Table of Contents
Introduction
We are a team of the best property registration lawyer in Kolkata. We provide the best Land and property lawyers for your property registration. With the expansion of the real estate industry, the market value of the property and other incidental costs for property registration lawyer in Kolkata are increasing dramatically. Still, we believe in integrity in our practices and grow by serving to large no of people rather than charging enormous fees from few property transactions.
If you have purchased a property or been gifted or leased for more than a year, any immovable property such as Land, house, flat, etc., in India must be registered in the government documents. Registration Act, 1908 governs the registration of property in India. The registration act provides for the registration of Documents. It states that any property bought at a price above Rs.100 needs to be registered. It is in the buyer’s interest to register as it will act as evidence in the future and prevent the buyer from any fraud, it is important to take proper guidance from property registration lawyer in Kolkata before buying any property.
Following documents are mandatory to register under the Registration Act 1908.
- Instrument of sale of value exceeding Rs.100. [Section 54 of Transfer of Property Act, 1882]
- Any Exchange of value more than Rs.100 [Section 118 of Transfer of Property Act, 1882].
- Instrument of the gift of immovable property. [Section 122 of Transfer of Property Act, 1882]
- Lease of more than a year.
- Where any person contracts to transfer for consideration by writing signed by him under section 53A of the transfer of property Act, 1882.
The Registration Act also provides for the optional registration of some documents. They are the following :
- Adoption Deed.
- Instrument relating to shares in a joint-stock company.
- Debentures are issued by a joint-stock company.
- Will.
- Agreement of all 6 (Six) types of mortgage mentioned in section 58 of Transfer of Property Act.
- Lease of immovable property not exceeding one year.
- Document of a past transaction.
- Power of Attorney with respect to movable property.
- Decree or order of court comprising an immovable property valued below Rs. 100
- Promissory note.
- Instrument of partition by Revenue Officer.
- Grant of immovable property by Government.
There is a defined time limit within which you need to complete the registration process. Registration Act fixes this time limit is four months. All documents except those will need to be presented before the office of sub-registrar Assurance within four months from the date of execution.
The following Documents are required for the property registration in Kolkata.
Following documents need to be presented before the office of sub-registrar Assurance within whose sub-district the whole or part of the property is situated.
- Any government identity proof viz. Aadhar Card, PAN Card, etc.
- Power of authority to make the transaction if the seller or purchaser is not present physically. If a company is selling or buying property, a resolution of the board of directors authorizing the person to make the transaction on behalf of the company is needed.
- Apart from those documents, there must be two people as a witness to this transaction before the office of sub-registrar Assurance, where the property is situated.
- Certain dues like stamp duty need to be paid to complete the formalization process of the registry of property.
Commission Registration
Most of these processes can be done online in Kolkata, but one appointment with the registrar’s office is needed to formally complete the registration process. Suppose a person selling or buying can not come to the sub-registrar’s office. In such a situation, the registrar may designate an official to visit the home of the seller or buyer in order to complete the registration process, and the best property registration lawyer in Kolkata can provide complete guidance in this regard.
Law does not recognize the unregistered property, and there is no remedy available against any such property. The Act mentions the effects of non-registration of documents needed to be registered under the Registration Act, 1908. It states that :
- No document required to be registered under this Act shall be valid for creation, operation, declaration, limitation, and assignment of any right, title, or interest in any immovable property unless registered within the specified period.
- The document shall not confer any power to adopt.
- The document cannot be received as evidence of any transaction affecting such property or conferring power.
Registration provides safety and saves the buyer from fraud. It also helps find out if there is any litigation on the property. It also allows Government to maintain discipline in the record. A registration document acts as evidence in a court of law in case a dispute arises.
Appointment
In Kolkata, if you are buying or leasing any property, which comes under the mandatory registration category, it is advisable that you must register it in the manner provided under the Registration Act 1908. The Government does not recognize unregistered property. It will provide legitimacy and make the transaction valid in the eye of the Indian legal system. Also, registered documents will act as proof in courts in case of any disputes.
We will provide you with the top property registration lawyer in Kolkata. Also, we assure you that our lawyer’s fees for property registration in Kolkata will not make a hole in your pocket. Feel free to contact us for property registration lawyers in Kolkata for hassle-free, high-quality services and simply completing this form will allow us to process the online registration process.
What is the Full Process of the Registration of Immovable Property in India and duty of property registration lawyer in Kolkata?
Step 1: Searching of Property
- Document Verification
The first step of the Registration of Immovable Property is to verify the Documents of the Property. It is always wise to check the legal documents of a property before registration. People have to face so many legal challenges after buying a disputed property. An intelligent Buyer should always try to get all the documents available from the Seller. He/she should hire a good property registration lawyer in Kolkata with expertise in property matters and verify the legal validity of those documents. A proper background check is necessary for buying immovable property in India. An experienced lawyer can easily understand whether there is any fraudulent paper being given or not. Our best property registration lawyer in Kolkata can verify any document related to your property. Therefore you can rest assured of the property you are planning to buy.
- Registration Searching
“Registration Searching” is an integral part of the searching process for a property. Ld. Lawyers verify the Ownership of a property by physically searching the records in the concerned Registration offices. Jurisdiction for R.O. (Registration office) is decided on the basis of property location. Our best property registration lawyer in Kolkata carefully analyse all the data available. Therefore we identify the real owner/s of a specific property and the date on which it was registered. This process can help you find details about the number of times that property had been sold and its owners. Our property registration lawyer in Kolkata can guide you through the Registration searching process. He is highly knowledgeable and has years of experience with searching matters.
- B.L. & L.R.O. Searching
If you are purchasing Land in West Bengal then you should hire a good Property Lawyer. We often see that people face land disputes and court litigation after buying Land. If your land records are not clear then you may also face the same situation. Our best property registration lawyer in Kolkata can help you check B.L. & L.R.O. records for you. With right Land records and our expert guidance you can easily register your property. We provide B.L. & L.R.O. Searching services so that innocent people do not have face the legal complexities that others have before.
- Loan/Mortgage Searching
Before purchasing any immovable property it is necessary to check Loan/Mortgage records against a property. In India, a person cannot sell/transfer/gift a property which is under Bank Loan/Mortgage. Although with permission from the Bank, one can transfer that Loan/Mortgage to the buyer. If someone sells you mortgaged property, you may face challenging legal litigations. Our best property registration lawyer in Kolkata can help you with Loan/Mortgage Searching of the property you are planning to buy. It is wise to buy a property which is free from all encumbrances. Our expert team of lawyers can guide you with Loan/Mortgage searching process.
- Court Searching
“Court Searching” is another essential process to be done before buying a property. In India, Thousands of people are currently under legal litigation because they bought the disputed property without knowing about it. Therefore it is important to go through with the Court Searching process before purchasing it. With the court searching process, we can find out whether the owner of a property is being prosecuted or if there is any pending case against them. Our team of elite Lawyers can help you with the Court searching process.
Step 2: Drafting of Deed
The second essential step of registration of a property is the drafting of a Deed. After verification of property documents Ld. Lawyers initialise the drafting process. It contains the name and address of both the sellers and buyers of the property. It also consists of details of Chain Deeds, the location of the property, and land details like Dag numbers and the nature of the land, etc. After completion of the Draft, both parties should agree with the terms and conditions of the proposed deed.
Step 3: Valuation/Query Generation
In the third step, our property registration lawyer in Kolkata prepares the Valuation chart or initialise the Query generation process. It is an integral part of the registration process. A valuation sheet or a Query Assessment contains every detail of the property with details of the seller/buyer and the exact valuation of the property. Before registration of the property, the Purchaser/Buyer has to pay online the Stamp Duty and Registration fees according to the Valuation/Query Assessment. After the completion of the payment, an E-Challan will be generated which should be submitted to the registration office with the Query at the time of presentation of the Deed.
Step 4: Deed Signing & Presentation of Deed
The fourth and last step is the Signing of the Deed of both parties. The Buyer and Seller have to sign the Deed in the presence of at least Two Witnesses. After the presentation of the Deed in the concerned Registration Office, it will be checked by the respective officers. At the end of the completion of the Registration, a Chirkut (registration receipt) or I.G.R. will be generated and signed by the Presentent. Our best property registration lawyer in Kolkata can help you with all the Steps and procedures discussed above for registration. Our expert lawyers have years of experience in registration matters and have been successfully handling numerous cases.
Before purchasing any property, read the following article: What are the requirements for the 5 Types of Searching from the Best Property Verification Lawyer in Kolkata?