Is It Legal To Move Into A New Flat Without Registry?
New Flat Without Registry- The costs associated with the registration and stamp duty after the acquisition of a home are the main ones. While paying the full amount of a flat, drawing a sale deed, and completing the registration process are the ideal procedures, homebuyers frequently doubt the necessity and usefulness of them. This blog investigates whether it is allowed to move into a new flat without a registry in order to address such questions.
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Real estate investing or purchasing sounds straightforward on the surface. It calls for a deal in which one party sells an immovable asset and the other party buys it. To ensure a seamless transfer of ownership, this process requires documents. But can this transfer be made after obtaining a new residence? What occurs if tenants move into a new flat without registering it? Let’s get started!
Why is it important to register a property?
The procedure of officially transferring ownership rights of a property from the seller to the buyer is known as property registration. The most crucial step in a real estate deal, it aids in determining who legally owns the property. All sales of real estate that are more than Rs 100 in value must be record, according to Section 17 of the Registration Act of 1908. All transportable property must be registers, according to this. The regulation is applies to gifts of property as well. The owner of a gift deed does not receive money in exchange for the property, but such properties must still be registered with the state in order to ensure their legal validity.
Top Indian cities’ registration charges
| City | Registration charges |
| Mumbai | 1 percent of the total property value |
| Delhi | 1 percent of the total property value |
| Hyderabad | 2 percent for properties under gram panchayat areas, 0.5 percent for other areas |
| Noida | 1 percent of the property value |
| Kolkata | 1 percent of the total property cost |
| Gurgaon | Between Rs 100 to Rs 50,000 (depending on the property value) |
| Chennai | 1 percent of the property’s market value |
| Bangalore | 1 percent of the property value |
| Ahmedabad | 1 percent of the market value, or the property’s transaction value (whichever is higher) |
| Pune | percent for properties below Rs 30 lakh, and Rs 30,000 for properties above Rs 30 lakh |
If the property is not registered, what could happen?
The parties may be subject to significant risks if the property is not registered. Any require document that is not registers will not be admissible in court. It is necessary to make sure that the buyer’s name appears in official records in order to demonstrate the buyer’s legal ownership of the property.
Additionally, an unregistered property has no legal standing, & the government has the power to purchase such properties if doing so is necessary for the development of the local infrastructure. As a result, failing to register an immovable property raises the chance that the owner will forfeit ownership. Additionally, if the property is not registered, the owner won’t be held responsible for compensation in the event that the government takes it. In such circumstances, the builder may also demand more money from customers to cover escalating expenses or satisfy the need for expanding infrastructure.
For instance, unregistered houses are being sold and bought in Noida’s sectors 150 and 79 Noida. These industries are categorize as Sports City based on research. The authorities, however, rejected the registry for such sectors because numerous builders failed to provide the necessary amenities.
The sentiment of buyers is unaffecting by the fact that over 90% of the homes in these areas are unregisters. Despite the fact that the consequences of such decisions might be burdensome, the high residential demand in these locations encourages consumers to buy unregistered flats.
What is the Property Transfer Act?
Immovable property ownership is covers by the Transfer of Property Act. Additionally, it covers the exchange of property between the two parties. Even in situations where a sale is not use to transfer the property, the Transfer of Property Act will still apply. The law will apply to any lease, exchange, gift, mortgage, or claim that can be brought to court.
A transfer is the procedure by which a living person gives their property to another person in the present or in the future, according to Section 5 of the Transfer of Property Act. It will still be considers a lawful transfer act even if the person decides to leave their property to themself.
What is the 1908 Registration Act?
The complete procedure of registering a property and the necessary paperwork are cover by the Registration Act of 1908. The Act was first introduced in 1864, however throughout time, numerous modifications have been made. With the exception of the State of Jammu & Kashmir, the Indian Registration Act of 1908 is valid throughout the country. It stipulates that every document pertaining to a property’s ownership must be present to the appropriate government agency, and the property must be registers.
Documents need for online real estate registration
The following paperwork must be submit by the parties along with the registration form in order to register a property with the State:
- Identity documentation like a PAN card or an Aadhar card
- passport-sized images of each party
- Sale deed
- You must have power of attorney (PoA) if you are presenting a party.
- If you are a company, you must also have a copy of the company’s board resolution authorising the registration process on the company’s behalf in addition to the letter of the authority of the PoA.
- Property card
- Payment evidence for the paid registration fee and stamp duty
The sub-registrar must receive the aforementioned documentation no later than four months following the purchase of the property. The property must be registers and the relevant charge must be paid. If the deadline passes without your submission, you may file a new application to the sub-registrar for a delay pardon.
Selling an unregistered property is it legal?
Selling a property before to registration is prohibited by the Transfer of Property Act, which regulates the ownership of movable properties. According to the Act, a person claiming control over a property must possess the legal authorization to sell it to a buyer. A property may only be sold directly after being entered into official records.
As was already mention, a few areas of Noida continue to sell unregisters properties. The buyer visits the sub-registrar’s office to pay the stamp duty fees after narrowing down their list of properties. The buyer pays the authority’s Transfer of Memorandum fees, stamp duty, and registry fees. Properties in Noida’s sectors 150 and 79 are being sold on sublease deeds with the assurance that the proceeds will be put towards creating a permanent flat register. The “assurance” is not, however, supported by law. This implies that there is no assurance the money put up for the registry will be utilise at a later time.
The government should educate prospective buyers about the dangers of signing such agreements in order to avoid similar situations. Making the lists of unregistered projects more widely known is another strategy to stop such purchases. If you have already begun looking for your ideal property, it is best to check for any nuances, look for occupancy and completion certificates, request an encumbrance certificate, and have all the paperwork confirmed by an attorney before moving through with the transaction.
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