Important Steps To Take If Your Builder Delays Possession
Property possession refers to the act of taking physical control and occupancy of a property by its owner or authorized occupant.
Process of Property Registration in India
In India, the process of registration can vary depending on what you’re registering. Here’s a general overview:
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What Should You Do if a Builder Delays Property Possession ?
Property possession refers to the legal right to occupy and use a property. When you possess a property, you have physical control over it and the right to enjoy its benefits, such as living in a house or using a commercial space for business purposes.
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Property owners can face a variety of challenges depending on factors such as location, market conditions, property type, and individual circumstances.
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Online rent agreements, also known as digital or electronic rent agreements, have become increasingly popular due to their convenience and efficiency.
How Can I Register my Property Online in Delhi ?
Property registration is the process of legally recording ownership rights to a piece of real estate with the appropriate government authority. It involves the transfer of property title from one party to another, typically through a sale, inheritance, gift, or other means.
Here are the general steps involved in property registration:
Documentation: Both the seller (transferor) and the buyer (transferee) need to gather all necessary documents related to the property, including the sale deed, previous deeds, encumbrance certificate, property tax receipts, identity proofs, and other relevant paperwork.
Stamp Duty Payment: Stamp duty is a tax levied by state governments on property transactions. The buyer must pay stamp duty based on the property’s value. The stamp duty is usually calculated as a percentage of the property’s sale price. The stamp duty payment is made on a non-judicial stamp paper.
Registration Fee Payment: A registration fee is charged for registering the property with the government. This fee varies from one state to another.
Visit to Sub-Registrar’s Office: Both parties must visit the sub-registrar’s office, along with two witnesses, for the registration process. The sub-registrar verifies the documents and ensures that all legal requirements are met.
Execution of Sale Deed: The sale deed, also known as the conveyance deed, is executed by the seller and buyer in the presence of witnesses. This document contains details of the property, sale consideration, and terms and conditions of the sale.
Verification and Signatures: The sub-registrar verifies the identity of the parties and witnesses and checks the documents for any discrepancies. Once satisfied, all parties sign the sale deed.
Registration: The sale deed is then registered with the sub-registrar. The registration process involves entering details of the transaction into the government’s records, along with the payment of stamp duty and registration fees.
Issuance of Registration Document: After registration, the sub-registrar issues a registration certificate and a certified copy of the sale deed to the buyer. The original sale deed is retained by the sub-registrar for official records.
Mutation of Property: After registration, the buyer should apply for mutation of the property in their name with the local municipal authorities. Mutation is the process of updating the land revenue records to reflect the new ownership.
Property registration is crucial as it provides legal recognition of ownership rights and helps prevent disputes over property ownership in the future. It also ensures that the government can levy property taxes and maintain accurate land records.
How can I register my property online in Delhi ?
Property registration in Delhi typically involved physical presence at the sub-registrar’s office. However, the Delhi government has been working on digitizing various services, including property registration, to facilitate online transactions and reduce the need for physical visits.
Here are the general steps you can follow to register your property online in Delhi:
Visit the official website: Go to the official website of the Department of Revenue, Government of Delhi, or the website of the Revenue Department of the Delhi government to check if online property registration services are available. These websites may provide information on the online registration process and any required forms.
Create an account: If the online property registration service is available, you may need to create an account on the website. Provide the required details to register your account.
Fill out the registration form: Complete the online registration form with accurate details about the property transaction, including the buyer’s and seller’s information, property details, sale consideration, and other relevant information.
Upload documents: Scan and upload all the necessary documents related to the property transaction. These documents may include the sale deed, identity proofs of the parties involved, property tax receipts, and other supporting documents.
Payment of stamp duty and registration fees: Pay the stamp duty and registration fees online through the designated payment gateway on the website. The stamp duty amount is typically calculated based on the property’s value.
Verification and approval: Once you submit the registration form and documents online, the authorities will verify the details provided and approve the registration application.
Receipt of registration documents: After successful registration, you will receive the registration certificate and other relevant documents electronically. Make sure to download and save these documents for your records.
Mutation of property: After online registration, you may still need to apply for mutation of the property in your name with the local municipal authorities. This process may require separate documentation and verification.
It’s essential to check the specific procedures and requirements for online property registration in Delhi on the official government websites or by contacting the concerned authorities directly. Additionally, keep in mind that the online property registration system may undergo updates and changes, so always refer to the latest information available.
What is the Cost of Property Registration in Delhi ?
The cost of property registration in Delhi includes various fees and charges, such as stamp duty, registration fee, and other applicable taxes. These costs can vary depending on factors such as the property’s value, location, and type of transaction. Here’s a breakdown of the typical costs involved in property registration in Delhi:
Stamp Duty: Stamp duty is a significant component of property registration costs. It is a state-level tax levied on property transactions. The stamp duty amount is calculated based on the property’s value, and it varies depending on the property type (residential, commercial, agricultural, etc.). In Delhi, the stamp duty rates may be revised periodically by the government. As of my last update, stamp duty rates in Delhi ranged from around 4% to 8% of the property’s value.
Registration Fee: In addition to stamp duty, there is a registration fee charged for registering the property with the government. The registration fee is separate from the stamp duty and is typically a fixed amount. In Delhi, the registration fee is generally nominal compared to the stamp duty.
Miscellaneous Charges: Apart from stamp duty and registration fee, there may be other miscellaneous charges associated with property registration, such as document preparation fees, scanning fees, and any other administrative charges imposed by the government or service providers.
Legal Fees: While not a mandatory cost for property registration, some individuals may choose to hire legal professionals, such as lawyers or conveyancers, to assist with the documentation and legal aspects of the transaction. Legal fees can vary depending on the complexity of the transaction and the services provided.
Service Charges: If you opt for any online property registration services or assistance from authorized service providers, there may be additional service charges associated with using their platforms or services.
It’s important to note that the actual cost of property registration in Delhi can vary based on individual circumstances and the specific details of the property transaction. It’s recommended to consult with legal professionals or visit the official website of the Revenue Department, Government of Delhi, for the latest information on stamp duty rates, registration fees, and other applicable charges. Additionally, you can inquire with the sub-registrar’s office for a detailed breakdown of costs related to property registration in Delhi.
LuXia’s Property Registration Services in Delhi for NRI and Overseas Citizens of India includes Property Registration Service so as to fastrack and facilitate the entire process. LuXia’s property managers ensure the successful Registration of your property with complete credence and safety. Our team of property lawyers is backed by years of experience thereby delivering maximum client safety. We carefully work on the complete process from document inspection to meeting with the local registrar.
LuXia will help you to get the registration on your behalf in India. You need not travel or spend time on this tedious process by using our Property Management Services.
We provide Expert property law services to ensure that our NRI clients are directed in the right direction and are not unnecessarily harassed by the government officials.
Our Residential Property Management professionals can guide you in registering the Sale Deed or Gift Deed or any other deed for your property at the corresponding jurisdictional Sub-Registrar’s Office. We will walk with you throughout the process and have our managers/ property lawyers guide you or your chosen Power of Attorney holder. Since NRIs cannot be physically present for registration, therefore we can help them by acting as their Power of Attorney.
1.We will share the list of documents needed for the property registration beforehand. And there after our team will assist in verification the documents. To be doubly sure our property lawyers will re-verify the documents and check for the suitable registration fees and stamp duty charges.
2. Our property managers will also help you in a timely arrangement of the payment methods (DD) for the registration and stamp.
3. Our well equipped team also helps you on TDS deduction, wherever it is applicable.
4. NRIs or homeowners who stay away from their property and cannot make a visit to sign the required documents can get particularly benefited by our service. We help our clients in preparing Power of Attorney (POA) for your chosen member to represent you on this matter. Additionally, it is important to know that for NRIs particularly, adjudication of POA is mandatory.
Our property manager and property lawyer will be physically present with you or your chosen POA holder during the complete registration process. We will accompany you throughout the entire process to ensure effortless registration of your residential property.
What is the Difference Between Pre-Possession and Post Possession ?
“Possession” refers to the legal right to control and use a physical property. Possession doesn’t necessarily mean ownership,