Showing posts with label land ownership. Show all posts
Showing posts with label land ownership. Show all posts

Guide to Registering Properties in Delhi




If you are interested in purchasing some properties in Delhi, this guide intends to inform you, how you can register your property to have legal authority over it. It takes you through the process involved in registering a property in Delhi, the city that is home to many large multinational corporations and government offices. 
This guide will take you through each step of the registration process, so that you can approach it with ease.

Registering Property in Delhi

You need to apply to the Sub Registrar's office of the concerned district in Delhi, in order to register your property. The response time on registration is usually 15 days or a little more, if you proceed using paper documentation. If you wish to use the online registration system recently introduced by the Delhi Government, you will receive a response on the day you file your application itself.

Documents Required

The documents required to register properties in Delhi can be either Sale Deed, a Will, a Conveyance Deed, a Gift Deed or Share Certificates. 

The registration fee for all the documents, except for a will, remains the same, 1 per cent of the total value, with an additional charge of Rs. 100. The registration fee for a will is Rs. 600. The stamp duty differs for each document, and is based on gender.



The Registration Procedure for Sale Deeds

If you have a sale deed, the following steps will guide you on how to go about registering your property:

Details Required

You need to provide the details which will be applicable to your property, such as the date of purchase, the property transfer and inheritance issues, the legal ownership document, the proof of payment of all dues such as water bills and property taxes, and the clearance certificate from the urban land ceiling authorities.

Drafting a Legal Agreement

The next step you have to take, is drafting a legal agreement. This has to be made on a stamp paper, and you have to make an advance payment to the vendor. Make sure you mention a time period for the registration.

Completion of Registration

A property registration attorney will prepare the document, and the final deed will be printed with stamp duty certificates.

The final step involves the stamping, execution and registration of the document at the sub registrar's office. For this step, you need to be present at the office with the buyer and two witnesses. You will also need your identification documents for completing this step.

Once this is completed, the documents will be handed over to you in 30 minutes, after the submission of the payment receipt.


Online Registration in Delhi

You can register your properties in Delhi quickly, by using the online registration portal that ensures transparency in the process.

Your registration will be completed on the day you file an application.

Filing an Application

To file an application, you must have a pre-fixed appointment online or over the phone. This is so that you receive a unique appointment number, date and time to approach the sub registrar’s office. You can reach out to the appointed officials online, through the resource department website and receive your documents on the same day.

You can register 32 different property document types at the sub-registrar office. The office will have the details about your registration process, along with the forms required and the document set you need to provide. You can use the online calculator provided to determine the stamp duty based on the details you provide. You can purchase e-stamp paper, once the stamp duty is calculated.

Verification Process

Once you complete this, you can head to the sub-registrar's office, where your application is checked. Then, someone will direct you to the correct representative. You have to enter with an electronic access card, after which your documents and identity will be verified. You need to clear this step in order to appear in front of the sub registrar.

Completion of Registration

You will receive your registration documents in the evening, between 4-6 pm. This process makes the registration of property in Delhi much more user friendly, easy and transparent.



------ Thanks for reading RealT Horizon :) ------

Ownership - Holding a Real Estate Asset

Continuing from where I left my last post - Understanding the reality in RealT – Generic Real Estate Value Chain, let me take you further by trying to elucidate the first component of the value chain – Ownership.

So what is the meaning of Ownership?



Just going by the literal gist, ownership implies having a hold or right on something. Just as any other commodity always has someone to claim for it, so is the case with real estate properties. Of course here it comes with some complications due to the nature of this business. In Real Estate, this function – Ownership holds a much more significant stature due the to the following reasons:


  • The first reason, time horizon, is important as some of these investments span across generations. In such a case, an unclear ownership can result in blunders in future.
  • Involvement of ‘unreported money’: Owners prefer not to disclose their true identity and goes for complex ownership structures. This is due to the nature of this business because there is a requirement of humongous capital for property projects.
  • Property taxes, though not very obvious, are also responsible for ownership problems. Reason is simple, to save taxes!

Rights of Ownership

So what does having an ownership title on a property mean? It means that if you have that title, you have the right to:
  • Use the property
  • Delegate the ownership title to anybody
  • To enjoy the monetary/other benefits derived from the property
  • To sell/lease the property

Types of Ownership

Ownership can be categorized in 2 ways – Holding Pattern (Structure) & Tenure.



By Structure                                                                
Sole
There is a single holder of the property and he/she holds all the rights mentioned above.
Co-tenancy
Joint
A form of co-tenancy where the title is shared by 2 or more holders, in EQUAL proportion. In this type of ownership, the interest of one partner is automatically transferred to other upon former’s death. Generally common for spouses.
Tenancy in common
A co-tenancy wherein the proportions NEED NOT BE EQUAL. Unlike the above case, here the ownership is not automatically transferred to the other partial partners.




By Tenure
Freehold
Complete rights to the owner forever.
Leasehold
Right to possess and use the property with compliance to the pre-specified terms of use.
Reversion
Right to possess free interest in real estate after the expiration of a Life estate,
Estate for years or Leasehold.
Life Estate
Complete rights ONLY till the owner’s death.
Estate for years
Complete rights ONLY for a specified term.


Alarming state in India!


Although I couldn’t find very vivid stats on this but what I found out was enough to raise few eyebrows. Nearly 90% of properties in India don’t have a clear title! Let’s see what impact it has.


Impacts of Unclear Titles

  • Scarcity of land – resulting in increased prices
  • Inefficient legal practices
  • Increase in the use of black money
  • Increased insurance complications
  • Frauds


Solutions

  • Fast track courts
  • Computerization of land records
  • Audits on existing properties
  • Stricter land rules
  • Education to investors



Note: The above mentioned information is a just an indicator of what is 'Ownership' in RealT Sector and what relevance does it hold in creating a new Horizon! Hope this was useful :)


 - - - - -  Thanks for reading J   - - - - -

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