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Assam Property Registration

Assam Property Registration

Assam Property Registration

Assam property registration procedure is governed by the Registration (Assam Amendment) Act, 1908. Any transactions that involve an immovable property should be registered to ensure clear transfer of title to the property owner. Once the property registration procedures have been completed, it becomes a permanent public record. The immovable property registration process involves the preparation of deeds, paying the applicable stamp duty and property registration fees for the deed to be legally recorded. The Inspector General of Registration, Revenue & Disaster Management Government of Assam, manages the registration of property/deed registration in Assam. In this article, we look at the procedure for Assam Property Registration in detail.

Know more about Assam Non-Encumbrance Certificate

Registration (Assam Amendment) Act, 2013

Registration (Assam Amendment) Act provides details regarding the process of registering deeds (documents), information regarding the legal rights and obligation affecting the particulars of immovable property. According to this registration act, the immovable property includes land, buildings, lights and fisheries.

Section 17 of Registration Act – Compulsory Deed Registration

Section 17 of Registration (Assam Amendment) Act governs the different categories of the documents for which registration is obligatory. The following type of deeds/documents needs to be compulsorily registered:

  • Instruments that extinguish a title to the property of value above one hundred rupees
  • Instruments of the gift of immovable property
  • Lease of immovable property of any terms exceeding one year or from year to year

Section 18 of Registration Act – Deed Registration Optional

Section 18 of the Registration (Assam Amendment) Act governs the deeds for which registration is optional, that is described here:

  • Instruments other than wills and gifts relating to the transfer of immovable property, the value of which should be less than Rs.100
  • Lease of immovable property for less than 12 months (1 year)
  • Instruments are acknowledging payment of any consideration
  • Instruments are transferring any order of a court where the subject matter is immovable property, the value of which should be less than one hundred rupees.

Purpose of Assam Property Registration (Deed Registration)

Assam property registration of immovable property provides the below-mentioned benefits:

  • As per the provision of Assam registration act, rights, title or interest can be acquired only if the deed is registered.
  • The document/deed registration will be a permanent public record once it’s registered with the concerned office
  • Anyone can inspect the property registration public records and get a copy of registered deeds
  • Assam registration of property providing the information to the public that the ownership title has transferred to the new owner.
  • Property registration/deed registration enables any citizen to verify whether the property has been previously encumbered while purchasing the property
  • If a person intends to buy immovable property in Assam, he/she can easily verify the record-index available in the registrar office. The citizen can ascertain in whose name the last transfer document has been registered.

Note: As per the Assam Registration Act, if the immovable property has not been registered, such property will not be admissible as evidence in the court of law.

Prescribed Authority

The corresponding document/deed needs to be presented for registration at the office of the Sub-Registrar situated in a District, Sub District and Circle level where the whole portion of the land/property is situated.

Documents Required

Documents required for applying for Assam property registration is explained in detail here.

  • Assam Property Registration Application Form
  • NOC from the DC
  • NOC from GMDA/Permission from Municipality
  • Original deed in stamp paper with stamp assessment

Time Frame

The Assam Property Registration will be completed within fifteen days from the date of Application.

Stamp Duty for Assam Deed Registration

The stamp duty is a kind of tax that needs to be paid at the time of Assam property registration. This legal tax required to be paid as proof for any purchase of immovable property or land or registration of deed in Assam. Stamp Duty is deliberated by market value or a considerable amount of the land, whichever is higher.

The applicant can refer the below-attached document to verify the rate of stamp duty for Assam Property registration.

 

Note: Consideration amount is a total value of funds that involved in any sale or purchase transaction entered between two or more parties

Know more about Procedure to get Assam e-Stamp Paper

Registration Fee

For registering property in Assam, the applicant needs to pay a registration fee along with stamp duty to Government.

Refer the below-attached document to know more about Assam Property Registration:

Assessment of Stamp Duty and Registration Fee

To get the rate of Stamp Duty and Registration fee for Assam Property Registration, the applicant needs to access the home page of >Assam revenue department. Select Document option from the homepage; the page will redirect to the e-Panjeeyan page.

Image 1 Assam Property Registration
Image 1 Assam Property Registration

Provide the following details to get the rate of stamp-duty:

  • Deed Category
  • Deed Sub-category
  • Security Question

The following information is necessary only in case of deeds related to land/flat (example sale or gift of land/flat)

  • Consideration Amount (In Rupees)
  • Purchaser Details
  • Land/Flat Location
Image 2 Assam Property Registration
Image 2 Assam Property Registration

After entering the above-mentioned details, click on the submit button. The details of Assam Property Registration and Stamp Duty will be displayed.

Image 3 Assam Property Registration
Image 3 Assam Property Registration

Prepare a Deed

Before applying for Assam property registration, the document deed needs to be prepared. Deed/document preparation for registration can be prepared personally written by the executants or through document writers by paying the applicable fee. Fee for deed writers will be based on the value of the property specified in the deed/document.

The language of a deed presented for registration should be in an expression commonly used in the district existing in Assam.

Note: The sub-registrar empowered to refuse to register the immovable property if the language prescribed in the document is not commonly used in the Assam districts unless an accurate translation accompanies the report into the language widely used in the region.

Procedure for Registering Deed through SRO

Before applying for Assam Property registration, you need to pay Stamp duty & registration fee. On successful payment of registration fee, you will be provided with e-Stamp paper which needs to be attached along with the application.

Process for registering deed through Sub-Registrar office is explained in step by step procedure here:

Approach Sub Registrar Office

Step 1:  Duly filled application of Assam Property registration and all other supporting documents need to be submitted at SRO.

We have herewith enclosed the application form for Assam Property Registration:

APPLICATION FOR REGISTRATION OF DEEDS

Get Acknowledgement Slip

Step 2: On submission of application, an acknowledgement slip will be provided with you, and the application will be processed. This slip will contain a unique number and slot date for visiting SRO office for verification.

Time-Slot Booking

The applicant can also book an appointment to visit the sub-registrar office for document registration. For online booking, visit the home page of the e-Panjeeyan web portal. Select the option ‘Apply for Deed Registration’.

Image 4 Assam Property Registration
Image 4 Assam Property Registration

The link will redirect to a new page, provide following details:

  • Applicant Name
  • Applicant Type
  • Desired Appointment date
  • Office for Registration
  • Deed Category
  • Deed Sub-category
Image 5 Assam Property Registration
Image 5 Assam Property Registration

By clicking on submit, the application for a time slot will be forwarded to the concerned sub-registration office. Upon satisfaction, SMS will be forwarded to the registered mobile number regarding confirmation of Appointment date.

Verification by SRO

Step 3: Visit the Sub Registrar Office on the crucial date and time with original documents. Sub-registrar officer will verify the following details.

  • Examination of proper stamp duty
  • Examination of Registration Charges
  • Documents verification
  • Oral confirmation of Transaction
  • Checking of entries made by the clerk

Step 4: Upon verification of application, the SRO will update details in the land records maintained by the Assam Government.

Note:  If SRO rejects the deed registration application, the deed will be returned, and reasons for rejection will be updated.

Recording Photo and Biometrics

Step 5: Once the Sub-Registrar marked the deed, it will be fetched into the revenue records, and document data and Photograph of the buyer, seller, witnesses and identifiers will be recorded.

Note:  Any person, above 18 years of age and not a party to the property may sign as a witness.

Step 6: SRO officer will regularise the party details form by obtaining the sign and Biometrics of both parties (buyer and seller).

Get Registered Deed

After verification, SRO will register the property and update details in online land records. The registered deed or records of rights can be obtained from the concerned sub registrar’s office.

Once the updated Records of Rights is obtained, you need to update the property. Know more about Assam Namjari – Land Mutation

 

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