Property Registration in India - What Are the Documents Needed?

DDocuments Needed for Property Registration



Property registration is an important process for legally transferring property ownership from one person to another. In India, according to the Registration Act of 1908, registration is required to prove legal ownership. Understanding the document required for propertyregistration is critical to ensuring a smooth and hassle-free process. This guide will walk you through the essential paperwork for property registration in Chennai.


1. Sale Deed

The Sale Deed is the most crucial document for property registration. It is the primary document proving the sale and transfer of property from seller to buyer. The Sale Deed must be executed on non-judicial stamp paper and signed by both parties with witnesses.

  • Drafting: The transaction Deed should be carefully designed, including all relevant facts such as the buyer and seller's names, property description, transaction price, and payment terms.

  • Verification: Sale Deed must be verified before registration to confirm the errors or omissions.

2. Title Deed

The Title Deed, often known as the "Mother Deed," is a legal document that generates the property title. It certifies the seller's right to sell the property and ensures any liens or issues.

 

  • Original Title Deed: The buyer must receive an authentic Title Deed from the seller.
  • Chain of Documents: A trail of documents proving ownership must be presented if the property has changed hands several times.

3. Encumbrance Certificate (EC)

The Encumbrance Certificate is verifying free of any legal obligations, loans, or liabilities. You can collect this from the Sub-Registrar's office and contains all property transactions

 

  • Obtain EC: The buyer should receive the EC for at least the previous 15 years to guarantee that the property is clear of encumbrances.
  • Review: Check the EC for any mortgages, leases, or other encumbrances.

4. Property Tax Receipts

Property tax receipts provide documentation that the seller has paid all property taxes up to the date of sale. These receipts are required to confirm overdue payments on the property.

 

  • Latest Receipts: The vendor should supply the most recent property tax receipts.
  • Verification: Verify the receipts with the local municipal authorities to guarantee authenticity.

5. Building Plan Approval

To purchase a completed property, you must receive building plan approval from the seller. This certificate confirms that the property's construction is legal and has received approval from the local municipal authority.

 

  • Completion Certificate: Request the completion certificate after construction is finished.

6. No Objection Certificate (NOC)

Sometimes, a No Objection Certificate (NOC) from multiple authorities may be necessary. This is especially important when the property is in a restricted or protected region.

 

  • NOC from Authorities: Determine whether the property requires NOCs from the Fire Department, Pollution Control Board, or other relevant authorities.

  • Obtain NOC: Ensure that the vendor has provided all applicable NOCs before registration

7. Power of Attorney (If Applicable)

If the property transaction is being handled by a representative, a Power of Attorney (PoA) document is required. This paperwork allows the representative to act on behalf of the buyer or seller.

 

  • Registered PoA: Ensure the Power of Attorney is registered legally.

  • Verification: Verify the legitimacy of the Power of Attorney to avoid any legal issues.

8. Identity Proof of Buyer and Seller

The buyer and seller must produce proper identity documentation to confirm their identities. Commonly acceptable documents include:


  • Aadhaar Card
  • Passport
  • Voter ID Card
  • PAN Card

Ensure that the identity verification provided is valid and matches the information in the Sale Deed.


9. Address Proof of Buyer and Seller

In addition to identification, the buyer and seller must provide evidence of address. Accepted documents for address proof are:


  • Aadhaar Card
  • Passport
  • Utility Bills (Electricity, Water, etc.)
  • Driving License

Make sure the address evidence is current and authentic.


10. Passport-Sized Photographs

Both the buyer and seller must furnish passport-sized pictures during the registration procedure. These images will be attached to the sale deed and other relevant papers.

  • Recent Photographs: Ensure that the images are recent and reflect the appearance of the people involved.

  • Multiple Copies: Maintain numerous copies of the images for submission.

11. Payment Receipts

If you are paying in instalments or have made an advance payment, you should request payment receipts from the seller. These receipts are proof of the transactions that occurred and should be kept safe.


  • Bank Statements: If the payment was paid via bank transfer, save the bank statements as proof.

  • Receipt Verification: Ensure all receipts are signed by the seller and correspond to the payment information.

12. Demand Draft/Challan for Stamp Duty and Registration Fee

To finish the registration process, pay the stamp duty and registration cost. The payment is typically made via a demand draft or challan.


  • Calculate Fees: Calculate stamp duty and registration fees depending on the property's market value.

  • Payment Proof: Maintain the demand draft or challan as proof of payment.

Conclusion

Property registration in Chennai involves a series of legal steps, and having the right documents is crucial for a successful and smooth process. By ensuring that you have all the documents, from the Sale Deed to the Encumbrance Certificate, you can avoid potential legal issues and establish clear ownership of the property. Always consult with a property lawyer to guide you through the process. Proper preparation and attention to detail will help you complete the property registration without any hassles.


Location: Arumbakkam, Chennai, Tamil Nadu 600106, India

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