How to Transfer Property ID in Haryana: A Complete Step-by-Step Guide

How to Transfer Property ID in Haryana: A Complete Step-by-Step Guide

LegalKart Editor
LegalKart Editor
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Last Updated: Oct 19, 2024

Property transfers in Haryana, whether through sale, inheritance, or gifting, require updating the property records with the authorities. The process not only ensures that the rightful owner is recorded but also updates the Property Identification (ID) with the new owner's details. The state of Haryana has streamlined the property transfer process through both offline and online platforms, making it easier for individuals to update their records.

Before diving into the transfer process, it's essential to understand what a Property ID is and why it's crucial in property transactions.

What is a Property ID?

A Property Identification Number (Property ID) is a unique number assigned to a property by the municipal authorities in Haryana. This number is used to keep track of property records, including ownership details, tax payments, and other relevant information. The Property ID ensures that each property is distinctly recognized in official records, preventing disputes and confusion.

Importance of Transferring Property ID

Transferring the Property ID is vital for several reasons:

  • Legal Ownership: Properly registering the transfer ensures that the new owner’s name is recorded in government records.

  • Avoiding Legal Disputes: An updated property record protects the owner from future disputes or claims by previous owners or third parties.

  • Eligibility for Loans: Having a clear title in the updated property records allows the owner to leverage the property for loans or mortgages.

  • Taxation: Property taxes will be billed to the new owner once the transfer is complete, preventing issues with unpaid taxes.

Types of Property Transfers

Before diving into the process, it's essential to understand the various types of property transfers. In Haryana, property can be transferred in the following ways:

  • Sale: Transfer of property from a seller to a buyer, typically through a sale deed.

  • Inheritance: Transfer of property through a will or by legal inheritance in case of the owner’s death.

  • Gift: Transfer of property as a gift deed, where one person voluntarily gives property to another without any consideration.

  • Partition: Property transfer among family members in case of partitioning ancestral property.

Prerequisites for Transferring Property ID

Before starting the transfer process, gather all the necessary documents and understand the eligibility criteria.

Documents Required

  1. Sale Deed or Transfer Deed: The legal document that records the transfer of ownership.

  2. Previous Property Tax Receipts: Proof that all taxes have been paid up to the transfer date.

  3. No Objection Certificate (NOC): From the relevant housing society or authority, if applicable.

  4. Identification Proof: Aadhaar Card, PAN Card, or Passport of both the seller and the buyer.

  5. Photographs: Recent passport-sized photographs of both parties.

  6. Affidavit: Stating the transfer of property and absence of any encumbrances.

  7. Mutation Application Form: Available at the municipal office or online.

Eligibility Criteria

  • Legal Ownership: The seller must have legal ownership of the property.

  • Clear Title: The property should be free from disputes and encumbrances.

  • Tax Compliance: All property taxes should be paid up to date.

Steps to Transferring Property ID in Haryana

Step 1: Obtain the Necessary Documents

Before starting the transfer process, ensure you have the required documents. Here's a list of the essential documents for transferring Property ID:

  • Sale Deed or Transfer Deed: The legal document that establishes the transfer of ownership.

  • Property Tax Receipts: Ensure that all property taxes are paid up to date.

  • Identity Proofs: Both the transferor and transferee will need to provide identity proof (Aadhaar card, PAN card, passport).

  • Proof of Ownership: Copies of previous title deeds or registration documents to prove ownership.

  • NOC (No Objection Certificate): From relevant authorities, if applicable (especially in cases of inheritance or gifts).

  • Encumbrance Certificate: To prove that the property is free of any legal or financial liabilities.

Step 2: Register the Sale Deed/Transfer Deed

Once all documents are in place, the next step is to register the sale deed or transfer deed with the sub-registrar’s office in the jurisdiction where the property is located.

  • Visit the Sub-Registrar’s Office: The buyer and seller (or their representatives) need to be physically present for the registration.

  • Submit the Sale Deed: The document is signed by both parties and witnesses.

  • Pay the Stamp Duty and Registration Fees: The registration process requires payment of stamp duty and fees, which vary based on the property value.

  • Biometric Verification: Haryana has introduced biometric verification for property transactions to enhance security and prevent fraud.

Step 3: Apply for Mutation of Property

After the sale or transfer deed is registered, the new owner must apply for the mutation of the property. Mutation is the process of updating the ownership details in the land revenue records, ensuring that the new owner is reflected in official property records.

  • Where to Apply: Mutation can be done at the local tehsil or through the online Web-HALRIS platform.

  • Documents Required: You'll need the registered sale deed, property tax receipts, and a copy of the buyer's ID proof.

  • Processing Time: The mutation process usually takes 15–30 days, during which the authorities will verify the documents.

Step 4: Verification and Inspection

Once the application for mutation is submitted, the local authorities will verify the documents and may conduct an inspection of the property. This is to ensure that all the provided information is accurate.

  • Field Inspection: In some cases, revenue officers may visit the property to confirm the details.

  • Report Submission: The inspection report will be submitted to the relevant authority for approval.

Step 5: Issuance of New Property ID

Once the mutation process is complete, the authorities will issue a new Property ID in the name of the transferee (new owner). This updated ID reflects the new ownership and is essential for future transactions or dealings with the property.

  • Receive Updated Records: The new Property ID is now officially in the name of the buyer or recipient.

  • Download or Collect Records: The updated property documents can either be collected from the office or downloaded online through Haryana’s land records portal.

Key Legal Framework for Property Transfers in Haryana

The property transfer process in Haryana is governed by several legal statutes, including:

  • The Transfer of Property Act, 1882: Governs the transfer of property by sale, mortgage, lease, exchange, or gift.

  • The Registration Act, 1908: Mandates the registration of property documents to be legally recognized.

  • Haryana Urban Development Authority (HUDA): Provides guidelines on the transfer of properties under its jurisdictions.

  • Punjab Land Revenue Act, 1887: Applies to rural areas, outlining rules for property mutation and records.

These laws ensure the transparency and legality of the transfer process.

Online Property Transfer in Haryana: e-Disha and Web-HALRIS Portals

Haryana has made strides in digitizing property transactions. Through the e-Disha and Web-HALRIS portals, you can initiate property transfers and apply for mutation online.

  • e-Disha: This portal offers a wide range of public services, including property transfer applications.

  • Web-HALRIS: This portal provides access to Haryana's land records, where you can check mutation status, download records, and view property details.

Common Challenges and How to Overcome Them

Transferring property can involve several challenges, such as:

  • Incomplete Documentation: Missing documents or errors in paperwork can delay the process. Make sure all documents are accurate and complete.

  • Legal Disputes: Any ongoing legal dispute related to the property must be resolved before the transfer.

  • Delays in Mutation: Follow up with the authorities regularly to ensure that the mutation process proceeds smoothly.

Fees and Charges Associated with Property ID Transfer

When transferring a Property ID in Haryana, several fees apply:

  • Stamp Duty: Paid during the registration of the sale deed. The rate varies based on the property type and value.

  • Registration Fees: A nominal fee for the registration process.

  • Mutation Fees: Fees for the mutation process are charged by the local municipal or revenue authority.

Important Tips and Considerations

Avoid Common Mistakes

  • Incorrect Information: Double-check all details in the application form.

  • Incomplete Documents: Ensure all required documents are submitted.

  • Delayed Payments: Pay all fees promptly to avoid delays.

Timeframe for Completion

  1. The entire process may take anywhere from 15 to 30 days.

  2. Delays can occur due to incomplete information or high workload at the municipal office.

Contact Details for Assistance

  • Municipal Corporation Helpline: Contact for queries related to the mutation process.

  • Online Support: Use the help section on the Haryana property portal.

Conclusion

Transferring the Property ID in Haryana is a critical step in establishing legal ownership and ensuring all property-related records are up-to-date. By following this comprehensive guide, you can navigate the process with confidence, whether you choose to complete it in person or online. Always remember to keep copies of all documents and receipts, and don't hesitate to seek assistance from municipal officials or a legal professional if you encounter any issues.

Frequently asked questions

How long does the mutation process take in Haryana?

The mutation process typically takes 15 to 30 days, depending on the verification and inspection procedures.

 

Is mutation mandatory after transferring property?

Yes, mutation is crucial to update the land records with the new owner's details. Without mutation, the property will still be listed under the previous owner's name in revenue records.

 

Can the transfer of property be done online in Haryana?

Yes, Haryana has made property transfers easier with online platforms like e-Disha and Web-HALRIS.

 

What happens if mutation is not done after the transfer?

If mutation is not done, the property remains in the name of the previous owner in the land records, leading to potential legal complications in the future.

 

Can property be transferred without paying stamp duty?

No, the transfer of property requires the payment of stamp duty. It is a mandatory government charge.

 

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Frequently asked questions

How long does the mutation process take in Haryana?

The mutation process typically takes 15 to 30 days, depending on the verification and inspection procedures.

 

Is mutation mandatory after transferring property?

Yes, mutation is crucial to update the land records with the new owner's details. Without mutation, the property will still be listed under the previous owner's name in revenue records.

 

Can the transfer of property be done online in Haryana?

Yes, Haryana has made property transfers easier with online platforms like e-Disha and Web-HALRIS.

 

What happens if mutation is not done after the transfer?

If mutation is not done, the property remains in the name of the previous owner in the land records, leading to potential legal complications in the future.

 

Can property be transferred without paying stamp duty?

No, the transfer of property requires the payment of stamp duty. It is a mandatory government charge.

 

Online Consultations

LegalKart - Lawyers are online
LegalKart - Lawyers are online
LegalKart - Lawyers are online
+144 Online Lawyers
Lawyers are consulting with their respective clients
+21 Online Calls
Talk To Lawyer Or Online Consultation - LegalKart