duplicate cell are increasing:
- Avoid frauds like registry of registry of the same property, registry of government land, registry of case pending land.
- Identify the real and fake registry. Cross check all the old and new documents.
- Take a copy of the original document from the seller, and get the verification from the registry office.
- Also check the status of Khatauni, Jamabandi and court case.
6. Cell deed and all details closely examined (Sale Deed & Details Verification)
Carefully check all the details recorded in Sale Deed like name, address, property area, location, boundary, flat number etc.
- Sometimes the cell deed has typing or spelling mistake, which can lead to great damage later.
- If there is any mistake in the document, get it corrected before registration.
- Check all witnesses documents and signature.
7. Original Document Handover
Do not forget to take all the original documents from the seller after the registry:
- Cell deed, title deed, NOC, tax receipt, encumbrance certificate, sausity NOC etc.
- Make a handover list and take the signature on both sides.
- If the registry is being done through GPA (General Power of Attorney), then take its original copy.
Common mistakes and losses occurring during the registry
- Incorrect name, address or property details.
- Stamp duty low or wrong filling.
- Incomplete information in documents.
- Not taking original documents immediately after the registry.
- Loan or outstanding on the property.
- Not being the title clear.
Due to these mistakes, you may have difficulty in getting a loan, there may be trouble in the property resail, a legal dispute or the registry can also be canceled.
List of necessary documents at the time of registry (essential documents for property registration)
| Document name | Description |
| Sale deed | Main documents of purchase and sale |
| Title deed | Evidence of property ownership |
| NOC | No objection certificate |
| Tax receipts | Property tax, house tax etc. |
| ID proof | Aadhar card, PAN card, Voter ID etc. |
| Address proof | Electricity bill, water bill, passport etc. |
| Encumbrance certificate | No loan or outstanding on property |
| Witness documents | ID and address proof of both witnesses |
Frequent Asked Questions asked at the time of registry
- Can there be a mistake in the document even after the registry?
- Yes, the mistake can be improved by giving a recommendation application in the registration department, but it takes both time and expenses.
- What is the loss if there is a mistake in the cell deed?
- Problems like bank loan, recycle, legal dispute, registry cancell may occur.
- How to calculate stamp duty?
- According to the percentage fixed by the state government on both market value or circle rate of the property.
Tips for Caution at the time of registry (Tips for Safe Property Registry)
- Be sure to consult a lawyer or property expert.
- Keep both the original and copy of all the documents.
- After the registry, get a handover list of all documents.
- Get verification from the registry office if needed.
- Know the market value and guideline value of the property in advance.
- Do not ignore any doubt or mistake.
Conclusion
Even small mistakes can become a big problem during the registry. Therefore, do check the 7 important things mentioned above and take care on every step. Buying a property can be the biggest deal in your life, it is your responsibility to make it safe and legally strong. If needed, seek the help of a lawyer or property experts and do not leave any stone unturned in the investigation of documents.
Disclaimer:
This article has been written only for the purpose of information. Property Registry is a completely real and legal process, but it also contains cases of fraud and wrong documents. Therefore, take legal advice before the purchase and sale or registry of any property and do a thorough investigation of all the documents. Do not take any major decision by considering the information given in the article as a final decision, but consult your local registrar office or lawyer.
