Duplicate Land Registration Document Process
Property

Duplicate Land Registration Document Process

Moving houses is a pain! Often in the process of moving, we end up losing important documents. A land registration document as proof of ownership. Losing a land registration document may not bode very well for you. You do not have to worry as there is a provision to obtain a duplicate land registration document.

People who read this Article also Consulted a Lawyer about Property Registration process. 

How to get a duplicate land registration Document?

You should follow certain steps in order to get your duplicate land registration document. These steps are: 

  • File a police complaint

A land registration document is a crucial document. If it gets lost, then you should file a complaint with the police. The owner of the house should only file this complaint. He should also explain the complaint and state that the original documents were lost, misplaced, or stolen. Keep the copy of the complaint filed as it may be used to obtain the duplicate land registration document. 

  • Give an advertisement in the newspaper

Like with all lost things, one should publicize that a land registration document is lost and give the return address in the advertisement. If, within a certain time, no one comes forward to return the document, then you can proceed to the next step. 

  • Make an Application for the Certified Copy of the Land Registration Document

You will have to obtain a Form 22 application, either online or from the sub-registrar’s office. Fill this form and submit it with the sub-registrar to obtain a duplicate land registration document. If the document you have lost/misplaced is a patta record, you also have to apply it to the revenue office. 

  • A duplicate copy of the Land Registration Document

Once you have applied to receive the certified copy of the document, you need to pay a certain fee to the relevant department. After the fee has been paid, a duplicate copy of your land registration document shall be issued. Many would think that what if I had a photocopy, could I use that? The answer is no! You should always try to get a legally certified copy of the document which is lost. A land registration record is proof of ownership, and hence, you should always follow the due procedure of obtaining a duplicate copy of the land registration. 

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Documents Required to Obtain Duplicate Land Registration Copy

When you apply for a duplicate land registration copy, you should also accompany your application with certain documents. These documents are: 

  • Copy of FIR: As a first step, you should always file a complaint with the police. Keep the copy of the complaint with you and attach it with the application you file before the sub-registrar to get a duplicate copy of your land registration document. 

  • Copy of newspaper advertisement: You should also attach a copy of the advertisement you published in the newspaper along with your application form. This would enable the sub-registrar to know that you still have not found the lost/misplaced document despite trying. 

  • Copy of share certificates issued: Typically, you are given share certificates when you buy a piece of land. Keep them secure and attach copies of them when applying for a certified duplicate copy of land registration. 

  • Notarized undertaking: A notarized undertaking should also be given along with the application form. 

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Obtaining a duplicate copy of the land registration document should not be a harrowing experience if you know all the right steps to take. Remember to keep all your documents in order before applying for a certified duplicate copy of the land registration record.

Land Patta Registration is the evidence of your Land Ownership
Property

Land Patta Registration is the evidence of your Land Ownership

Land is often seen as a complicated subject. The existing or new owner(s) of the land parcel(s) must know all documents that they need to have while transacting for a piece of land. Off late, we have been discussing several important aspects related to the ownership of land parcel(s). In this post, we attempt to share some more details about one such important document that has a validity related to the legal ownership of a piece of land. Yeah, we are talking about an important document called the ‘land patta’.

What is a Land Patta?

It is an important document issued by a competent authority (generally, the tehsildar) of the Government of India that includes the full name and other related details (size and type of the land) of the legal owner of the land parcel. This document is also called the ‘record of rights’ and acts as evidence of land ownership, typically in cases of encroachment of land. Having this document is very important, especially in the land deals, as the land patta specifies the name of the individual or person that is registered with the tehsildar’s office as the owner of the land parcel.

Some of the important points to note related to patta registration are:

  • Registration patta is a legal document, also sometimes referred to as the land deed

  • One-time patta registration is required with the tehsildar office

  • Person holding a registered government patta is also termed as pattadar

  • No renewal is required after registration of patta is done in a particular owner’s name

  • Renewal of patta can only be done when the piece of land under consideration is sold or transferred (by will, succession, or gift) to someone else

  • Patta is also needed when government acquires land for industrialization or development under orders of the honorable courts

  • Patta may generally be obtained on a nominal fee basis that may vary from state to state

  • Term ‘patta’ is mostly used in India and in some neighboring countries

  • Onus of initiating land patta registration process and getting the patta registration details updated in government records lies on the land owner and not on the government authorities or any other party

We must also understand the type of land parcels that require a government patta registration are:

  • Unconstructed plot(s) of land(s)

  • Land parcel(s) with construction

  • Piece of land(s) where the owner does not visit frequently

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How can the owner get patta bhumi registration done?

The registration process is fairly simple but may vary from one state to another. However, the general process of patta chitta registration is as follows:

  • The owner needs to file an application in the prescribed format with the office of the Tehsildar of his or her district.

  • With the advent of technology, the process of filing patta registration has also been automated. In today’s times, the owner of the land can file the application for patta registration online as well. However, it is important to note that there are only limited states, for the time being, that provides online patta registration facility to land owners.

  • The application form, in other words also called as patta registration form, for issuance of patta may vary from state to state and generally asks for details of the owner of the land parcel, size of land, location and type of land (residential, commercial or agricultural).

  • The application form may need to be submitted along with some additional documents, such as, owner’s identity proof, aadhaar card, etc. as per government norms for processing of application.

  • A designated officer from the office of the Tehsildar visits the land for survey and inspection on receiving the land patta registration application.

  • On successful completion of the inspection, the patta registration is granted to the owner of the piece of land. The inspector, however, reserves the right to reject the application as well.

  • The patta registration certificate can be issued in hardcopy form and may come in English as well as regional languages. It can also be issued in softcopy format, wherever the facility is available.

  • An important point to note here is that the same process may apply for transfer of registration of land patta to a new owner of the land parcel.

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Conclusion

Those who read this Article also Consulted a Lawyer about Patta Registration process.  

Irrespective of the fact whether you are an existing or a new owner of the land parcel, the patta registration certificate remains the most important legal document that acts as evidence of the land ownership. It is important for you as the land owner to get the same registered properly. Also, the new owner by virtue of sale or succession or will or gift may need to initiate the transfer process as soon as he or she gets the ownership of the piece of land. The charges of getting the patta registration registered or transferred may be applicable as per norms laid by the state government.

While so much digitization is happening in India, state governments are trying to smoothen the patta registration, patta transfer as well patta verification process for the land owners. The endeavor is to make the process more convenient, comfortable, and hassle-free.

Land Ownership Certificate indicates the actual Title of Ownership
Property

Land Ownership Certificate indicates the actual Title of Ownership

The year 2021 has begun on a positive note and the world is on its way to recovery – economic, physical as well as social. People have started planning for the future again. It will be modest to say that several of them are or will be devising plans for investing in real estate. Many will opt for residential properties and many more will go for land purchases – residential, commercial, or agricultural.

So, let us discuss today, an important aspect related to land and its ownership. Yes, you are right! We are talking about the land ownership certificate. In this article, we will clearly state what is a land ownership certificate, who issues the same, what is the process of obtaining it, and so on.

What is a land ownership certificate?

It is defined as a formal document or a certificate issued to a person(s) by a competent authority of a particular state where the piece of land physically exists. The land ownership certificate when issued in a particular person’s name proves that the particular person(s) is/are the sole owner(s) of the piece of land. The sole owner(s) in whose name the certificate is issued has all the legal rights pertaining to the particular piece of land. The land ownership certificate also is proof that there is no dispute related to the ownership of the land parcel under consideration.

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Who issues the ownership certificate of land?

It is the state government in India (usually the district revenue officer or the tehsildar) that issues the land ownership certificate to individuals residing in the state. The individual or person in whose name the certificate is issued, who is also called the owner, has all the legal rights to take decisions related to the particular piece of land. The owner, in other words, has freehold or leasehold right in the land parcel.

What is the right that a land ownership certificate gives to its holder?

It is very important to understand the legal rights of the owner who owns the land parcel and holds the ownership certificate in his or her name. The most common ones, as per government norms are:

  • Taking all decisions with respect to the piece of land under consideration.

  • Selling the land to an interested party.

  • Renting or leasing the piece of land to an interested party.

  • Constructing a building or structure on a particular land parcel.

What is the process of applying for a land owner certificate and what documents are required for filing the application?

The process is fairly simple and straightforward. The applicant needs to contact the office of the tehsildar or the revenue officer for filing an application to obtain a land ownership certificate. The applicant generally needs to provide detail like the legal name of the owner(s), residence address, contact details, details of the land parcel including registration number, area, location, address, etc. 

For filing the process, the applicant needs to submit the following documents along with the application:

  • Application Form (as per the prescribed format)

  • Identity Proof issued by a competent government authority (for example, PAN Card, Voter ID, Passport, Driving License, etc.)

  • Aadhaar Card

  • Registration Documents of Land Parcel

  • Encumbrance Certificate

  • Application Processing Fee (may vary from one state to the other)

Once the application is submitted along with the nominal processing fee, the documents are verified by the competent authority, which is the revenue officer or the tehsildar in this case. On successful verification of the documents, the competent officer issues the respective landowner certificate to the applicant.

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Format of the Land Ownership Certificate

A question may also arise in the minds of the applicants about the format of a land ownership certificate. The landowner certificate format may vary from state to state and can be issued by the respective state government in regional language as well besides issuing it in the English format. Generally, the certificate includes the following details:

  • Name of land owner

  • Name of father or husband

  • Residence address of the landowner

  • Plot number of the land parcel

  • Total area (expressed in square yards)

  • Place where land parcel exists

  • Name of the land parcel (if any)

  • Signature of the landowner

  • Details of the registration fee or stamp duty paid by the landowner

  • Signature of the district revenue officer or the tehsildar

  • Full name of the district revenue officer or the tehsildar

  • Official stamp of the competent government office or authority

  • Date of certificate issue

Those who read this Article also Consulted a Lawyer about Property Ownership documents. 

Conclusion

In a country like India, land record management is still not a streamlined process. While the computerization of land banks is taking place, there is still a long way to go. Ironically, several government departments are responsible for the proper management of land records but they usually work in silos. There is a high possibility of human error in the process. Any discrepancy in land records can be a nightmare for the actual land owner(s). And hence, having a proper land ownership certificate becomes more imperative for each land owner and must be taken with utmost seriousness.

Land & Property Registration: All You Need To Know
Property

Land & Property Registration: All You Need To Know

Planning to buy land in India? If the value of the land or the property you are buying exceeds INR 100, you need to undergo land registration. Section 17 of the Registration Act, 1908 governs property and land registration in India. Typically, specific stamp duty needs to be paid, and 1% registration charges need to be paid. We will outline below how property and land registration work in India and what is the required procedure for the same.

Property Registration

Buying a property is a tedious process. It involves extensive market research and a considerable amount of time and money. However, it is not the searching for the property, which is the most complex part of buying a property, but property registration. The property registration process is confusing and involves various steps.

The property registration in India generally involves the following steps:

  • Verifying the property's title deed would give you an idea of the property's ownership status and any dues such as property tax, water/electricity bill, etc., which may be pending.
  • Preparation of Sale Deed: Get a sale deed drafted by lawyers for registration.
  • Paying Stamp duty: Generally, a registration fee for a property document is 1% of the property value, subject to the maximum of INR 30,000. However, the stamp duty varies in each specific case, which is about 3-10% of the property value
  • Approach the sub-registrar for registration: The seller and buyer, or the people having their power of attorney, along with two witnesses, have to approach the office of the Sub-Registrar of Assurances, within whose jurisdiction such property falls.

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Documents Required for Property Registration

You require the following documents for property registration:

  • Two passport size photographs each of the buyer, the seller, and the two witnesses.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card or Driving License of the buyer, seller and the two witnesses.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Proof of payment of stamp duty, registration tax, and payment to the seller.
  • Copy of No Objection Certificate (NOC), if required.

The duly registered documents can be collected from the Sub-registrar of Assurance’s office after 2-7 days. A certificate with all the requisite information is provided, and the original copy of the deed provided at the time of registration is returned.

Once the registration is complete, you need to apply for mutation. A mutation changes the title ownership. An application for mutation is filed along with an affidavit, indemnity bond, and a notarized copy of the registered sale deed.

You need to register your property within four months from the date of execution of the transaction. If you fail to register within four months, you may apply to the sub-registrar for condonation of delay. The registrar can agree to register your property; however, you may need to pay a fine of up to ten times the original registration fee.

Those who read this Article also Consulted a Lawyer about Property Registration process. 

Online Land Registration

Technology has made property and land registration easier. Now, you can e-register your property. Some states have an official online portal for online land registration. You can also calculate stamp duty through these online portals. Net-banking, credit/debit cards, and other online payment modes have made e-registration of land and e-registration of property possible.

Guidelines for Online Property Registration

While online property registration is permitted in a few states, you should ideally keep the following in mind before you get your property registered online:

  • Check if your state has an online portal for e-registration of land/e-registration of property.
  • Only certain parts of property registration can be done online such as:
  • You can find out the stamp duty rates.
  • You can pay the stamp duty and registration fee online.
  • You can receive a receipt for your payment online.
  • Once you receive your receipt, you will have to visit the sub-registrar's office to complete your property registration.
  • If the property value exceeds INR 50 lakhs, you have to pay 1% TDS on the property value. You can pay the TDS online.
  • You will have to provide certain information for online property registration such as type of property, ownership status, description of the property, proof of property, and your personal details.

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Documents Required for Land Registration

When you go to the sub-registrar's office, you would need to submit the following documents for property registration:

  • Sale deed on non-judicial stamp worth the deal value.
  • Proof of Identities such as Passport, Aadhar Card, Voter ID Card, PAN Card, or Driving License.
  • E-stamp paper, E-Registration fee receipt, and proof of payment to the seller.
  • Copy of the latest property register card.
  • Copy of the municipal tax bill.
  • Copy of No Objection Certificate (NOC), if required.

You would also have to undergo a biometric verification at the sub-registrar's office. You need to take two witnesses with you to the sub-registrar's office. These witnesses will need to carry the original and photocopies of their identity and address proof.

Remember, property registration is a must, and you should ideally register your property within four months of completing the sale. It is good to take legal help to draft the sale deed and navigate through the registration process.

Those who read this Article also Consulted a Lawyer about Property Registration process.