Overview
Property Registry is the legal process of recording the transfer or creation of rights in immovable property in official government records at the office of the Sub-Registrar. Carried out under the Registration Act, 1908, it makes the buyer's (or transferee's) ownership legally recognised and gives the transaction validity against third parties.Anyone purchasing, gifting, leasing (for more than 12 months), mortgaging, exchanging or partitioning land or a building needs to get the relevant deed registered. Under Section 17 of the Act, the sale or transfer of immovable property valued at ₹100 and above must be registered to be legally valid. This applies equally to individuals, families, builders, companies and institutions involved in any such transaction.
Registration is required because an unregistered document that should have been registered cannot transfer or affect immovable property and cannot be admitted as evidence of title in court. Registering the deed creates a permanent public record, helps prevent fraud and disputes, establishes a clear chain of ownership and is essential for later steps such as mutation of the property in municipal or revenue records.
Types
Several types of deeds relating to immovable property require registration under the Registration Act, 1908. The most common ones in India are:- Sale Deed – Transfers ownership of property from a seller to a buyer for a consideration (price). It is the principal document in most property purchases and is compulsorily registrable.
- Gift Deed – Transfers property voluntarily from a donor to a donee without any monetary consideration. For immovable property, registration is mandatory for the gift to be valid.
- Lease Deed – Grants the right to use a property for a fixed period in exchange for rent. Registration is compulsory where the lease is for a term exceeding one year (12 months).
- Mortgage Deed – Creates a charge on property offered as security for a loan; ownership stays with the borrower while the lender obtains a charge. It must be registered to be enforceable.
- Exchange Deed – Records the swap of one property for another between two parties.
- Partition Deed – Divides jointly held property among co-owners, defining each owner's separate share.
How to Apply
Getting your property registration done through TaxoSure is simple and fully assisted. Just follow these steps:- Visit TaxoSure. Go to taxosure.com and open this Property Registration service page.
- Login or Register. Create your free TaxoSure account, or simply log in if you already have one.
- Upload your documents. Your KYC documents (PAN & Aadhaar) are auto-filled from your account; upload the remaining property documents as per the checklist on this page.
- Submit your application. Send us your request in just one click.
- Talk to our consultant. Our consultant connects with you on WhatsApp / Call to confirm the details, share the pricing and begin the work.
- Get your registered deed. Our experts complete the entire property registration process and deliver your registered deed and related documents to you.
Legal Importance
Registration gives a property transaction legal sanctity and protects the rights of the owner:- Legal validity of transfer – Under Section 17 of the Registration Act, 1908, documents transferring or creating rights in immovable property worth ₹100 and above must be registered to be legally effective.
- Conservation of evidence and title – A registered deed becomes a public document carrying a presumption of correctness, serving as authentic proof of ownership.
- Admissibility in court – By virtue of Section 49, a compulsorily registrable document that is not registered cannot be used as evidence of the transaction affecting the property, and does not create any right, title or interest in it.
- Protection against fraud and disputes – Registration records the transaction permanently, helping establish a clear chain of ownership and reducing the risk of fraudulent or competing claims.
- Basis for further records – A registered deed is required for mutation in municipal or revenue records and for raising loans against the property.
FAQs
Is property registration mandatory in India?+
Yes. Under Section 17 of the Registration Act, 1908, the sale or transfer of immovable property valued at ₹100 and above must be registered. An unregistered document that should have been registered cannot legally transfer the property or be used as evidence of title in court.
Where is property registered?+
Property is registered at the office of the Sub-Registrar having jurisdiction over the area where the property is located. The parties and witnesses must appear there in person to execute the deed.
Who must be present at the time of registration?+
Both parties to the transaction (for example the buyer and seller) and two witnesses must be present at the Sub-Registrar's office with original documents and valid identity proofs. Signatures, photographs and biometrics are captured during registration.
What charges apply for property registration?+
Stamp duty and a registration fee are payable, and both vary from state to state and are charged as per current government norms, usually calculated on the higher of the transaction value or the government circle rate. You should check the rates applicable in your state.
What happens if a sale deed is not registered?+
An unregistered sale deed does not legally transfer ownership and cannot be admitted as evidence of title in court under Section 49 of the Registration Act, 1908. This can lead to disputes, difficulty in proving ownership and problems in obtaining mutation or loans against the property.