• Disclosing any defects in the property to the buyer.
• Producing before the buyer, on their demand, all the legal documents as to the seller's property title.
• Answering all the buyer's questions about the property.
• Taking care of the property and all the relevant documents in the period between the date of contract and the date of delivery of the property.
• Paying all the rents, government fees, dues, etc., up to the date of sale of the property.

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After-Sale of Property

There are a few duties of the seller after the sale of the property. They are as follows:

• The seller is bound to deliver the possession of the property after the sale to the buyer.
• Through the contract with the buyer, the seller's interest has professed to transfer to the buyer will exist, and the buyer will have the right to transfer the same.
• If all of the purchase money has been paid by the buyer, the seller is bound to deliver all documents of title relating to the property in the seller's possession.

Documents required for selling your house

As already mentioned above, under TPA, the seller is mandatorily required to produce all the relevant documentation before the buyer. A bunch of property-related disputes arises due to the lack of proper documentation. Thus, it is crucial from both the seller's and buyer's perspectives to give the requisite attention to the documentation of the deal.

• The documents required for the selling of a tangible immovable property (such as a house), are as follows:
• Letter of allotment: This is the document that conferred the allotment of the property which is in possession of the seller, who had purchased this property from a relevant society or authority.
• Sale Deed: All the original sale deeds from the previous owners of the property who have handed it down to the current owner (the seller). This helps in tracing the property title chain. The seller should have an original sale deed. It is compulsory under the law that the seller needs to have all the previous agreements.
• Sanctioned Plan:  The seller also needs to have the approved building plan and occupation certificate by the local municipal authority or any other competent authority.
• Society Documents: The seller must seek the permission of the relevant competent authorities (development authority or society) before selling the house. For example, if the seller lives in a gated community, then he/she must obtain a NOC (no-objection certificate) from the housing society or governing body.
• Encumbrance certificate: This certificate is required as an indication of free title. This is because while buying a house or apartment, the buyer wants to ascertain no legal dues.
• Sale Agreement: Lastly, but most importantly, after both the parties have arranged the documentation, the terms and conditions for the agreement for selling the property can be laid down. This agreement shall be the blueprint and precede the execution of the sale deed and hence is extremely important.

The procedure of selling your house

We've already discussed the documentation process, one of the most important parts of the procedure. There are other practical and/or legal aspects to the procedure, which includes the following:

• Valuation of Your house: Make a good estimate of the value of your house. For this purpose, you can either consult a real estate agent or self-assess the property by researching the prevailing market rate in the society or locality where your house is located.
• Find a buyer: The next step is to find a person who is ready to buy your house.
• Intimate your intentions to the governing body: As mentioned already, you must seek approval from the housing society where the house is located by getting a NOC.
• Prepare the house: You can now stage your house for potential buyers to visit. For this purpose, ideally, you should vacate the house and do renovation or repair work on the same.
• Finally, list the property: Now, you can finally list the property for sale on online platforms or seek the help of brokers who can help you find buyers.

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Conclusion

Every seller needs to know such intricacies before proceeding to sell their house. Unless the seller is well-informed regarding such details, they can be taken for a ride by the buyer. The whole idea is to avoid being in that position as a seller.

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House Registration Process

You will have to register your house with the local Sub-Registrar of Assurances, who has jurisdiction over the locality in which your house is located. 

Most states now allow some steps of house registration online. Depending on your State, a house registry online will be available for some (but not all) house registration procedure steps. For the remaining step[s] of the online house registry, you will need to visit the Sub-Registrar’s Office. Even in states which allow the maximum number of steps online, you have to make a single visit to the Sub-Registrar’s office.

Also read:  Stamp duty and registration charges are mandatory: Buyers should take utmost care on this front

The process typically involves the following steps:

1. Book an appointment. You will get an appointment letter. 

2. Pay the prescribed registration fees. You will get a receipt for the fees paid. 

3. Present/Upload a copy of the transfer deed (the legal document by which you acquired the property, such as a Sale Agreement) and the identity proofs of the parties and witnesses. 

4. The parties, and the witnesses, have to be physically present at the Sub-Registrar’s office at the date, and time, mentioned in the appointment letter. If all documents are in order, the Sub-Registrar will register the deed and return the original deed with the deed's registration number mentioned on it. 

Also read: How to get your property valuation done to ascertain a correct market price

Depending on your State, Steps 1, 2, or 3 can be done online. However, in every State, for Step 4, the parties and the witnesses must be present. 

The online house registration procedure for a rented house is the same as the online house registration procedure for any other house. 

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Online House Registration Check List

This online house registry checklist will help you ensure that all the requirements of the house registration procedure fulfilled: 

1. Ensure that the transfer deed (the legal document by which you have acquired your house, such as a Sale Deed, a Gift Deed, etc.) is, in writing, signed by the parties, attested by at least two independent witnesses, and executed on stamp paper of value equal to the stamp duty payable on the transaction. 

2. Pay the registration fees, and take a receipt. If your State allows this step to be done online, carry the receipt with you when you visit the Sub-Registrar’s office. 

3. Some states may require you to present a true copy of the transfer deed. The Registration Rules of your State will specify this and tell you how to make a true copy (if a true copy is required).

4. If this step is allowed to be done online in your State, upload copies of photographs, and identity proofs, of the parties and the attesting witnesses. In any case, carry copies, and originals, of all these documents at the time of visiting the Sub-Registrar’s office. 

5. Ensure that all the parties and the attesting witnesses are present at the Sub-Registrar’s office on the appointment date and time. 

6. The original transfer deed will be returned to you. If registration has been successfully done, ensure that the registration number is mentioned on the original deed with the Sub-Registrar's seal and signature

Conclusion

Online house registration in India has made the process of property registration simpler and more convenient for property buyers. It has reduced the need for physical visits to the sub-registrar's office and long wait times. Online house registration allows buyers to schedule appointments and make payments online, reducing the need for physical cash transactions. With the introduction of online house registration, property buyers can complete the registration process quickly and efficiently, saving them time and effort. Additionally, it has increased transparency and reduced the scope for fraudulent practices, making property transactions safer and more secure.

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Registration of Old Property

Registration of old property was slightly different than the properties bought recently. While the law governing was the same, the facilities of online procedure were not available. Registration should be completed within four months of execution of the transfer. Before technology was used, the documents submitted took four months to be returned from the registrar’s office. However, the new registration rules in 2019 and 2020 enable the documents to be returned the same day. It is easier to register a property in the present times than it was to register an old property.

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Types of Land Registration

Registering property is the last and most important step after one has bought the property. If your property is not registered in your name then it would be difficult to prove ownership in the courts. If in the future some dispute arises then it is essential to have the property registered in your name. There are various ways in which you can register immovable property such as land:

1. Full Property Value: It is one of the simplest and most straightforward ways to execute a property registry. You register your property at the full value which you have paid for the same.

2. Property Value is Higher than Circle Rate: You can register at the full property value if the value is higher than the circle rate.

3. Property Value is Less than Circle Rate: You may register a property which is less in value than the circle rate. However, the difference between the circle rate and the actual sale value of the property is considered as income and is taxed at rates appropriate to the income slab.

4. Bank Valuation: While In some cases, banks insist borrowers register the property at either full property value or higher value.

5. Sale Certificate: Applicable only in the case of bank auction properties.

6. Undivided Share Value/Sale Agreement Value: To register a property at Undivided Share (UDS) is the most common practice. For an under-construction property, the builder signs two agreements with the buyer which are the Sale Agreement and Construction Agreement. The construction agreement is towards the construction cost of the flat/property. Builders register the property at sale agreement value or UDS. This practice is adopted to save stamp duty costs.

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New rules for Property Registration in India 2023

The documents to be registered must be presented in four months starting from the registration date. As of 2023, due to computerization, copies of the documents are available on the same day. If a property is not registered, it will not serve as valid evidence in court. Unregistered property has no legal validity. In case the property is acquired by the government one cannot be entitled to compensation if the property has not been registered.

Stamp Duty Charges & Property Registration in India, 2023

Stamp duty which is a tax imposed by the government on the parties dealing in property transfer and is charged by the central and state government. The purchasers must pay the stamp duty charges on the agreement of sales that falls under Section 3 of the Indian Stamp Act, 1899.

Stamp Duty charges differ upon state rules also depends upon:

• Property Status: Old or New
• Property Location: rural area, City area, etc.
• Owner’s age
• Owner’s gender
• Property utilization: Commercial or Residential
• Property type: Flat or house

Property Registration Act

In the year 2023, If you have entered into a transaction for the sale of immovable property and the value of such property exceeds INR 100, You need to register the same. Section 17 of the Registration Act, 1908 makes such registration compulsory. The Registration Act also provides for which documents are essential for the registration of property and which are optional. Fees for registration vary according to the state. If a property is not registered then it cannot be produced in the court as proof of ownership. Property should ideally be registered within four months of execution of the transfer. A maximum condonation of further four months may be allowed with the penalty for delay in registration. But the document needs to be presented for registration within eight months of execution of the transfer. 

Property registration is a complex procedure and ideally, help from a lawyer should be taken for the same. You should not delay registering your property and get the same registered within the stipulated time.

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Type of Flats being offered under the scheme and related registration charges

There are broadly four categories or types of flats that have been put for sale by the DDA under the current scheme. They are:

• Higher Income Group (HIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

• Middle Income Group (MIG) – The registration charges or application amount to be paid for this category of flats are Rs. 2 Lakhs.

• Lower Income Group (LIG) – The registration charges or application amount to be paid for this category of flats are Rs. 1 Lakh.

• Economically Weaker Section (EWS) - The registration charges or application amount to be paid for this category of flats are Rs. 25 Thousand.

Some general conditions to be noted are:

• The application once submitted cannot be withdrawn.

• The spouses (husband and wife) can apply either separately or jointly with their spouse(s). However, if they apply separately/individually and both applications are selected in a lucky draw, only one flat will be allotted as per regulations.

• The allotment of flats will happen via draw of lots, the date of which will be announced by DDA in due course.

• The date of allotment will also be announced soon by the DDA.

• The possession of flats will be given after allotment and receipt of the first payment by the DDA.

• The DDA will initiate the refund of payment for an unsuccessful draw after 30 days from the date of draw of lots.

• It is advisable to regularly visit the DDA website for information on the ‘lucky draw’.

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What are the eligibility conditions for putting a DDA housing scheme application?

As per DDA, any applicant interested in putting up an application needs to fulfill the following criteria:

• Only a citizen of India can apply for the scheme.

• Applicant must be over 18 years of age.

• Applicant must not be an existing leasehold or freehold owner or joint owner of residential house or plot of size 67 square meters in Delhi, New Delhi, or Delhi cantonment.

• Applicant must possess an active bank account.

• Applicant must also have PAN Card.

• Annual income of applicant applying under EWS category must not exceed Rs. 3 lakhs.

• Household income of EWS category applicants should not be more than Rs. 10 lakhs.

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What documents are required for submission along with the application?

The applicant needs to submit the self-attested copies of the following documents:

• Address Proof that may include documents like Driving License, Passport, Voter ID, Electricity Bill, Aadhaar Card, etc.

• PAN Card

• Bank Statement or Passbook

• Income Tax Return filed for the assessment year

• Reserved Category certificate, as applicable, issued by a competent government authority

Conclusion

The DDA Housing Scheme is a good opportunity for all those who are planning to buy a reasonable house in Delhi. The scheme has been created keeping in mind the budgetary constraints of people who dream to own a home. With several nationalized government and private banks providing housing loans at prevailing interest rates, the scheme definitely has the potential of being economical for the common citizen. We suggest you evaluate all your options including the legalities involved and register before the deadline ends if it fits your bill.

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Procedure for Flat Registration

A Sale Deed will have been signed by both you and the builder/seller of your apartment when you made the purchase. This Sale Deed needs to be registered with the local Sub-Registrar of Assurances, who is the authority figure for the area that your unit is located in. However, the last step in the registration process must be accomplished in person at the office of the registrar. Flat agreements can be registered online in most states. 

The entire process typically involves the following steps:

• Book an appointment for registering the Sale Deed: You need to register on the government's website and create a Login ID in most states. Then you need to upload the documents and book the appointment.
• Pay the prescribed registration fees.
• Attach copies of the Sale Deed and the identity proofs of the parties and the attesting witnesses.
• The parties, and their attesting witnesses, have to be physically present at the Sub-Registrar's office at the date, and time, of the appointment.

Depending on which state your flat is located in, some of these steps can be conducted online. However, in every state, Step 4 must be conducted offline: one visit to the Sub-Registrar's office for this purpose is necessary.

For instance, for flat registration in Bangalore and the rest of Karnataka, Steps 1, 2, and 3 of the flat registration process can be conducted online on the Kaveri Online Portal. Similarly, for registering a flat in Pune and the rest of Maharashtra, Steps 1, 2, and 3 of the flat registration process can be conducted online on the IGR Maharashtra Portal.

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Flat Registration Fee & Stamp Duty Charges

The exact registration cost for your flat will vary from state to state. Typically, the registration cost is about 1 - 3% of the market value of the flat.

When you purchased your apartment, both you and the builder/seller of the property will have signed a sale deed. This Sale Deed needs to be recorded with the local Sub-Registrar of Assurances, who is in charge of the jurisdiction that encompasses the area in which your unit is situated. The majority of states now offer online registration for flat agreements; however, the final step still needs to be completed in person at the registrar's office.

Documents Required for Registration of Flat

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The following documents are required for the flat registration:

• Appointment letter, obtained after booking an appointment with the respective Sub-Registrar's office.
• Proof of payment of the required registration fees.
• The original Sale Deed for your flat.
• Identity proofs of the parties to, and the attesting witnesses of, the Sale Deed.
• Copy of the Possession Letter issued by the seller/builder

Conclusion: 

To summarise, the flat registration procedure is an essential step that every prospective homebuyer needs to be aware of. It is a legally binding agreement that determines who the owner of the property is and protects the homebuyer's rights to the property. The process of registering a flat requires a variety of different formalities and pieces of documents, both of which can be challenging and time-consuming. To guarantee that everything is in proper order, it is necessary to have a comprehensive comprehension of the procedure and to seek the advice of an experienced legal professional. Homebuyers are able to successfully finish the registration process and steer clear of any potential future legal entanglements if they adhere to the prescribed protocols and procedures and follow all applicable legislation. The knowledge that comes from understanding flat registration can assist homebuyers in making well-informed decisions, safeguarding their financial investment, and providing them with a sense of calm and safety in their brand-new abode.

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What Is A Sale Deed?

Before going further, we must also understand this. It is a legal agreement between the buyer and seller of the property where seller agrees to transfer his or her ownership to the buyer through sale on meeting certain mutually agreed terms and conditions. The important characteristics of a sale deed are:

• A sale deed is one type of a conveyance deed

• A sale deed and an agreement to sell are two different legal documents.

• An agreement to sell does not transfer ownership or title of property from seller to buyer.

• Sale deed includes general terms and conditions of property sale like details about the property being transacted, current owners (seller), new owner (buyers) of property, detail of loans (if any), utility payments like water and electricity, statutory payment like property tax, details of transfer of property title, rights and ownership, agreed amount of transaction and payment mode (full or part) and indemnity clauses.

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What is the Difference Between Conveyance Deed and Sale Deed?

The two terms, conveyance deed and sale deed, are used very frequently in real estate transactions and not many of us know the difference between the two. To put it simply, these terms many-a-times are used interchangeably. However, there is only a small difference between these two documents – a sale deed is a type of conveyance deed whereas the conveyance deed is not considered as a sale deed.

Type of Conveyance Deeds

While there are so many jargons that you hear related to property documents, it is important to know various types of conveyance deeds that can be executed. There are three:

• Freehold Conveyance – This means the owner of the property has free right on the property including both internal and external structure. This is issued to the owner of the property by the designated state authority (for example, Delhi Development Authority in case of properties in Delhi) marking the property as ‘Freehold’.

• Leasehold Conveyance Deed – This means the owner of the property only has rights within the four walls of the property and not the external structure. Generally, the common area and the building is owned by the landlord.

• Mortgaged Conveyance Deed – This means that the property is mortgaged with a bank or financial institution. However, the owner can enter and enjoy the privileges related to the property.

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Contents Of A Conveyance Deed

It is also important to know the contents that go in a conveyance deed before two parties sign it. A conveyance deed document should have details about area of the property (demarcation), details of annexed property, full chain of titles leading up to the current owner (seller), details of property handover to buyer, possession letter(s) and all terms and conditions of the property transaction. Any person must also take care of following while executing a conveyance deed:

• The owner of the property (seller) must certify that the property is free of any legal restrictions or disputes.

• The seller should also produce the authorised payment receipts of utility payments like water, electricity and gas to the buyer.

• The seller should also clear the property tax dues prior to execution of the deed and share the authorised payment receipts with the buyer.

• The buyer must pay TDS on property sale amount to the respective state government and submit the receipt to the seller.

• In case there is some loan taken against the property, it should also have details of the loan. The seller should clear the outstanding amount to the lender before executing the deed.

• The seller should convey the exact date by which the final possession of property will be given to the buyer.

• The conveyance deed should be executed in presence of two witnesses and they must sign the conveyance deed to mark their presence.

• The conveyance deed should be submitted to the local registrar’s office along with all original documents for registration within four months of execution. This should be followed by payment of stamp duty and registration fee to the respective state government.

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It is important to clearly draft legal document(s). It is even more important to get them executed carefully. Afterall, when it comes to matters as sensitive as property, you cannot afford any lapses. Talking to a Legal Expert is a right thing to do.

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