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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.

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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.

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.

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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.

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RENTAL AGREEMENT REGISTRATION

If the rental agreement is drafted for 12 months or more, then a rental agreement registration becomes essential. You can register a rental agreement at the registrar’s office in that city. The registration fee of a registered rental agreement differs from state to state. The registered rental agreement is legally binding on both the parties and is admissible as proof in a court of law.

A landlord may rent out his property for differing periods. Stamp duty on the rented property depends upon the time for which the property is rented:

Only the rental agreements of more than one year should be registered. For other rental agreements that are of less than one year (for example, 11 months), notarizing it with the notary public and paying the stamp duty is good enough and credible.

Now that we have understood the basics of rental agreement registration, let us understand the procedure for registration of a rental agreement:

• Get a rental agreement drafted by a lawyer.
• If you are the tenant, you need to get the rental agreement printed on a specific value stamp paper.
• Both tenants and landlords need to sign at the designated places on the rental agreements.
• Get the signature of two witnesses who are not related to either the landlord or the tenant.
• After this, both the tenant and the landlord must be physically present at the sub-registrar’s office of their sub-locality.
• Both tenants and the landlord, and two witnesses need to carry their two passport-sized photos and ID cards for verification and validation.
• Any third person or any agent cannot carry out the registration of the rental agreement.
• As soon as you pay the stamp duty, the registration is complete.

The registration fee for a rental deed agreement is typically around INR 1100. The rental agreement registration fee is payable regardless of the rental amount or the property value. The stamp duty charges are also applicable to the registration fee for the rent agreement.

Documents Required for Rent Agreement Registration

Following documents are required for a registered rent agreement:

• Original ownership documents or title deed.
• Two passport-sized photographs (tenants, landlords, and two witnesses).
• Aadhar card
• A government authorized identity proof (voter Id, passport, driving license, etc.)
• If the tenant is a company, then an authorization letter from the company is required. This authorization would validate the tenant’s right to register.

Online Rental Agreement Registration

In today’s world, whether it is about buying products or choosing services, most individuals look at nowhere else but the internet. The same situation can also be seen when it comes to making a Rental Agreement. However, there are only a few states in India which allow online rental agreements. Let’s find out how registering rent agreement online works.

Process for Online Rental Agreement Registration:

The process to get an online registered rent agreement is as follows:

• Firstly, visit the authorized government website.
• Find out the online rent agreement option on the main page.
• Choose your jurisdiction from the given list.
• Provide your details required in the form.
• Fill in the details of the other party.
• Submit the details of tenant, identifiers, and landlord
• Now move to the next step, i.e., rental agreement information, and fill in the details

The documents required for an online registered rent agreement are:

• PAN card and Aadhar number of tenants, landlord, and two witnesses.
• A biometric scanner to scan thumb.

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How to Create a Rent Agreement Draft?

A registered rent agreement sample is typically available online on many websites. A rental deed agreement should contain the following elements:

• Names and addresses of the landlord and the tenant.
• A brief description of the property.
• The date by which the rent would need to be paid.
• What would be the mode of the rent payment?
• Exit options.
• Amount of refundable security deposit and how and when would it be refunded?
• What utilities are provided to the tenant?
• What facilities can the tenant use?

A rent deed means a contract between the landlord and the tenant, and hence, it should serve not only as proof of the tenancy but also as an instrument to protect the parties' rights. Hence, it is preferred that you consult a local lawyer before drawing up a rental deed agreement and get clarity regarding registration, stamp duty, etc.