Registering Property in

Kolkata - 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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  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs

    Check for encumbrances at the office of the Subregistrar of Assurances (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 property is in the owner’s name, issued by the Revenue Department under the seal of the Tahsildar;
    b. The property is transferable and heritable;
    c. The transferor is competent and/or authorized to transfer the property;
    d. The transferee is qualified to be a transferee;
    e. The object or consideration for the transfer is lawful;
    f. 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 may need to be checked, especially in the case of high-consumption properties such as factories; for a warehouse, it may not be necessary, or the vendor will simply present recent receipts to the buyer.

    Land records from 2003 onward have been computerized.

    If the seller is a company incorporated under the provisions of the Companies Act (1956) then it is advisable to search in the office of the Registrar of Companies to verify whether there is any charge on the property registered under the provisions of Section 125 of the Companies Act (1956).

    18 days INR 7,500 (including lawyer fees)

    Pay the stamp duty at the State Treasury and obtain stamp paper (State)

    A stamp paper, on which final sale agreement must be drafted, is obtained after payment of stamp duty to the State Treasury.

    1 day INR 148,303 (6% of the property value for stamp duty + 1.1% of the property value for registration 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.

    3 days INR 5,000 (lawyer fees)

    Stamp, execute, and register the final sale deed at the Subregistrar’s Office (State)

    The final sale deed, written on stamp paper, is submitted to the office of the Subregistrar of Assurances within whose jurisdiction the property is located. The respective authorized signatories of the seller and buyer are required to be present along with two witnesses in order to execute the sale agreement, and to submit 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., 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 (already in possession of seller), and power of attorney where applicable.

    In practice, the seller hands over physical possession of the property to the buyer when the deed is presented for registration.

    Thereafter endorsements are made under Sections 52, 58, and 60 of the Registration Act on the document after completion of procedures at the Subregistrar’s Office. The document is copied into the registry, copies of the document are pasted onto 2 indexes, one titled “name and property,” the other titled “accounts and reports.” The document is delivered upon presentation of the receipt issued by the cashier in respect of the document at the time of presentation.

    When a document is presented for registration under Section 19 and is not in a language known to the registering officer, the translation together with the true copy of the document is filed in the appropriate book (as per West Bengal Act 17 of 1978).

    Stamp duty is 6%, if the property value is below INR 2,500,000 and 7%, if above.

    7 days No cost

    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.

    78 days INR 5,000 (including lawyer fees)

    * Takes place simultaneously with previous procedure.