The real estate market has a lot of problems with regard to registration of the property. Most of the time, property owners are not aware of the need for registration of the property. This leads to instances of illegal land grabbing and illegal sale of the property.
Property or land registration in India id governed as per Section 17 of the Registration Acct, 1908. The Act applies to the whole country, except for the State of Jammu and Kashmir. The main reason as to why the Act was enacted was to ensure that legitimate records are maintained with regards to property/land records.
Registration of property online or e registration has simplified the process of registration of the property and for providing evidence of title over the property. The online registration system addressing the problems and the loopholes that are present in the traditional land registration process. It involves downloading an application form from the respective State Government portal and submitting it along with the required documents to the sub-registrar’s office for verification.
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Which law governs property registration in India?
The law of registration of documents is present in the Registration Act, 1908. The law provides for the registration of various documents to ensure that there is no fraud that takes place with respect to the ownership of the property. Registration of the documents relating to the property also ensures that it can be used as evidence to prove that the owner is the true owner of the property.
What is IGR registration?
IGR stands for Inspector General of Registration. The Inspector-General of Registration is the head of the Stamp Duty and Registration Department who is empowered with the task of superintendence and administration of registration work.
All immovable property needs to be registered in the government records and the Inspector General of Registration (IGR) is the authority where it needs to be registered. IGR registration is the process of registering the property with the State Government.
What if the property is not registered in India?
Registration of property is an important process that shouldn’t be delayed. Any property which is located in India other than those properties which are located in Jammu and Kashmir have to be registered under the Registration Act, 1908. It is to be noted that any document which is mandatory to be registered but is not registered, cannot be admitted as evidence in case there is any dispute regarding the dispute. Registration of property proves the legitimacy of the transaction; it provides the owner with complete ownership rights.
A sale without registration of the property will not be a legal transaction. This is because a lack of registration may arise due to the property not having a clear title, or if the property has been built without obtaining the necessary approvals. There may also be unauthorized construction on the property. In order to prove to the buyer that the property is without any encumbrances, it is necessary to register the property.
It is important that every time the property changes ownership, it has to be registered in order to avail of the complete ownership rights. Unless the property is registered after the sale, the previous owner will be considered as the legal and rightful owner. The sale deed regarding the sale of the property can only be done by a person in whose name the property has been registered.
Can I do online registration for my property?
Registration of property is not a choice but is a necessity which has to be fulfilled by every buyer under the Registration Act. During the registration process, buyers have to pay a certain amount as stamp duty along with registration charges.
It is to be noted that only certain aspects of registration of a property can be done online. Aspects such as calculation and payment of the stamp duty and the registration charges, identifying the total value of the property, making an appointment to visit the sub-registrar’s office to register the property.
The following information has to be filled out by the buyer while registering a property online-
- The description of the property – The number, area, pin code, etc. of the property, which makes it easier to identify and register.
- Type of property – Whether the property is a flat, plot, agricultural land, etc.
- Mode of ownership – Whether the property has been received through purchase, gift, lease, etc.
- Personal details of the owner – this includes the name, age, occupation, parent’s name and other necessary details
- Proof of the property – Proof of existence of the property includes the title deed of the property or a power of attorney issued by the legal owner of the property.
It is important to note that as the buyer proceeds with the online registration of property, all important information would be intimated to the buyer through the mobile number that has been entered. SMSs, OTPs (One Time Password), the process completion, appointment details, all of which would be sent to the registered mobile number of the buyer.
Registration of property is necessary to prove the legal ownership and title of the property. All buyers are legally required to register their property. It helps is reducing the risk of fraud and assists in solving disputes with ease. It also helps in maintaining a record with the government. Each State Government levies a different amount of fees which is used for the registration of property.
It is seen that registration of property online is an efficient method that does away with the traditional problems involved with the registration process. Registration of property in general adds transparency and establishes the correct legal owner of the property. If a registered property is later acquired by the Government, the owner is entitled to receive compensation for such acquisition of property.
It is important to note that the entire process of registration is not converted into a fully online method. There are a few steps such as calculation of the fees, payment of the fees, buying of stamp paper, submitting the documents of the property which have been given an online medium in order to ease the process of the transaction. The final verification of the documents and the registration of the property has to be physically done at the sub-registrar’s office, after getting an appointment for the same.