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About Sale Deed Registration
The registered sale deed is a legal document by which a seller transfers ownership of his property to a buyer, it is very important evidence for both parties. Moreover, it also acts as evidence of the transfer of ownership of property. The owner's right, title and interest in the property are transferred to another owner by the sale deed. It is a registered sale deed that proves that one property owner has transferred his property to another person.
An unregistered sale deed is not admissible because it is a compulsorily registrable document. A sale deed has no validity if it is not registered. The owner cannot claim ownership by an unregistered sale deed. Similarly, a sale agreement has validity if its term is extended.
Before registering the sale deed ensure that there is no outstanding payment of khajna, property maintenance charges, property tax, electricity bill, water bill, etc. for the property. The property owner must pay all outstanding amounts before the transfer of ownership of the property.
MEANING OF ESSENTIAL TERMS USED IN A SALE DEED
It is important to understand the meaning of essential terms used in a sale deed for property transactions. These terms define key aspects and legal obligations related to the transfer of ownership. The following are descriptions of the meanings of the terms used in a sale deed.
1) Title: Legal ownership rights or interest in the property.
2) Seller: The current owner of the property who is selling it.
3) Buyer: The person or entity purchasing the property from the seller.
4) Drafting: The process of preparing the sale deed, including its content and legal language.
5) Sale Agreement: A preliminary agreement between the buyer and the seller outlining the terms and conditions of the sale, which may include the purchase price, payment terms, and other relevant details.
6) Recital of Sale Deed: The introductory part of the sale deed that provides background information about the seller, buyer, and the property, including their identities, intentions, and details of the transaction.
7) Covenants: Agreements or promises made by the buyer and seller regarding specific obligations and responsibilities related to the property.
8) Property: The land, house, apartment, or any other real estate being bought and sold.
9) Consideration: The amount of money or any other form of value exchanged between the buyer and the seller as part of the property transaction.
10) Mode of Payment: The method through which the buyer will make the payment for the property, such as cash, cheque, bank transfer, or a combination of these.
11) Encumbrance: Any legal or financial liability or claim on the property, such as mortgages, liens, or easements.
12) Possession: The physical control and occupancy of the property by the buyer after the sale deed registration.
13) Transfer of Ownership: The process of transferring the legal rights and ownership of the property from the seller to the buyer.
14) Execution: The process of signing the sale deed by the seller and the buyer in the presence of witnesses, thereby indicating their consent and agreement to the terms of the transaction.
15) Schedule of Property: A section of the sale deed that describes the property being sold in detail, including its boundaries, measurements, and any improvements or structures on it.
16) Common Area: In the context of a sale deed for a property in a multi-unit building or housing society, the common area refers to the shared spaces and amenities accessible to all the residents, such as lobbies, corridors, parking areas, or common gardens.
17) Stamp Duty: A tax levied on the sale deed document, payable by the buyer, based on the property's value and local regulations.
18) Registration Fee: The fee paid to the government authority for the registration of the sale deed and the transfer of ownership.
19) Registration Date: The specific date on which the sale deed is officially registered with the relevant government authority, marking the legal transfer of ownership from the seller to the buyer.
20) Book Number: The index book or register in which the sale deed is officially recorded during the registration process.
21) Volume Number: The serial number of the index of registered deeds. It represents the sequential order in which the sale deeds are indexed and helps in searching for previously registered deeds by the name of the parties involved and the dag or plot number of the land.
22) Pages: The specific page numbers within the registration index book where the sale deed is recorded.
23) Deed Number or Being Number: The unique identification number assigned to the sale deed for the purpose of tracking and referencing the document in official records.
24) Registration Year: The calendar year in which the sale deed is registered.
25) Date of Execution: The date on which the sale deed is signed by the seller, buyer, and witnesses, indicating their consent and agreement to the terms of the transaction.
DOCUMENTS REQUIRED FOR SALE DEED REGISTRATION IN WEST BENGAL
This is a general list of documents required for the registration of a sale deed in West Bengal. It is important to note that the specific requirements may vary based on the circumstances of the transaction and local regulations. Therefore, it is advisable to conduct a necessary examination based on the transaction and local laws. The following comprehensive list outlines the commonly required documents for sale deed registration:
1) DOCUMENTS REQUIRED FOR LAND AND HOUSE PURCHASE:
a) Title Deeds (Chain deed): Establishing the ownership history of the property.
b) Power of Attorney (if exist): If the property was bought or sold through a power of attorney.
c) Parcha (C.S, R.S, and L.R.): Land records issued by the B.L.R.O (Block Land and Revenue Officer), showing details such as the name of the owner, survey numbers, Khatian number, amount of land, nature or character of land, ownership nature, and land revenue records.
d) Mutation Certificate: Document confirming the transfer of ownership in the revenue record from the previous seller to the present seller.
e) Latest Property Tax Receipt: Proof of payment of property taxes up to the current date.
f) Latest Khajna Receipt: Receipt for payment of land revenue or taxes.
g) Death certificate (if recorded owner is deceased): If the recorded owner has passed away, their death certificate is required.
h) Legal heirs Certificate (if recorded owner is deceased): Document establishing the legal heirs of the deceased owner.
i) Site Plan of the land: Showing the layout and boundaries of the land.
j) No Objection Certificate (if land is under the society): Required if the land is under the jurisdiction of a society.
k) Court Order (if property dispute resolved by court): If any property dispute was resolved by a court, the court order is necessary.
l) Sanction Building Plan (for house only): Approval for the construction of the house by the appropriate authority.
m) Property Search report: Report verifying the property's legal status and any encumbrances.
2) DOCUMENTS REQUIRED FOR FLAT PURCHASE:
a) All the documents mentioned for land purchase (as listed previously).
b) Power of Attorney (if exist): If the flat was bought or sold through a power of attorney.
c) Development/Joint Venture Agreement: If applicable, an agreement between the present landowner and the developer to develop or construct a multi-storied apartment on the land owned by the present owner, with the cost borne by the developer.
d) Development Power: Authority given by the present landowner to the developer for the development, construction, and sale of the flats in the constructed building.
e) Sanction Building Plan: Approval for the construction of the flat building by the appropriate authority. This document verifies that the building plan complies with the relevant building regulations and has been sanctioned for construction.
f) Floor Plan: Plan indicating the layout and dimensions of the purchased flat.
g) Allotment Letter: Letter confirming the allocation of the flat to the buyer, issued by the apartment society.
h) Possession Letter: Letter granting possession of the flat to the present seller.
i) Occupancy Certificate: Certificate issued by the appropriate authority certifying that the building is fit for occupancy.
j) Mutation Certificate: Document confirming the transfer of ownership in the revenue record from the previous seller to the present seller.
k) Latest Property Tax Receipt: Proof of payment of property taxes up to the current date.
l) Death certificate (if recorded owner is deceased): If the recorded owner has passed away, their death certificate is required.
m) Legal heirs Certificate (if recorded owner is deceased): Document establishing the legal heirs of the deceased owner.
3) PERSONAL INFORMATION AND DOCUMENTS OF THE PARTIES INVOLVED:
a) Self-attested KYC documents (Voter Card, Aadhaar Card, Pan Card) of all parties involved.
b) Recent Passport-size color photographs of all buyers and sellers.
c) Name and postal address of all sellers, buyers, and two witnesses.
d) Incorporation certificate of the company and board resolutions (if applicable).
e) Photo identity proof (Aadhaar card, Voter’s ID card) of two witnesses.
f) Signatures and Thumb impressions of all parties involved.
ESSENTIAL KEY ELEMENTS OF THE SALE DEED
The essential key elements of a sale deed are described below:
1) DETAILS OF THE PARTIES:
A sale deed involves two parties, one called the vendor and the other called the purchaser. A sale deed should contain details of the vendor and the purchaser, such as name, age, address, occupation, religion, PAN card number, Aadhaar card number, mobile number, etc. If the vendor and the purchaser wish to transact through their lawful attorney then the details of the said attorney must be mentioned. A sale deed has to be signed by two witnesses and their details must also be mentioned.
2) PROPERTY DESCRIPTION:
This is one of the most important parts of the sale deed. A sale deed must specify a thorough description of the property. It is not enough to simply describe the measurements of the purchased property, a thorough description of the property location is required. Property details are mentioned in the property schedule section of the sale deed. If there is any mistake in this section, you will have to face ultimate problems in the future. A site plan or floor plan is attached to the deed to define boundaries.
3) SALE CONSIDERATION:
The buyer must pay the consideration price of the property to the seller while registering the sale deed. It is the responsibility of the buyer to pay the exact selling price of the property to the seller. If the buyer fails to pay the exact sale price that was agreed between the parties, the sale deed can be canceled on the complaint of the seller. If there is any advance payment through the sale agreement, it should be mentioned.
4) DELIVERY OF POSSESSION:
Delivery of possession is an important clause in the sale deed. This clause in the sale deed makes it clear that the seller is transferring the ownership of his property to the buyer. The seller is bound to hand over possession of the property to the buyer after completing the registration process. Even if this clause is mentioned in the sale deed itself, a document called a position letter must be signed by both parties at the time of delivery of possession of the property. A sale deed has no legal validity until the possession of the property is delivered.
5) INDEMNITY CLAUSE:
This provision is added to a sale deed to ensure that a property is sold without any problems. By this clause, it is ensured that when the property is sold to the buyer, it is free from all encumbrances. The property is free from all encumbrances means the seller has paid all charges such as loan, property tax, electricity bill, water bill, society charges, maintenance charges, cess, etc. The seller must ensure that there are no lawsuits against the property.
BENEFITS OF REGISTERED SALE DEED
The benefits of the registered Sale Deed are as follows:
1) Legal documentation: Registered sale deed records all sale and purchase details, ensuring legal compliance and validity.
2) Transparency: Registered sale deed fosters trust and openness by clearly documenting transaction terms.
3) Evidentiary value: Registered sale deed acts as crucial evidence in future disputes or issues.
4) Legal enforceability: Registered sale deed is a binding and enforceable legal document.
5) Rights protection: Registered sale deed safeguards buyer and seller rights as per the law.
SALE DEED REGISTRATION PROCESS
The process of registering a sale deed involves several important steps. Here is a breakdown of the sale deed registration process:
Step 1: DRAFTING: Drafting the sale deed is the most important task. A sale deed should be drafted by an expert senior property lawyer who knows how to include every valid detail and it must be printed on non-judicial stamp paper. If there is any mistake in the drafting, then you will have to face many problems in the future.
Step 2: PAYMENT OF STAMP DUTY AND REGISTRATION FEE: Stamp duty and registration fee are to be paid after verification of the draft copy of the sale deed with the concerned Sub-Registrar officer. The Sub-Registrar refused to register the sale deed until full stamp duty was paid.
Step 3: VISIT REGISTRAR OFFICE: The parties involved in registration must visit the jurisdictional Sub-Registrar’s office for registration of the sale deed. The parties can also complete the registration process with their lawful attorney. In this case, the attorney has to appear before the Sub-Registrar.
Step 4: APPEARANCE: The seller, buyer, and two witnesses have to appear before the Sub-Registrar within whose jurisdiction the property is situated.
Step 5: PRESENTATION OF DEED: The lawyer will submit the original copy of the sale deed along with all relevant documents before the concerned Sub-Registrar for registration of the sale deed.
Step 6: REGISTRATION: The Sub-Registrar concerned will verify the original copy of the sale deed along with all relevant documents and after being satisfied, the Sub-Registrar will allow for the biometric collection and complete the sale deed registration process.
Step 7: DELIVERY: After completing the registration process, the Sub-Registrar’s office will return the original copy of the deed that was submitted by your lawyer at the time of registration.
ESSENTIAL POINTS TO REMEMBER DURING SALE DEED REGISTRATION PROCESS
While registering a property, there are several important factors to keep in mind to ensure a smooth and successful registration process. Here are some key considerations:
1) Document Preparation: Ensure all necessary documents are in order, including the sale deed, identity proofs, property-related documents, and any other required legal papers. Have them organized and ready for submission.
2) Verification of Title: Prior to registration, conduct a thorough verification of the property's title to ensure there are no legal disputes, liens, or encumbrances. This step helps protect your interests as the buyer and ensures a clean transfer of ownership.
3) Payment of Stamp Duty and Registration Fees: Calculate and arrange for the payment of stamp duty and registration fees in advance. These fees are typically based on the property's market value and must be paid to the authorities before registration.
4) Clear Understanding of Terms and Conditions: Familiarize yourself with the terms and conditions mentioned in the sale deed. Ensure that you fully understand the rights, responsibilities, and obligations associated with the property transfer.
5) Follow Government Guidelines: Stay updated with the current rules, regulations, and guidelines set by the local government authorities regarding property registration. Adhere to any specific requirements or procedures outlined by the registration authority.
6) Due Diligence: Exercise due diligence by carefully reviewing all documents, cross-checking details, and seeking clarifications on any unclear or ambiguous clauses. It is essential to be well-informed and confident before proceeding with the registration.
SALE DEED REGISTRATION CHARGE
A Sale Deed registration charges in West Bengal depend on the market value of the property and the percentage of stamp duty and registration charge payable on the market value. The percentage of stamp duty depends on the location of the property in West Bengal. If the property is located in an urban area then the stamp duty is to be paid one percent higher than in rural areas but the registration fee remains unchanged.
After a two percent rebate on stamp duty, the current percentage of stamp duty and registration fee for sale deed registration in West Bengal are as follows:
• Stamp duty for urban areas is 4% of the total market value.
• Stamp duty for rural areas is 3% of the total market value.
• An additional 1% stamp duty is payable in both urban and rural areas if the market value of the property exceeds 1 (one) crore.
• Registration fee is 1% percent of total market value for both urban and rural areas.
REFUND OF FEES PAID: If the registration of the sale deed is cancelled, the buyer can get back the stamp duty and registration fee paid by him, but in this case, he has to go through some process and the refund will be made to the same bank account used at the time of payment.
Yes, according to the Registration Act, property registration becomes mandatory if the value of the immovable property is Rs 100 or more.
What are the documents required for sale deed drafting ?1) Sale deed in the name of present owner.
2) Link deed / Chain deed
3) Development agreement
4) Power of attorney
5) Property tax receipt
6) Parcha
7) Apart from this, all the documents related to the property
The following personal details are required for sale deed drafting -
1) Name
2) Place of residence or address
3) Mobile Number
4) Profession
5) Nationality
6) Father’s, husband’s or mothers name
7) PAN Card, if the value of the property is 10 lacs or more than 10 lacs.
8) Voter Card
9) Aadhar Card (if any)
Yes, the buyer and the seller have to come to the office for the presentation of the sale deed. If the seller and the buyer cannot be present in person for any reason, their attorney must be present in the office on their behalf.
What if I do not register the sale deed?An unregistered sale deed has no legal validity and the buyer cannot claim ownership of the property. An unregistered sale deed is not admissible as evidence in court.
How many witnesses are required at the time of registration of the sale deed?Two witnesses are required for registration of the sale deed and they must attain the age of majority.
Does the witness have to be present at the registry office at the time of registration?Yes, two witnesses have to be present at the registry office at the time of registration.
Can the sale deed be registered in a private residence?If the seller and the buyer cannot attend the Sub-Registry office in person for any reason, the Sub-Registrar himself will come to the personal residence of the buyer and seller to complete the registration process. In case of registration of sale deeds at private residences, the application form for the Visit Commission must be submitted to the office of the registrar. For commission registration, the fee has to be paid according to the distance from the registry office to the private residence.
Is it possible to register the sale deed if the buyer and seller are unable to visit the office?Yes, the Sub-Registrar himself will complete the registration process by visiting the personal residence of the seller and buyer. The buyer and the seller can register their sale deed by appointing a power of attorney holder on their behalf.
What are the charges for property registration?The buyer has to pay stamp duty and registration fee on or before registration of the sale deed. After deducting the prescribed amount for non-judicial stamp paper from the total amount of stamp duty, the remaining stamp duty is to be paid online along with the registration fee. After payment of the stamp duty and registration fee, an e-challan will be generated which will serve as proof of stamp duty payment and the e-challan will be used for sale deed registration. The percentage of stamp duty varies from state to state but the registration fee is usually 1% of the transaction value.
How to pay stamp duty & registration fee?You have to pay stamp duty and registration fees online.