Gujarat Property Registration | Encumbrance Certificate | Stamp Duty Charges
The department that is responsible for property registration in the state of Gujarat is the Department of Registration. Department of Registration looks after the services that are related to property like registration of documents and issue of encumbrance certificate. The Inspector-General of Registration, Government of Gujarat manages the registration or property transfer in Gujarat.
Today in this article we are going to discuss everything about Gujarat Property Registration like its objectives, benefits, required documents, eligibility criteria, stamp duty, encumbrance certificate, the application process, important highlights, etc. So to know more about Gujarat Property Registration stay connected with us.
Gujarat Property Registration
Property Registration in India is governed by the Registration Act of 1908. Registering your immovable property should be the top priority when you buy a house, shop, or land as it provides your legitimacy to carry out any transaction. A person is considered the legal owner of a property only after he gets the property registered in his name. The Department of Registration is liable for property registration in the State of Gujarat.
Registration fees and stamp duty are not the same in all states of India so it’ll vary from state to state. The stamp duty is established on the agreement value or the market value and may vary from property to property and place to place. EC fees, Document Preparation charges are other charges incurred.
|Gujarat Property Registration Highlights|
|About||Gujarat Property Registration|
|Department||Department of Registration|
|Benefit||Registration of property will be done|
|Beneficiaries||Residents of the state|
|Official Website||Click Here|
Section 17 Registration ( Gujarat Amendment) Act
Section 17 Registration (Gujarat Amendment) Act looks after the different categories of the deed for which registration is obligatory. Below are some following types of deed that are needed to be compulsorily registered:-
- Instruments that extinguish or title to a property of a value of above one hundred rupees.
- Instruments of the gift of immovable property.
- Lease of immovable property of any term exceeding one year or from year to year.
Section 18 Registration ( Gujarat Amendment ) Act
Section 18 Registration ( Gujarat Amendment) Act looks after the deeds of which registration is optional. Below are some following types of deeds:-
- Lease of immovable property for less than 12 months.
- Instruments other than wills and gifts relating to the transfer of immovable property, the value of which should be less than Rs 100.
- 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.
Registration ( Gujarat Amendment) Act, 2013
Registration (Gujarat Amendment ) Act helps us in providing details regarding the method of registering documents, information regarding the legal rights and obligations affecting the particulars of immovable property. According to this act, the immovable property includes land, buildings, lights, and fisheries.
Gujarat Property Registration Objectives
The main objectives of Gujarat Property Registration are as follows:-
- Gujarat Property Registration serves for the proper recording of documents which provides more authenticity.
- The basic purpose of registration is to record the ownership of the property.
- To ensure prevention of fraud, conservation of evidence, transfer of title to the owner.
- By registering property, the document will maintain an up-to-date public record.
- The document registration will be a permanent public record once it’s registered with the concerned office.
- Registration public records can be inspected by anyone.
The benefits availed under Gujarat Property Registration are as follows:-
- Registration of property helps for the proper recording of documents which provides more authenticity.
- By registering property, the document will maintain an up-to-date public record.
- To ensure the prevention of fraud, conservation of evidence, the transfer of title to the owner.
Applicant needs to have following documents in order to register themselves on Gujarat Property Registration:-
- Aadhaar Card
- Proofs of the ownership right of the property.
- Input Sheet- It should contain the details of the document with the signature of concerned parties. ( Owner and Buyer)
- Application form (No. 1)- If the documents are covered under section 32-A of the Gujarat Stamp Act, 1958 to determine the market value of the property.
- Proofs of the identity of executing and claiming parties and witnesses.
- An original and true copy of the instrument of power of attorney, if the document is signed or presented using it.
The applicant needs to pass the following eligibility criteria to register themselves on Gujarat Property Registration:-
- Those who have landed in their names.
- Those who are legal heirs of the deceased landowner.
- Authorized signatory/ power of attorney.
The Gujarat government plans to make property cards compulsory for some 125 crore properties in urban areas the state’s eight municipal corporations and all its municipalities.
- The registration is valid till the land is sold to someone.
The stamp duty is the percentage of transaction value levied by the state government, on every registered scale. Over the years, the stamp duty of Gujarat has come down from 16% to 4.9%. The basic rate of stamp duty in Gujarat is 3.50%, while the total rate is 4.90%. The registration fee in Gujarat is 1%.
The rate of stamp duty for registering the sale, conveyance deed of immovable property registration in Gujarat is tabulated here:-
|Gujarat Property Registration Stamp Duty Charges|
|1||The basic rate of Stamp duty||3.50%|
|2||Surcharge at the rate of forty percent on basic rate||1.4%|
|3||Total Stamp duty||4.90%|
Rs. 4.90 for every Rs. 100 need to be paid as stamp duty for Gujarat Property Registration.
For registering your property online in Gujarat the applicant needs to pay a registration fee along with the duty to Government. Applicants need to pay the property registration fees for the maintenance of the ownership records. The basic rate of Registration Charge is 1.00%.
- If the sale is executed in the favour of the female buyer then registration charges are not applicable.
- If there is a single property and there is more than one buyer then all buyers should be female for availing such waiver of registration charge.
- Additional charges for registration are as follows:-
- Advocate fees as per rate from time to time.
- Folio fees of Rs. 10 per page or at the rate as for May revised by the government from time to time.
- Index fees or Rs. 50 per copy.
An encumbrance certificate is a certificate that is important while applying for a mortgage loan, selling land, and joint development, etc. The certificate certifies that the land does not have any legal dues. Offline process timing will be provided by the authorities, usually, it takes 15 to 20 days. The online process can be completed in two days’ time.
How to get your Encumbrance Certificate?
Follow the following steps in order to get your Encumbrance Certificate for Gujarat Property Registration:-
- Firstly applicants need to go to the Sub-Registrar Office.
- Then collect your Encumbrance Certificate application form from the respective sub-register office. Fill the form carefully, fill each and every detail very carefully and attach all the required documents and submit the same with a non-judicial stamp affixed to the respective authority as advised.
- Authorities will announce the fees to be paid. Please pay as advised.
- A receipt containing the Acknowledgement ID is issued to the applicant.
- This application request will be processed by the department.
- You’ll receive an SMS informing the status of the applicant.
- As per the notification, the application shall visit the office to collect the certificate.
Application Process for Property Registration
Follow the following steps in order to register yourself for Gujarat Property Registration:-
- Applicants need to go to the Sub-Registrar Office and confirm the date of registration.
- Procure stamp paper for registration of land as per the arrived land value. The land valuation will be calculated based on the government value for the said area.
- On the scheduled date, the buyer, seller, and witnesses should go to the registrar’s office and wait for their turn.
- On their scheduled slot, please follow as per authorities guidelines to process.
- Please produce your ID in original before the registrar along with the DD for the said amount to be paid to the seller.
- After verifying the details in person, the registrar will sign the respective order.
- The buyer, seller, the witness should sign the registry as well as in the advised places of the document to finish the registration.
Note:- Please carry your original ID proof and address proof at the time of registration.
- For online registration, you need to go to the official website.
- Then select the “Model Draft” option for the new page. Here you need to download the required draft and fill it with appropriate details and also scan all the documents.
- Now again go to the home page and select the option “Public data entry” option to get the next page.
- On the new page please read the instructions carefully and click on the “I Agree” option and the “Pre Registration Data Entry” tab will be enabled then click on that for processing further.
- On this page please complete the page prompt for the “Start Registration new data entry” session and hit the “Submit Registration details” tab to get the next page.
- Now the user needs to complete the following sessions that are as follows:- Presentation step 1, Party details, Payment status.
- After a successful payment, the user gets an e-Challan copy by clicking on the “Print details” e-Challan option.
- The user will get a 13 digit data entry number to keep it safe. Take a printout of the e-Challan for the future.
- Finally, for registration submit 13 digit data entry number personally, a printout of the Report along with related documents to the Sub-Registrar Office in exact time and date which is displayed in your acknowledgment slip and follow as per authorities guidelines to register the property.
If you come across any query while registering yourself then you can take help from the following details:-
Superintendent of Stamps & Inspector General of Registration
- Stamp & Registration Bhavan
- Sector-14, KH-5, Gandhinagar
- E-mail:- [email protected]
- Phone No- 7923288575, 7923288592
- Fax No- 7923288265
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