Delhi Property Registration - Procedure and Charges

The Revenue Department in Delhi handles property registration through 15 Sub-Registrar Office of the concerned subdivision. Delhi has eleven districts and 33 subdivisions, three per district. In this article, we look at the procedure for property registration in Delhi, along with procedures and charges.

Document Registration

As per the Registration Act, 1908, certain documents like the sale or title deed, conveyance deed, lease deed, gift deed and agreement for sale need to be compulsorily registered. Some documents like

Will, the general power of attorney, special power of attorney, trust deed, partnership deed can be registered optionally through the Registrars office.

Property Document Due-Diligence

Before purchasing a property, its important to perform thorough due diligence on the validity of the title to the property using a Lawyer experienced in property matters. For following are some of the important areas that must be verified during a property document check:

Mother Deed or Parent Documents

Parent document is an important legal document that helps trace the ownership of property. Required parent documents would be required for availing property loans, etc., In case, there is no parent document available (for instance, purchase of flat), in such case obtain certified copies of the parent document from the registering authorities.

Building Plan Approval

In case there is a building on the land or the property has a structure, then building plan approval must have been obtained from the relevant authorities. Building plan approval can be checked against the actual built-up property to ensure there are no deviations.

Encumbrance Certificate

Encumbrance certificate can provide an insight into all the transactions that are done on the property. Encumbrance certificate checks for evidence of mortgages, title transfers, or any legally registered transaction that affects the property. It is important to obtain an encumbrance certificate of up to 15 years to ensure there are no unforeseen liabilities attached to the property.

Property Tax Receipts

Check the property tax receipts to ensure that property taxes have been paid until the date of sale. It is also important to ensure that the owner's name on the property tax receipt matches the seller. The above list is not exhaustive and would vary based on the type of transaction. Hence, it is necessary to engage an experienced Lawyer for completing property due-diligence.

Registration of Property Documents

Once the due diligence is performed and terms of sale between the seller and buyer, a sale deed is drafted. Sale deed contains details of the buyer, seller, property, terms of sale, etc.. On drafting, the sale deed must be presented to the Sub-Registrars office with the following documents for registration.

Document required to be registered ( in duplicate);
Two passport size photographs of seller and buyer;
Two witnesses;
Proof of identification of each party and witnesses;
In case the property is/was under a lease from D.D.A., L&DO, M.C.D., Industries Department, Labour Department of Delhi Govt. etc., the permission of lessor for registration of the document.
No objection Certificate under section 8 of Delhi Land (Restriction and Transfer) Act, 1972 from Tehsildar of the Sub Division of the District to the effect that the property is not under acquisition.
Income Tax Clearance Certificate in prescribed proforma 34A, under section 230 of the Income Tax Act, from concerned Income Tax Officer where the transaction exceeds Rs.5,00,000/-
Permission from the Appropriate Authority in the prescribed proforma 37 I, where the transaction exceeds Rs.50,00,000/- under the provisions contained in section 269 of Income Tax Act, 1961.

Stamp Duty Charges in Delhi

The charges applicable for property document registration in Delhi are:

Stamp duty and transfer duty @ 4% if the vendee is a woman and @ 6% if the vendee is a man
The registration fee is 1% of the total value of Sale Deed + Rs. 100/- pasting charge.

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Frequently Asked Questions

Common questions about Delhi Property Registration Procedure and Charges.

To register a property in Delhi, you need to submit the required documents, including the sale deed, proof of identification, and necessary clearances, to the Sub-Registrar's office of the concerned subdivision. It is advisable to perform thorough due diligence on the property's title and obtain the necessary certificates before registration.

The main documents required for property registration in Delhi are the sale deed (in duplicate), photographs of the buyer and seller, proof of identification for all parties and witnesses, clearances from relevant authorities (such as income tax, land acquisition, and lease authorities), and payment of stamp duty and registration fees.

An Encumbrance Certificate provides details of all legal transactions and liabilities associated with the property for a specified period, usually up to 15 years. It helps identify any mortgages, title transfers, or other legal obligations attached to the property, ensuring there are no unforeseen liabilities.

The stamp duty and transfer duty in Delhi is 4% of the property value if the buyer is a woman, and 6% if the buyer is a man. Additionally, a registration fee of 1% of the total value of the sale deed, plus a pasting charge of Rs. 100, is applicable.

Checking the building plan approval is crucial if there is a structure on the property. It ensures that the building has been constructed with proper approvals from the relevant authorities and that there are no deviations from the approved plan, which could lead to legal issues in the future.

The Parent Document, also known as the Mother Deed, is an important legal document that traces the ownership history of the property. It is essential for availing property loans and verifying the legitimate ownership chain of the property.

Engaging an experienced lawyer is crucial for property registration in Delhi. A lawyer can assist with thorough due diligence, drafting the sale deed, obtaining necessary clearances and certificates, and ensuring compliance with legal requirements during the registration process.

A No Objection Certificate (NOC) under Section 8 of the Delhi Land (Restriction and Transfer) Act, 1972, is required to ensure that the property is not under acquisition by the government. This certificate is obtained from the Tehsildar of the concerned subdivision.

Checking property tax receipts is essential to ensure that the property taxes have been paid up to the date of sale and that the owner's name on the receipts matches the seller's name. This helps verify the legitimate ownership and avoid any outstanding liabilities.

In Delhi, it is mandatory to obtain an Income Tax Clearance Certificate (Form 34A) from the concerned Income Tax Officer if the transaction value exceeds Rs. 5,00,000. Additionally, permission from the Appropriate Authority (Form 37I) is required if the transaction value exceeds Rs. 50,00,000, as per the provisions of Section 269 of the Income Tax Act, 1961.