Guide to Property Registration Process in India

If you are planning to purchase land or property in India, then you should be aware of the land registration process in India and the associated property registration process before jumping in. The better informed you are, the better decisions you will be able to make. You should have an idea of what is land registration in India and why it is important. You should also be aware of the process for land registration or the property registration process in India. Finally, as an NRI or a person of Indian Origin, you should also know how to obtain a Power of Attorney in case you will require someone to execute documents on your behalf.

You should also know that the land registration process in India or the property registration process is not too complicated. As an NRI, you need to make sure that you verify the property or land you’re about to purchase. Do some research online before starting the process of land registration or the property registration process. Do not blindly trust third-parties when they tell you about investment opportunities in India. Perhaps you could also consult with a trusted relative, spouse or colleague to inspect the property before drawing up a Power of Attorney for them. This way, you can be sure that you are doing the right thing when you are completing the land registration process or property registration process in India.

What is Land Registration in India?

Land or Property Registration in India is done so that the legal ownership of the land or property is transferred to the new owner. The Registration Act of 1908 still applies when it comes to property or land registration in India. The purpose behind creating this act was that all the information regarding immovable property would be correctly maintained. You should know that it is compulsory to register all immovable property in India, within four months of the date of execution.

Who can Complete Land Registration in India?

The following people can complete land or property registration in India:

  • Any citizen of India
  • A Non-Resident Indian (NRI)
  • A Person of Indian Origin (PIO) – who at any time has held an Indian passport, or, whose parents or grandparents were a citizen of India at any point.

Does an NRI have to be Present Personally for completing the Process?

One of the questions that most NRIs would have is whether they would have to be physically present in India in order to complete their land or property registration process. The good news is that no, you will not have to be physically present. But, you will need to attest a Power of Attorney at the nearest Indian Embassy and then mail it to India. This Power of Attorney will allow a chosen person to execute documents on your behalf, thus freeing you of the responsibility of having to be physically present.

8 Steps to Completing your Land or Property Registration

  • Verification of The Title of Property – the owner of the property has to produce the relevant documents for verification. This step will differ slightly if you are purchasing the land or property from a Real Estate Development Company or it is a secondary sale
  • Estimation of Property Value – Depending on your circle area, you will have to calculate the property value. This is essential in order to pay your stamp duty.
  • Preparation of Stamp Papers – You will have to buy non-judicial stamp papers based on the value of your property and the stamp duty. You can purchase stamp papers online or from a licensed stamp vendor.
  • Preparing the Sale Deed – the sale deed is usually prepared by an attorney on behalf of the buyer. The exact details of the deed will vary on the basis of the exact nature of your sale.
  • Payment of Stamp Duty and Registration Charges – Once you have the stamp papers ready, you will have to pay your Stamp Duty and the Registration Charges prior to the registration of property.
  • Sub-Registrar’s Approval – You will need to visit the sub-registrar’s office, along with two witnesses and register the sale deed. Ensure that you and your witnesses carry valid ID proofs.
  • Submit Required Documents – Along with the sales deed, you may be asked to submit copies of valid ID cards, No Objection Certificate (NOC) etc. Your sub-registrar would give you a list of the necessary documents
  • Collect the Registered Documents – once all the documents have been verified, then your registration is complete. You can collect the documents from your registrar, who will also maintain a copy of all the documents with himself/herself for future reference.

This article has, hopefully, shed a little more light on the land registration process or property registration process in India. You should now find it easier to complete the process for land registration after having understood what is land registration, what are the steps you need to take, and how you can file a Power of Attorney in case you cannot be present in India. Armed with this information, we are sure you will take the right decisions on your investments in India.

Double Taxation Avoidance for NRI's,                         Taxation Rules for NRI's Properties in India

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