Registration & Licenses

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Understanding the Property Registration Process
Registration & Licenses

Understanding the Property Registration Process

Registering a property in India is a significant legal step that solidifies ownership rights while ensuring the protection of interests for both buyers and sellers. This process encompasses a series of crucial documents, steps, and charges that are vital for a legitimate property transaction to take place.

 

Is it compulsory to register property?

Section 17 of the Registration Act, 1908, mandates that transactions involving immovable properties, where the consideration is above INR 100, should be mandatorily registered. Property registration is typically done post the sale deed has been executed and stamp duty has been paid on the transaction. Registration charges differ from state to state. The registration charges of the state where the property is situated apply.

 

How to prepare for Property Registration?

You should set right the following property registration details, prior to proceeding with the registration of your property:

a) Check the title deed, sale deed, and other required documents, that you have signed during the transaction.

b) Check if all utility bills, property bills etc. about the property have been paid.

c) Check if the property is not encumbered by any mortgage.

d) Pay the stamp duty as per the stamp duty rates prevalent in the state where the property is situated.

 

Process of Property Registration

Property registration operates under the guidance of the Registration Act, of 1908, typically executed at the local Sub-Registrar Office covering the property's jurisdiction. The process unfolds through several critical stages:

1. Title Deed Verification Buyers must ascertain the property's clear title, ensuring there are no disputes or legal claims. This involves examining the ownership history, checking for existing liabilities, and confirming the seller's legitimacy to transfer the property.

2. Stamp Duty Payment Before registration, buyers must settle the stamp duty, varying across states. The amount is calculated based on the property's value or the guidance value, whichever is higher. This duty, set by the State Government, stands as a significant cost in property registration.

3. Document Preparation: Legal experts or conveyancers prepare property registration details such as the sale deed. This deed contains vital  property registration details, buyer, seller, sale amount, and other pertinent terms and conditions.

4. Sub-Registrar Office Visit: Both the buyer and seller, accompanied by witnesses, visit the Sub-Registrar Office to execute the sale deed. This document is signed by both parties in the presence of the Sub-Registrar or an authorized official.

5. Verification and Registration The Sub-Registrar examines the property registration details such as vital documents and registers the property if all legal requirements are met. Registration involves paying nominal fees based on the property's value.

6. Encumbrance Certificate Issuance: Post-registration, buyers can obtain an encumbrance certificate from the Sub-Registrar Office, verifying the absence of pending legal dues on the property.

 

National Generic Document Registration System for Property Registration

NGDRS is an initiative of the government of India. It provides for a common system through which property registration across the country can be carried out. NGDRS is useful for registrars, buyers, sellers, etc. One can also find out the circle rates of land on NGDRS, calculate property valuation and perform other associated tasks with regard to property sale and purchase.

 

Essential Documents for Property Registration

Documents for property registration should be submitted within four months from the date of execution of the sale deed. If there is a delay in the submission of documents, you can send an application to the sub-registrar citing the reasons for the delay. The sub-registrar may allow the submission of documents beyond the limit, but a penalty may need to be paid. The following documents will need to be submitted:

a) Passport-size photographs

b) Government ID card

c) Current property register copy

d) Power of attorney (if applicable)

e) Municipal tax bill

f) Proof of property ownership (can be the executed sale deed)

g) Payment receipt of stamp duty and registration fee

h) No-Objection Certificate

 

Costs Involved in Property Registration

Expenses during property registration encompass stamp duty, registration fees, legal charges, miscellaneous fees, and property valuation costs if necessary.

 

Stamp duty

Stamp duty refers to the fee imposed by the state government when you transfer the ownership of your property to someone else. It's a charge you pay while registering property documents, essential for the legal validation of the property transfer. This duty varies across states and is compulsory according to Section 3 of the Indian Stamp Act, of 1899.

 

Stamp duty serves as validation for your property agreement in the eyes of the law. A document stamped with the paid stamp duty indicates your lawful ownership of the property. Legally, without paying this charge, one cannot rightfully claim ownership of the property. Hence, it's crucial to settle the full stamp duty amount.

Different cities across India have varying stamp duty charges, as well as registration charges. These charges range from 1% to 8% of the property's total value, depending on the location. The stamp duty is calculated as a percentage of the property's market value, with old properties often incurring lesser duty than newer ones due to depreciation.

 

Several factors affect the stamp duty charges:

1. Property's Age Older buildings usually attract lower stamp duty charges due to their depreciated value, while newer ones face higher charges.

2. Owner's Age and Gender Senior citizens and women may benefit from reduced stamp duty charges as offered by certain state governments.

3. Purpose of the Property Commercial buildings generally incur higher stamp duty than residential properties due to additional amenities and floor space requirements.

4. Location: Properties situated in urban or municipal areas may face higher stamp duty compared to those in suburban or rural locations.

5. Amenities: The government may charge extra for specific amenities present on the property, including lifts, swimming pools, gyms, community halls, etc.

Understanding these factors helps in estimating and preparing for the stamp duty charges involved in property registration. It's important to consider these aspects to facilitate a smoother and legally compliant property transaction.

 

Conclusion

Property registration in India is a critical legal process ensuring the legitimacy of property transactions while safeguarding the interests of both buyers and sellers. It involves submission of property registration details such as documents, and specific charges. Understanding these procedures, documentation requirements, and associated costs is vital for a seamless and legally sound property transaction in India. Seeking guidance from legal experts or conveyancers can greatly aid in navigating the complexities of property registration.

Know Various Aspects About The Gift Deed & Stamp Duty
Registration & Licenses

Know Various Aspects About The Gift Deed & Stamp Duty

When a person provides a gift to someone, there is a set of legal rules, methods & procedures which is required to be followed. So, it is important to comprehend the legal aspects involved in this procedure. Or else, if you don’t follow the due rules and procedures, it is likely that your gift may get invalidated.

One aspect of this procedure is the payment of stamp duty. This is a significant step towards claiming the ownership of the gifted property.

The Definition Of A Gift Deed

A gift deed is defined as a legal document that provides the details of the voluntary transfer of a gift from the donor (that is one who owns the property) to the donee (that is one who receives the gift) without there being any compensation or favour The gift deed can be there for either of them, movable goods as well as immovable goods like a house.

A gift deed involving an immovable property is about gifting an immovable property say a house or asset. On similar lines, a gift deed that is concerned with a movable property deals with gifting something movable like a car or cash. A gift deed gives all the details of the gift, all that is needed by the law.  

Also, read What is the Electricity (Amendment) Bill 2022?

The Characteristics & Attributes Of A Gift  

The Ownership Transfer: For an authentic and proper gift, it is necessary that there should take place a full transfer of rights from the doner to the donee.  In case, transfer of ownership is not there, a gift would be invalid.

The Existing Property: A gift can only be a movable or immovable property that is existing today. This implies that a gift that will come to exist in the future cannot be made. Thus an individual can give his/her share of the property, etc which he/she has obtained after the partition of the joint family property.

The Aspect Of No Consideration: The implication of consideration is monetary consideration. It does not imply love & affection. The important cost factor aspect of the gift is that the donor does not take any monetary benefit or consideration from the donee in return for the gifted property. If there is any consideration as a part of the situation, then it is a sale and not a gift.

There Is Free Consent: The transfer of ownership of the property should be voluntary and the consent of the donor should be free and not under any influence, force, or fraud. In case, a gift is being made to be provided under a coercion, then it is not a valid gift.

The Capacity Of The Donor: The donor should have attained majority that is he/she should be at least 18 years in age and should be of a sound mind. He/she should have the capacity to contract and should not be disqualified due to any other reason. Then alone it can be considered a valid Gift transfer.

The Gift Acceptance:  Also, the donee should accept the gift himself/herself. Besides, it is also significant that the gift should be accepted, by the donee during the lifetime of the donor, until when he/she has the capacity to give.   

Attributes & Characteristics Of A Gift Deed

 

Donor or any other person on his/her behalf should sign the gift deed Either the donor should sign himself/herself or he/she should authorize someone else to do the same. Besides, the witness who attests should also sign the document in the presence of the donor.

Two witnesses must sign the Gift Deed

The gift deed must be signed by the donor or any other person on his/her behalf in the presence of two attesting witnesses. It is not mandatory that the two witnesses attest the document at same time.

There should be proper stamping of the gift deed: It is important to give proper and full stamp duty in order to authenticate a gift deed.

Proper registration of a gift deed: The registration of the gift deed of the immovable property is governed by the Section 17 of the Registration Act, 1908.  This registration should be done before the Registration Authority after paying the registration fees. As for the registration of movable property gift deed, it is just optional.

Stamp Duty on Gift Deed:

What is Stamp Duty?

Stamp duty, in common parlance, stands for a tax put up by the government whenever there is transaction of property. In the levying of stamp duty, a physical stamp is attached onto the legal document which denotes that tax has been paid during the transaction of the property.

On the gifting of a property, a mere physical possession is not enough. You should also have some legal evidence about the ownership of the property. This legal evidence comes in by the paying of registration charges and stamp duty.

Why Do We Have To Pay Stamp Duty?

The stamp duty is collected by the state government during the property registration. This payment authenticates the transfer agreement. When a stamp is put on the gift deed while transferring the property, it becomes a legal document that establishes your ownership in the court. If you don’t pay the stamp duty, you may not claim a gifted property as your own. Therefore, it is very significant to make the full payment of stamp duty, in order to claim the ownership.

Is The Gift Deed Taxable ?

The stamp duty is collected by the state government during the process of registration of property. No tax/stamp duty is to be paid on gifts (of cash or kind) until the value of the gift does not exceed Rs 50,000 in a year.  But in case, the total amount exceeds Rs 50,000, then tax is to be paid. Any amount received from specified relatives is totally tax-free in the hands of recipient.

Suppose you wish to buy a house, and your father/mother/sister/brother etc make a transfer of Rs 20 lakh to your (bank) account. You need not to worry about taxation as it is a gift from your relative and you need not pay any tax. Besides, cash gift deed between blood relatives is non-taxable.

The Factors That Affect Stamp Duty In India 

Well, the stamp duty differs from state to state. But, there are some factors which, directly & indirectly decide the amount of stamp duty to be paid by any person. They are enumerated as under:

Geographic location - Stamp duty rates vary from one place to another. For instance, suppose your property is situated in a municipal area, you may have to pay a higher rate than if it is located in a rural area.

How old is the building- Well, the stamp duty rates are measured as a part of the complete market value of the property. Thus, how old is the property also plays a crucial role. The buildings, which are old usually invite less stamp duty charges when compared to new buildings. The reason is obvious: market values of old buildings have depreciated more.

How old is the owner – The vast majority of the state governments in India have subsidized stamp duty charges for senior citizens. Thus, the owner’s age plays a significant role in deciding the charge.

Owner’s Gender – Similar to the senior citizens, women too enjoy a concession on stamp duty rate in case the property is in the woman’s name.

The Purpose of providing the gift – Residential buildings invite lesser stamp duty when compared with commercial buildings. This is so because in commercial buildings we need more amenities, etc. 

How can we pay Stamp Duty in India?

We can pay stamp duty charges to the respective state government in the following three ways -:

Using Stamp Paper – If we pay directly to the registered authority, it is a traditional method of doing a transaction on non-judicial stamp papers. In this, the two parties ought to write down the terms of the agreement on paper and get it signed.

E - Stamping or Electronic Stamping – In order to make stamping easy and to avoid counterfeit stamp papers, the government has introduced e-stamping which means stamping done online. It is an easier way to pay stamp duty. To do e-stamping, you will need to visit SHCIL (Stock Holding Corporation of India Limited) website.

Franking-This is another process. Herein, we pay stamp duty to the authorized banks that have a franking center. In this process, you need to prepare the documents first. Thereafter, you can give it to the authorized center or bank which accepts the payment of stamp duty. The bank will physically stamp the paper to make it legally existent.

Also read Energy conservation amendment bill, All you need to know

 

How to register with Food Safety and Standard Authority of India
Registration & Licenses

How to register with Food Safety and Standard Authority of India

Food is one of the most essential substances for the survival of an individual, and considering its importance the government of India has set-up an authority to ensure healthy and safe food for all.

FSSAI (The Food Safety and Standard Authority of India) is an autonomous body constituted under the arms of the Ministry of Health and Welfare. This body is constituted under Section 31(1) and 31(2) of the Food Safety and Standards Act, 2006. Since the passing of this act every individual/company involved in manufacturing, packaging, distribution or selling of food is bound to get itself registered with the FSSAI. Thus, this act obliges every person engaged in the food industry to get themselves certified with the FSSAI.

The registration with FSSAI brings a lot of benefits with itself: it creates a sense of credibility in the mind of people, FSSAI sign brings a sense of goodwill, it ensures hygiene and cleanliness, etc.

WHO ARE REQUIRED TO BE REGISTERED WITH FSSAI

May you be a hawker or a giant manufacturer, every person involved in the food industry is bound to register itself with the FSSAI. Based upon the size of business there are three types of registration (discussed below). So, if any person is engaged is engaged in procurement, manufacturing, distribution, packaging, storage, and selling he is bound to take the FSSAI certificate.

Also, read How to start a food packaging business?

TYPES OF LICENSES

FSSAI provides for 3 types licenses:

  1. Basic License (Petty Business): It is the most primary kind of license issued to small business having turn-over of below 12 Lakhs. It must be noted that catering business, irrespective of their turnover, have to apply for state license. For registration we need to fill ‘Form A’.
  2. State License (Medium Business): Companies having profit above 12 lakh rupees are supposed to apply for state license. For registration we need to fill ‘Form B’.
  3. Central License (Large Business): Companies having turn-over of over 20 crore rupees have to apply for central license. All the firms supplying food to central government body needs to have a central license, further all online sellers, franchising businesses etc. are also supposed to get the central license. For registration we need to fill ‘Form B’.

DOCUMENTS REQUIRED FOR REGISTRATION

  • Duly filled and signed application form
  • Passport-sized photographs
  • Identity proof of Applicant (Food Business Operator)
  • Proof of property ownership
  • Address Proof
  • Business Address Proof
  • Rent Agreement
  • Food safety management system plan
  • List of food items to be used
  • Certificate of incorporation

Further for manufacturing units the following documents are also to be given:

  • The blueprint of warehouse, plant, etc.
  • A list of all machinery
  • Report of a water test
  • List of all food categories

PROCESS OF REGISTRATION

Online Process

For online registration one needs to go to FSSAI website and fill the FORM A or FORM B (Form A for petty businesses, and Form B for center and state license). All the forms needs to be duly attached with all the relevant documents. Once the form is filled and submitted online the Department will scrutinize the application and will either approve or reject the application. Before accepting the department may also conduct inspection of the site. The decisions as to approval or dis-approval is to be taken within 7 working days of application. Once the application is approved the department shall issue a registration certificate with a unique registration number and photo of the applicant on the certificate. Such certificate is send on their registered e-mail address.

Steps for offline registration:

    1. The food business operator (FBO) needs to visit the registration authority’s office and needs to collect the desired form from the authority i.e Form A {for petty business} or Form B (for large or medium sized business}
    2. After collecting the form he needs to fill the same and submit it to the registering authority to get himself registered. A minimal payment of Rs. 100 is to be made in lieu of the fees.
    3. After submitting the application, his form will be scrutinized, he shall be given a 14 digit unique application reference number
    4. Once the form is submitted for scrutiny, the applicant shall receive the status of acceptance or rejection of his application.
    5. If the application is accepted, he shall be issued a registration certificate
    6. On receipt of acceptance, the FBO is entitled to begin his business
    7. It must be noted that, if required, at any time, the registering authority may issue notice for inspection of the place of business
    8. Inspection is to be completed within a period of 30 days, and post that the FBO is entitled to start his business.

FSSAI REGISTRATION STATUS

Once the application is submitted, the FSSAI provides with the facility of checking the status of our application on their websites’ ‘Track Application Status’ tab. When the status shows as ‘Application Reverted’, it means that our application has been rejected and reverted back for necessary changes or for clarifying certain facts. If the application is reverted, the applicant needs to submit his response/clarification within 30 days of such reverting. If the status shows as ‘Certificate Issued’ it would mean that the registration is successful and you will be issued with a registration certificate, such a certificate can be downloaded from the official website of FoSCoS. Once you receive the certificate, you are free to begin your business.

Also read: What is the Food Adulteration Act?

FSSAI LICENSE FEES

  • Validity of 5 years: Rs. 5000
  • Validity of 4 years: Rs. 4200
  • Validity of 3 years: Rs. 3400
  • Validity of 2 years: Rs. 2700
  • Validity of 1 year: Rs. 2000

The certificates are valid for a maximum period of 5 years, after 5 years the certificate needs to be renewed.

For detailed list of fees click here.

PENALTY FOR NON-REGISTRATION

The provisions of Food Safety and Standards Act, 2006 provides for penal provisions in case of non-registration. If a food business operator fails to get itself registered with FSSAI he may face imprisonment of fine upto 5 Lakh Rupees.

Offence

Public Entities Covered

Fine

OFFENSE

PUBLIC ENTITY COVERED

FINE

Quality issue with the products

Seller

Rs. 2 lakh

Misbranded food products

Rs. 3 lakh

Misleading information or advertisement

Publisher or people involved in publishing

Rs. 10 lakh

Sub-standard Food

Manufacturer, Importer, Seller and Distributor

Rs. 5 lakh

Not complying with FSO

FBO or importer

Rs. 2 lakh

Unsanitary or unhygienic processing or manufacturing

Processor or Manufacturer

Rs. 1 lakh

Food Containing inessential items

Manufacturer, Importer, Seller and Distributor

Rs. 1 lakh

 

 

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