A Comprehensive Guide to Online Property Registration in India

To cut down on the hassles that used to be an integral part of the property registration process in India, state governments, under the Centre’s ‘Digital India’ initiative, have launched programs to offer online property registration to citizens. This means you no longer have to make multiple visits to various government offices and wait in long queues to get your property registered. A large part of the property registration task can now be completed using online mediums.

Why Property Registration is Essential

Before we dive into the procedure for online property registration, let’s briefly discuss why property registration is a must.

What is Property Registry?

Property registry is the legal process under which documents related to property are registered with the local authorities under Section 17 of the Registration Act, 1908.

Is Property Registration Compulsory?

Registering your newly purchased property in your name is not optional; all buyers are legally obliged to register their property under Section 17 of the Registration Act, 1908. As part of the process, home buyers or property owners have to pay a certain portion of the deal value as stamp duty to their respective state governments, along with a 1% registration charge.

In most states, buyers have to visit the sub-registrar’s office to register their properties. However, some states have launched services to help landlords register their properties online, aiming to offer hassle-free and time-bound services. Flats as well as plots can be registered using these online facilities.

Avoiding property registration to save money may prove to be a costly and risky proposition. Without registration under the owner’s name in the government’s records, the owner may find it impossible to prove ownership over the asset in case of any future dispute.

Online Property Registration

State-wise Online Property Registration Portals

Here’s a list of states and their respective websites for online property registration:

Register Property Online

If you live in a state that offers online property registration services, here are some facts you need to be aware of:

Only Certain Parts of the Process Can Be Completed Online

Even if your state offers online property registration facilities, only a certain part of the process can be completed online. You can:

• Find out the circle rate in the area to decide the total value of your property.
• Calculate the stamp duty and registration charge amount.
• Pay stamp duty and registration charge online and get a receipt for the same.
• Make an appointment and visit the sub-registrar’s office at the appointed hour for the final property registration.

Payment Must Be Made Online

An appointment for property registration can be booked only after you have paid the required stamp duty and registration charges online. The payment has to be done using your debit card, credit card, or net-banking. Note that while most states take the payment online, buyers may be allowed to make payments through cheque or cash in some rural areas of these states.

TDS Has to Be Paid Online

If the deal value exceeds Rs 50 lakhs, the buyer will have to pay 1% TDS on the property value online and get a printout of the receipt. This paper would be needed at the time of physical verification.

Your Mobile Holds the Key

As you proceed with the online process, your mobile number will hold the key to its completion. Not only would you get SMSs with one-time passwords (OTP) during the course of registration, but a message would also be sent regarding your appointment and process completion.

Documents and Information Required

You only have to buy e-stamp papers and make an online payment for the stamp duty and registration charge. All the documents have to be presented in front of the sub-registrar for verification.

Information You Will Have to Provide Online for Property Registration

Here are some details you will need to fill in while registering property online:

• Property description: Number, area, pin code, etc.
• Property type: Flat, plot, agricultural, etc.
• Mode of ownership: Purchase, gift, lease, etc.
• Owner’s personal details: Name, age, occupation, parent’s name, etc.
• Proof of property: Title deed, power of attorney

Documents Required for Sub-Registrar’s Office

• Duly prepared sale deed on non-judicial stamp worth the deal value.
• Two passport size photographs on both copies of documents (seller and purchaser).
• E-stamp paper with the correct value of stamp duty.
• E-Registration fee receipt of registration fee with undertaking.
• Copy of PAN card.
• Original ID proof of all parties (seller, purchaser, and witness).
• Receipt of TDS if the property is worth more than Rs 50 lakh.
• In case of land as well as house property, the buyer has to present documented history of ownership transfers.

When Will I Get the Registered Property Document Back?

It takes nearly two weeks for your property documents to get registered. You will have to visit the sub-registrar’s office to get your documents back.

Other Tips to Follow When Registering Land and Property Online

Even though a large part of the property registration work can be completed online using the official portals of the authorities concerned, for the final signing and biometric verification, all parties involved in the transaction have to make an appearance at the sub-registrar’s office. For this, one has to book a slot online to complete this formality.

It is also important to mention that one should try to complete the online registration process only under the guidance of an eligible lawyer, along with your property broker. Never seek the assistance of any third-party while attempting to complete the process.

As is true of most transactions, you will have to take two witnesses along with you to get the formalities completed. These witnesses must carry with them the originals and photocopies of their identity and address proofs.

Many states have set up portals to facilitate online property registrations. These portals provide information on model deeds, stamp duty rates, and enable parties to initiate the registration process. However, to complete the registration of the property, one has to physically visit the sub-registrar’s office.

Laws Applicable on Property Registration

Registration Act, 1908

Section 17 of the Registration Act, 1908, states that all transactions that involve the sale of an immovable property for a value exceeding Rs 100 must be registered.

Indian Stamp Act, 1889

The Indian Stamp Act, 1889, obligates buyers to pay stamp duty on the registration of documents. The law acts as monetary legislation.

Problems in Online Land/Property Registration in India

Slow Speed of Work

In most cases, the web interface works painfully slow. This often means you have to keep waiting for long periods for the forms to receive information and upload them. Crashing of the page is also a likely scenario.

Glitches in Websites

At times, the official websites develop technical glitches and stop working temporarily, causing a great deal of inconvenience to users.

Physical Approach is a Must

A large part of the process has to be completed offline, despite the fact that most states have moved to online registration of land and property.

Conclusion

Online property registration in India is a significant step towards making the process more efficient and less cumbersome. While it has its challenges, the benefits far outweigh the drawbacks. By understanding the process and being prepared with the necessary documents and information, you can navigate the online property registration process smoothly. Remember, the key to a successful registration lies in following the guidelines meticulously and seeking professional help when needed.