India

Registering Property in

Ahmedabad - India

Below is a detailed summary of the steps, time and cost involved in registering property. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

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No. Procedure Time to Complete Associated Costs
1 Check for encumbrances at the office of the Subregistrar of Assurance (State)

The buyer should conduct a search of the property in the Subregistrar’s Office, noting the location details of the property and the time period to be checked. While investigating the title, it should be verified that: a. The legal document is in the name of the owner, issued by the Revenue Record Department under the seal of the Tahsildar; b. On the date of purchase the title of the owner for the preceding 30 years (preferably) shows no mortgage or other encumbrance as still existing on the date of purchase; c. The property is transferable and heritable; d. The transferor is competent and/or authorized to transfer the property; e. The transferee is qualified to be a transferee; f. The object of consideration for the transfer is lawful; g. The transfer has been made and completed in the manner prescribed by law. Following a 1999 reform of the ULC Act in the state of Gujarat, one must no longer obtain a Clearance Certificate from the Urban Land Ceiling authorities to complete this procedure. Subregistrar Offices have started computerizing records, but not all of them. As there is often a line, and the same officer is often on duty in a couple of offices, it usually takes 2 days to complete this procedure.
2 days INR 4,100 (INR 100 in research fee + INR 5 per year of enquiry + lawyer fees)
2 Check for secondary claims at the Mamlatdar’s Revenue Office (State)

The buyer should also conduct research at the Mamlatdar’s Office (Revenue Office) to check whether secondary claims, such as tenant claims or family claims, are attached to the land. For this procedure, the buyer should submit: a. The sale deed (or “agreement to sell” if the sale deed has not been finalized yet); b. The registration index. All land records at the Revenue Office have been computerized.
2 days INR 4,100 (includes official fee [INR 100] and lawyer fees)
3 The final sale deed is prepared by the buyer or his lawyer (Private)

Though not mandatory, it is common practice for a lawyer to draft the final sale deed.
1 day INR 12,500 (lawyer fees)
4 Stamp, execute, and register the final sale deed at the Subregistrar’s Office (State)

The documents are submitted to the office of the Subregistrar of Assurances within whose jurisdiction the property is located. The authorized signatories of the seller and buyer are required to be present along with two witnesses and the following documents: a. Document required to be registered (in duplicate); b. Two passport-sized photographs of the authorized signatories of both parties; c. Photo identification of each party and witnesses (i.e. voter’s identify card, passport, identity card issued by the government of India, semi-government and autonomous bodies, or identification by a Gazette Officer); d. Certified true copy of the resolution of the Board of Directors of both seller and buyer; e. Certified true copies of certificate of incorporation of both seller and buyer; f. Copy of the Municipal Tax bill to indicate the year in which the building was constructed; g. Copy of Permanent Account Number card issued under the Income Tax Act if the value of the property exceeds INR 500,000; h. Copies of Nonagricultural Use Permission and of Extract of Land Revenue Record on Village Forms 7 and 12; i. Copies of Development Permission and Building-Use Permission. The documents are submitted to the Reader of the Subregistrar of Assurances for scrutiny. After scrutiny, the Reader indicates the registration fee required on the document itself. The registration fee is to be deposited with the cashier against a receipt. After depositing the fees, the documents are presented to the Subregistrar in accordance with Section 32 of the Registration Act (1908). Normally, the seller hands over the peaceful vacant and physical possession of the property to the buyer at the same time the deed is presented for registration. Upon payment of the required registration fees and computer service charges in cash, the document is returned. In 2006, the stamp duty in Ahmedabad was reduced from 14% to 4.9% of the property value.
2 days INR 123,238 (4.9% of the property value for stamp duty + 1% of the property value for registration fees)
5 Apply to the Revenue City Survey Department for mutation of the property title(State)

After receiving the registered title deed, the buyer applies to the Revenue City Survey Department to mutate the title of the property under his name. The authorized signatory must submit the duly signed application along with the affidavit, the indemnity bond, and a certified/notarized copy of the registered title deed. After the assessment of the request for mutation, the municipal authority determines the value of the property tax to be levied, and then issues a letter of mutation in favor of the buyer. The buyer must also fill out and submit the form for e-Dhara (scheme for computerization of revenue records) along with the aforementioned documents. Land records have been completely computerized for all talukas in the Ahmedabad district.
35 days INR 1,500 (including lawyer fees)

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