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Himachal Pradesh Property Registration

Last updated : March 21st, 2020 05:49 pm

Himachal Pradesh Property Registration

The Indian Registration (Himachal Pradesh Amendment) Act, I968  governs the property registration process in Himachal Pradesh. Any transactions that involve the sale of immovable property should be registered to ensure a clear transfer of title to the property owner. The property registration process consists of the preparation of documents, paying the applicable stamp duty and registration charges for the sale deed to be legally recorded at the sub-registrar’s office. The Revenue Department manages the registration or transfer of property in Himachal Pradesh. In this article, we look at the process for Himachal Pradesh property registration in detail.

Himachal Pradesh Registration Act, 1968

Registration act provides details regarding the method of registering documents, information regarding legal rights and obligations affecting the particulars property.

Section 17 of Himachal Pradesh Registration Act

Compulsory registration of documents is provided under the Section 17 of Himachal Pradesh Registration Act such as Gift deed of immovable property, lease deed of immovable property for any term exceeding 1 year and instruments which create any right and the immovable property of a value of more than Rs.100.

Section 18 of Himachal Pradesh Registration Act

Optional registration of documents is provided under Section 18 of Himachal Pradesh Registration Act:

• Lease of the immovable property for any terms not exceeding 1year
• Instruments other than wills which operate to create, assign, declare limit or extinguish any right, title or interest to movable property
• Wills

Purpose of Property Registration (Deed registration)

Filing of a document of transfer of immovable property furnishes the following benefits.

• The document of transfer of a property will be a permanent public record once it’s registered with the concerned office of Sub-Registrar
• The public record of the transfer of property can be inspected by anyone and the copy of the document can be obtained from the Sub Registrar office
• Registration of property is giving the information to the general public that the ownership has transferred to the buyer by the owner
• If any person intends to buy a property, they can easily verify the record-index available in the sub-registrar office. (It can be done online through Himbhoomi portal). Such a person can ascertain in whose name the last transfer deed has been registered

Documents Required

Documents necessary for applying various deeds are in detail:

Documents Required for Gift Deed

• Nakal of Jamabandi
• Circle Rate
• Agriculturist Certificate of the donee or permission under section 118 of HPTRA whichever is applicable
• An affidavit or Self Declaration of Donor and Donee regarding the distance of land from the road
• ID proof of Donor and Donee
• PAN card of Donor and Donee
• Valuation of built-up structure from register valuator in case gift includes built-up area
• Copy of approved map if the built-up area is within municipal limits
• Copy of Tatima (If Tatima registry)

Documents Required for Lease Deed

Along with above mentioned all documents, few other documents are necessary for registering Lease deed:

• Lease sanctions Letter – If Leased land is Government Land
• Agriculturist Certificate of the Mortgagee – If Mortgage is with possession
• ID proof of Mortgagor and Mortgagee

Documents Required for Sale Deed

For registering sale deed a copy of Tatima (If Tatima registry) can be submitted with documents mentioned under Gift deed.

Stamp Duty for Property Registration

Stamp duty is one of the legal tax payable as a proof for any transaction involves an immovable property. Rates of stamp duty and registration fees for transactions in Himachal Pradesh are given here:

Rate of Stamp Duty

The rates of the Stamp duty in respect of gift, sale and mortgage deed with possession are 5% of the market value of a property or consideration amount, whichever is higher.

Registration Fees

The rates of registration fees are 2% of the above amount subject to the minimum of Rs.5 and the maximum limit of the registration fees has been fixed as Rs.25,000. 

Fee for Document Writers

Fee for document writers is based on the value of the property specified in documents.

S.No	Value of Property	Fee For Original Document	Fee for Copy of Document
1	1 to 1000	Rs.4	Rs.2
2	1000 to 10000	Rs.8	Rs.2
3	10000 to 20000	Rs.12	Rs.2
4	20000 to 50000	Rs.16	Rs.2
5	50000 and Above	Rs.20	Rs.2

Calculate Stamp Duty and Registration Fee Online

The applicant can calculate stamp duty for a property transaction through online duty calculator available in Himachal Revenue Department by following the steps explained here:

Step 1: To view the applicable stamp duties and registration fee, visit the duty calculator page of HP Revenue department web portal.

Step 2: Select deed type from the drop-down menu for registration.

Step 3: The applicant has to select below-mentioned details for calculating applicable stamp duty and registration:

• District, Village, Area Type
• Financial year
• Tehsil
• Patwar Cycle
• Kanoongo Circle

Step 4: After providing the details, enter the captcha code shown and click on the Proceed button.

Step 5: Upon clicking on Proceed, the page will redirect to the new page, where the applicant has to select the category type.

• Category-I: Property in which any point of the concerned Khasra Number or part thereof abuts to a road
• Category-II:  25% less than Category-I property or land in which any point of the concerned Khasra Number or part thereof is land up to a distance of 50 meters from a road
• Category-III: 50% less than Category-I  property or land in which no point of the concerned Khasra Number or part thereof is within 50 meters from such road

Note: Circle rate will be varied with respect to categories

Step 7: Provide details of Area Being Transacted (Bigha-Biswa-Biswansi). The market will be calculated based on these values.

Step 6: Enter the percentage of female share (if any) because different Stamp Duty is available for male and female. Based on the share details, actual Stamp Duty will be calculated.

Min	Minimum	Male	Female
Stamp Duty	100	6%	4%
Registration Fee	100	2%	2%

Provide details of the new industry – 50% rebate on Stamp Duty is applicable for new industries.

Step 7: Enter consideration or transaction amount, duty will be chargeable on market value or consideration amount whichever is greater.

Step 8: Duty will be calculated automatically after providing all details. Note the duty amount; it needs to be paid at the time of filing application.

Procedure for Registering Deed through Sugam

The following are the procedure for registering deed through sugam centre in detail:

Approach Sugam

Step 1:  Duly filled application of required deed and all other relevant documents need to be submitted at Sugam centre. We have herewith enclosed the format of Deeds.

DEED FORMAT HP Property

Note: Electronic form of documents need to submit to Sugam centre.

Visit Registrar Office

Step 2:  R.C or duly authorised counter clerk will forward the application online to the concerned authority. Visit the Sub Registrar Office on the requisite date and time with original documents.

Verification By SRO

Step 3:  Sub registering officer will verify the following details:

• Documents verification
• Oral verification of Transaction
• Checking of entries made by the RC
• Examination of proper stamp duty

Step 4:  Upon verification, the SRO will update details online in online land records (Himbhoomi) website.

Note:  If the application is rejected by SRO, Return Deed with reasons for rejection will be updated online through the portal.

Recording Photo and Bio-Metrics

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

Step 6:  SRO officer will regularize the party details form by obtaining the sign and Biometrics of the buyer and seller.

Pay applicable Duty

Step 7:  SRO will send notification to RC for fee collection. Pay applicable duty for registration, R.C will generate fee receipt. After generating receipt deed number can be obtained.

Note: Kindly note it for future reference

Registered Deed

Step 8:  RC will forward a final endorsement to SRO online. SRO will print final endorsement and endorse deed by signing and send online to RC for scanning and delivery.

By visiting Sugam centre, the applicant can collect the registered deed.

Process of Property Registration via Registrar Office

Process of Registering Property in Himachal Pradesh can be done through Registrar office. Document preparation for registration can be done through deed writers by paying the applicable fee.

Submit the application form (refer above) along with all supporting document to Registrar Office. After verification SRO will register the property and update details in online land records. The applicant can receive the registered deed from the concerned Registrar’s office.