| Procedure 1*. | Purchaser verifies the Record of Rights of Hal Settlement at the Office of Tahasildar |
| Time to complete: | 5 days |
| Cost to complete: | INR 500 |
| Comment: | The purchaser should verify the Record of Right (ROR) of Hal Settlement, ROR of Sabik Settlement, Deed of Conveyance if any transferring the title during the period from Sabik Settlement to Hal Settlement in the Office of the Tahasildar. In this case, the Hal Settlement would apply. This procedure is unique to the state of Orissa in which certain tribal areas are protected from transfer. |
| Procedure 2*. | Conduct a search in the office of Sub-Registrar and obtain a non-encumbrance certificate |
| Time to complete: | 7 days |
| Cost to complete: | INR 2100 (including lawyer fees) |
| Comment: | Official search fees are Rs 26/- for the first year; and Rs 15/- for each subsequent year. Furthermore, if the property was subject of sale at any time in the past, then for each such sale an additional amount of Rs.30 is charged. It is common practice for companies to engage a lawyer to carry out the search. |
| Procedure 3*. | Obtain Caste Certificate of the Vendor from the Revenue Officer (If the vendor is a Scheduled Caste or Scheduled Tribe then permission is to be obtained from the Revenue Officer) |
| Time to complete: | 5 days |
| Cost to complete: | INR 200 |
| Comment: | Under the Orissa Land Reforms Act this step is necessary and should be done before the execution of Sale deed. |
| Procedure 4. | Obtain Stamp Paper after payment of stamp duty |
| Time to complete: | 7 days |
| Cost to complete: | 11% property value or price, whichever is higher |
| Comment: | The stamp papers are delivered only twice a week on specific days. If the amount of stamp duty is higher, the Treasury may require a week's time. One has to pay first the value of stamp duty and then collect the stamp papers on the date specified for collection. |
| Procedure 5. | Lawyer prepares Final Sale Deed and Transfer Deed on Stamp Papers |
| Time to complete: | 3 days |
| Cost to complete: | INR 2500 |
| Comment: | Though it is not mandatory, it is common practice to hire a lawyer to draft the sale purchase agreement and conduct transfer procedures on behalf of the clients. |
| Procedure 6. | Submit documents and receipts with the office of the Sub Registrar for registration |
| Time to complete: | 31 days |
| Cost to complete: | INR 2500 + 2% property value |
| Comment: |
All steps at the office of the Sub-Registrar are completed manually. The deed for registration is presented before the officer in charge of Registration who sits in the office of the Sub-Registrar. On presentation the same is summarily checked and the documents/annexes are counted and a date set for parties to present themselves to sign the instrument of transfer before the Sub-Registrar. The sub-registrar checks the stamp duty as per valuation and orders for depositing the Registration charges/fees along with execution fee. The areas of the District/City are specified for taking valuation of the locality as per pre-existing schedule and if the valuation of the same is below the same then sub-registrar inspects the site for verification of rate of the area and if find below the specified rates then additional stamp duty is demanded. If the sub-registrar feels that the stamp duty is less, then he fixes the day/time for inspection of site. This may take three to five days. However, this does not form a part of the standard procedure and occurs only in cases where the valuation of the property in the sale deed is less than the scheduled rates fixed for different areas. In such cases, though the inspection does not cost anything, ultimately the purchaser company has to pay appropriate penalty along with the differential amount. Documents needed: The Documents are submitted with the office of the District Sub Registrar of Bhubaneshawar, under Department of Revenue, Sub-Registrar, Orissa for registration of sale deed pertaining to immovable property, within whose jurisdiction the property is located. The respective authorized signatories of the Seller and Purchaser are required to be present along with two witnesses. A fee of 2% of the property value shall be charged as registration fee Documents which are required to be presented are: 1. ROR of land 2. If vendor is scheduled caste or scheduled tribe, certificate to that effect 3. Four Passport size photographs of the authorized signatories of both parties. 4. Photo - identification of each party and witnesses i.e., Voters' Identity Card, Passport, identity Card issued by Govt. of India, Semi govt. and Autonomous bodies or identification by a Gazetted officer. 5. Certified True copies of Certificate of incorporation of both Seller and Purchaser. 6. True copy of the site plan or map of the locality where the property is situated (not required but may be asked for.) 7. Copy of Sale deed (in duplicate). The documents are submitted to the Reader of the Sub-Registrar for scrutiny. After scrutiny, the Reader indicates the Registration fee required, on the document itself. The due registration fee is to be deposited with the Cashier against a receipt. After payment of the registration fees, the document is copied into the register book, copies of the document are pasted onto 2 indexes one titled name and property, and the other titled accounts and reports. The document is delivered on the production of the receipt issued by the cashier in respect of the document at the time of presentation. |
| Procedure 7. | Apply to the office of the Tahasildar for mutation of the title of the property |
| Time to complete: | 75 days |
| Cost to complete: | INR 2500 |
| Comment: |
AAll records and procedures are manual at the Tahasildar in Bhubaneshawar and there is a higher work volume than in other cities in Orissa. The authorized signatory has to submit the duly signed application along with affidavit, indemnity bond and a certified/notarized copy of the registered title deed. After assessment of the request for mutation, the Tahasildar settles the rate value for levying tax on property and then issues a letter of mutation in favor of the purchaser certifying the fact that the property has since been mutated in the Purchaser's name. |