Registering of immovable property should be the top priority when buying a house or land as it proves your legitimacy to carry out any transaction. Property registration is one of the important processes for both the parties – the seller and the buyer. Registration completes the ownership of a property. A person is considered as the legal owner of a property only after he registers the property in his name.
As per Section 17 of the Indian Registration Act, 1908 it is mandatory to register the agreement / deed regarding the transfer, sale, gift or lease of a property. Therefore, we should understand the process thoroughly before we shift to a new address.
After the completion of the registration process of the property, it becomes a permanent public record. The registration process involves the preparation of the sale deeds, paying the applicable stamp duty and property registration fees for the deed. After payment of the fees, the Sub-Registrar Office (SRO) of the area will record the deed legally. The Inspector General of Registration, Revenue & Disaster Management, Government of Assam, manages the registration of property/deed in Assam.
Here are the steps to follow the registration of property:
Preparation of Final Deed
Before applying for Assam property registration, the sale deed needs to be prepared by the lawyer hired by the purchaser. Then the lawyer produces the document on green paper leaving the date and place blank and submits for stamping. The fee for the lawyer is around 1% of the property value. We can prepare the deed/document for registration personally or through document writers by paying the applicable fee. Fee for deed writers will be based on the value of the property specified in the deed/document.
The sub-registrar office (SRO) can refuse to register the immovable property if the language prescribed in the document is not commonly used in the districts of Assam. There is a provision to provide an accurate translation into the Assamese language for it to be accepted for registration.
Payment of Fee / Duty
The stamp duty is a kind of tax that needs to be paid at the time of property registration. The purchaser needs to pay this legal tax as proof of purchase of immovable property or registration of deed in Assam. One has to deposit the amount in the designated bank. The designated bank issues a receipt and marks the first page of the printed sale deed with the stamp duty received.
For registering property in Assam, the applicant needs to pay a registration fee along with stamp duty to Government. After the successful payment of stamp duty and registration fee, you will be provided with an e-Stamp paper, which needs to be attached along with the application. This printed sale deed with stamp duty details will then be executed.
Submission of Documents
The purchaser needs to submit duly filled application of Assam Property registration and all other supporting documents at the SRO. On submission of application, the purchaser will get an acknowledgement slip, which contains a unique number and date for visiting the SRO for verification.
The seller and the purchaser must be present along with two witnesses in the SRO on the given date and time with original documents. The cashier of the designated bank will take the due registration fee against a receipt. After completion of fees deposit, the sub-registrar officer will verify the following documents.
- Examination of proper stamp duty
- Examination of registration charges
- Documents verification
- Oral confirmation of transaction
- Checking of entries made by the clerk
After verifying the documents, the SRO marks the deed and update details of document data; bio-metrics and signatures of the buyer, seller and witnesses in the revenue records; maintained by the Assam Government and register the property.
Apply for mutation of Property Title
After receipt of the registered deed, the purchaser needs to apply to the Land and Survey Office of Municipal Authority for mutation of the title of the property in his or her favour. The authorized signatory has to submit the duly signed application along with the affidavit, indemnity bond, and a certified copy of the registered deed. After the assessment of the request for mutation, the Land & Survey Office decides the value for levying tax on property and then issues a letter of mutation in favour of the purchaser.
The Registration process is a very important process that one should know for transferring ownership of an immovable property. We hope this article will help you to know about the whole property registration process in Assam.