Registering property in Delhi, India involves several steps to ensure legal ownership transfer.
Here’s a general overview of the process:
Document Verification: Before initiating the registration process, ensure all necessary documents are in order. This typically includes the sale deed, previous deeds, property tax receipts, and identity proofs of both buyer and seller.
Stamp Duty Payment: Pay the stamp duty for the property as per the prevailing rates in Delhi. Stamp duty is a state-level tax, and its rates vary based on factors like property value, location, and type.
Appointment Booking: Book an appointment online through the Delhi government’s website or visit the Sub-Registrar Office (SRO) to schedule a slot for property registration. Ensure you have all required documents for the appointment.
Visit Sub-Registrar Office: On the scheduled date, visit the Sub-Registrar Office with the buyer, seller, and witnesses. The Sub-Registrar oversees the registration process.
Execution of Sale Deed: Both the buyer and seller, along with witnesses, need to be present at the SRO to execute the sale deed. The sale deed is a legal document that transfers ownership from the seller to the buyer.
Payment of Registration Fees: Pay the registration fees, which are typically a percentage of the property’s value, at the SRO. This fee covers the cost of registering the property.
Biometric Verification and Signatures: Provide biometric information (thumb impressions) and signatures in the presence of the Sub-Registrar and witnesses. This step ensures the authenticity of the transaction.
Issuance of Encumbrance Certificate: After completing the registration process, you can apply for an encumbrance certificate from the Sub-Registrar Office. This certificate verifies that the property is free from any legal or monetary liabilities.
Receipt of Registered Documents: Once the registration process is complete, the registered sale deed and other relevant documents are handed over to the buyer. These documents serve as legal proof of ownership.
Mutation of Property: After registration, it’s essential to update the property records with the local municipal authority (MCD/Municipal Corporation of Delhi) to reflect the new owner’s details. This process is known as mutation.
Additionally, the process may vary slightly based on factors such as the type of property (residential, commercial, agricultural) and any special circumstances.In India, a conveyance deed is a legal document used to transfer ownership of immovable property from one party to another. It is also commonly referred to as a “sale deed” or “transfer deed.” The conveyance deed serves as evidence of the transfer of property rights and outlines the terms and conditions of the sale or transfer.
Here are the key components of a conveyance deed in India:
Parties Involved: The conveyance deed identifies the parties involved in the transaction—the seller (transferor) and the buyer (transferee). It includes their names, addresses, and other relevant details.
Description of Property: The deed includes a detailed description of the property being transferred, including its location, boundaries, dimensions, and any other identifying features.
Consideration: Consideration refers to the price or monetary value exchanged for the property. The conveyance deed specifies the agreed-upon consideration amount and how it will be paid.
Transfer of Ownership: The primary purpose of the conveyance deed is to effect the transfer of ownership rights from the seller to the buyer. It outlines the terms and conditions of the transfer, including any warranties or guarantees provided by the seller.
Rights and Liabilities: The deed may specify any rights, easements, or encumbrances associated with the property being transferred. It also outlines the liabilities and responsibilities of both parties, such as payment of taxes, maintenance, and compliance with local regulations.
Signatures and Witnesses: The conveyance deed must be signed by both the seller and the buyer in the presence of at least two witnesses. The witnesses attest to the signing of the deed and may also sign as evidence of their presence.
Stamp Duty and Registration: In India, conveyance deeds are subject to stamp duty, which varies depending on the state and the value of the property. The deed must be executed on stamp paper of appropriate value and registered with the local Sub-Registrar Office to make it legally valid and enforceable.
Once the conveyance deed is executed, registered, and stamped, it serves as conclusive evidence of the transfer of ownership of the property. It is an essential document for both parties involved in the transaction and provides legal protection and clarity regarding property rights.
When the DDA sells properties or land, it does issue conveyance deeds to the buyers, confirming the transfer of ownership rights. These conveyance deeds are executed following the legal procedures and requirements laid down by the government of Delhi.
A sale deed is a specific type of conveyance deed used exclusively for transferring ownership of property through a sale transaction. It is a legally binding document that finalizes the sale of the property and transfers ownership rights from the seller (vendor) to the buyer (vendee).
Key features of a sale deed include:
- It is used specifically for property sales.
- It outlines the terms and conditions of the sale, including the sale price, payment method, and possession date.
- It includes details about the parties involved, property description, consideration, warranties, and signatures.
- Like a conveyance deed, it must be executed on stamp paper of appropriate value and registered with the appropriate authority.
Hon’ble Supreme Court of India has declared that there cannot be transfer of title by General Power of Attorney. Only registered sale deed /conveyance is a valid mode of transfer of title in immovable property. Based on Order of Hon’ble Supreme Court of India in its judgment titled “Suraj Lamps & Industries Pvt Ltd. v. State of Haryana and another, a circular has been issued by the Inspector General of Registration, Delhi. GPA registered before the order of the Hon’ble Supreme Court of India i.e. 11.10.2011 are not affected. The person who has entered into such transactions may regularize the transaction by obtaining deeds of conveyance. GPAs are not meant for transfer of property. Further transfer of immovable property shall be permissible only through a registered sale deed.
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