India

Registering Property in

Jaipur - 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 Subregistrar of Assurances (State)

The buyer should search the property in the Registry and the Revenue Office. While investigating the title it should be verified that: a. The “Patta”/legal ownership document, in the owner’s name, issued by the Revenue Department under the Seal of the Tahsildar; b. The Encumbrance Certificate (EC) for the preceding 31 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 or consideration for the transfer is lawful; g. The transfer has been made and completed in the manner prescribed by law. Also, all papers with regard to payment of taxes, electricity bills, and water bills must be checked. Usually the seller will provide receipts to the buyer, as well as tax receipts for property taxes. It is common practice that the lawyer issues the nonencumbrance certificate after conducting the search on behalf of the parties. In Jaipur, there is a lower volume of records than in other cities and therefore this step takes less time. In addition, land records are in the process of being computerized
3 days INR 3,375 (INR 25 per year for 15 years of research + INR 3,000 in lawyer fees)
2 Pay the stamp duty at the State Treasury and obtain stamp paper (State)

Stamp paper is to be purchased from the treasury authorized vendors by cash, bank draft, or check.
2 days INR 167,102 (8% of the property value for stamp duty)
* 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.
3 days INR 7,500 (lawyer fees)
4 Execute and register the final sale deed at the Subregistrar’s Office (State)

The authorized signatories for the seller and buyer are required to be present along with two witnesses at the time of registration, as well as the following documents: a. Sale agreement 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., a voters’ identity card, passport, or 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 the Certificate of Incorporation of both seller and buyer. The deed for registration is presented to the registration officer at the Subregistrar’s Office within whose jurisdiction the property is located. The officer checks the documents and annexes, and sets a date for both parties to sign the instrument of transfer before the Subregistrar. The Subregistrar also ensures that the stamp duty paid is consistent with the value of the property, and receives payment of the registration and execution fees. The registration fee is to be deposited with the cashier against a receipt. The value of a given property, determined by the area or zone in which it is located, can be verified from a valuation schedule. If the Subregistrar feels that the property has been undervalued, a strategy used to minimize the amount of stamp duty to be paid, he may decide to inspect the site, which can take from 3 to 5 days. This is not often the case, however. After payment of the registration fees, the document is copied into the registry, copies of the document are pasted onto 2 indexes titled “name and property” and “accounts and reports.” The document is delivered upon presentation of the receipt previously issued by the cashier. Prior to 2005, registration of the final sale deed could only be made at the Subregistrar’s Office under whose jurisdiction the property fell. Since 2005, however, it is possible to register the property in any office of the Subregistrar, regardless of its jurisdiction. After registration, the Subregistrar’s Office sends the necessary documents to the zonal office in charge of the area where the property is located.
2 days INR 22,888 (1% of the property value for registration fee + INR 2,000 for lawyer fees)
5 Apply to the Circle Revenue Office for mutation of the property title (State)

The authorized signatory for the buyer must submit the duly signed application along with an affidavit, indemnity bond, and a certified/notarized copy of the registered title deed. After assessment of the request for mutation, the Circle Revenue Office settles the value of the property tax to be levied and issues a letter of mutation in favor of the buyer certifying that the property has been mutated under the buyer’s name.
15 days INR 5,000 (INR 2,000 for mutation charges + INR 3,000 for lawyer fees)
* Takes place simultaneously with another procedure.
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