How to Register Land / Property: Himachal Pradesh

Department Concerned

The Revenue Department (Inspector General Of Registration, Himachal Pradesh).

Coverage

• Documents which are covered under Sec. 17 of the Registration Act.
• For documents which are covered under Section 18 of the Registration Act, registration is optional.

Procedure

Phase I: Prior To Registration Of The Document

This phase does not form a part of the Registration Department procedure, but has to be initiated by the executor to enable him to present the document for the registration. This involves the following:

• Purchase of Stamp paper: The value of the property is determined. Stamp duty, transfer duty, registration fee and other fees are calculated. The citizen purchases stamp paper from the notary or treasury as the case may be (depending on the value of the stamp paper required).
• Document writing: Preparation of the legal registration document by document writers. As per the Himachal Pradesh Document Writers Licensing Rules, 1971, it has been made mandatory that no registration officer shall accept any document for registration, which is not written by a licensed document writer or the executant himself.
• Arranging for the supporting Documents and Certificates needed for the registration (depends on the type of registration). The Registration Officer has to be convinced about the genuineness of the transaction, for which he requires the following substantiation/ supporting:
  • Witnesses, identifier and the photographer (to determine the authenticity of the parties involved).
  • Supporting documents on the rights of the parties (for example, in case of sale of rural land, a nakal Jamabandi which is the Record of Rights, a Krishak Pramanpatra, etc. are required).
  • Supporting documents to establish the value of the transaction (for example, in case of sale of rural land, Ausat Bai Sala, which is the average transaction value of the land in the last year, is provided by the Patwari).

Phase II: During Registration Of The Document

The steps in any generic registration process are as follows:

These documents are presented to the Sub-Registrar of the jurisdiction. The Sub-Registrar scrutinises the documents, determines the classification of the document, and reviews the valuation of the property, calculation of stamp duty, transfer duty, registration fees and miscellaneous fees.

• If any deficit stamp duty needs to be paid, the executor is informed and is asked to do the same.
• The citizen certifies the final document before the Sub-Registrar and two witnesses.
• The document is copied into the register books.
• Copies are posted to 2 indexes (by name and property), and accounts and reports.
• The document is returned to the citizen

However from the Registration Department's point of view, the steps for the registration, technically, can be divided into:

Presentation
Receipt
Admission & Identification
Registration

The above steps are mentioned below in detail:

1: presentation

This activity takes care of the receipt of the documents and supporting documents to be registered, from the executor. In this stage whether the set of documents and supporting documents are complete and comply with all the legal formalities, is determined. If the documents and other papers are found to be proper, it is sent to the registration clerk for further execution, else the documents are returned with the reason for rejection and entered in book 2.

The Reg. Clerk sees whether the valuation and relevant stamp duty has been paid. If the duty is not properly calculated and paid, the Registration Clerk calculates the additional stamp duty, if any, and informs the executor. The documents have to be presented in the concerned SRO jurisdiction. The Presentation Stamp is affixed, which takes care of the following: -

Serial number of document (Sr. No/current year)
Date of presentation
Time of presentation
Name of the office of the
Sub-Registrar
Signature of the SR
Issues related to rejected documents are given back with verbal feedback

2: Receipt

This activity takes care of the issue of the Receipt to the executants after the receipt of the relevant registration fees.

3: Admission

This activity takes care of ascertaining the consent of the seller and stakeholders under no pressures and threats, and in a state of mental stability. The photographs of the executant(s), witness and identifier, along with the SRO, are taken on spot. Verbal confirmation about the consent of the executant(s) for executing the deed under no pressure or threat and in full consciousness, is required. The buyer, the seller and the witnesses are identified by the identifier who knows all of them and is a well-known person.

4: Registration

This activity is the last step in the registration process. This process officially registers the document and is assigned a unique Registration No. depending upon the book to which the registration relates. Parties are asked to sign on the relevant places and the SR puts the final seal and registers the document and sends it for filing at the appropriate books to the registration clerk.

Phase III: Post Registration Of The Document

After the registration process is complete, the rural land sale information is passed on to the Patwari for adding the entries in the Jamabandi register, which is the Record of Rights. The changes in the Jamabandi register are carried out as per the procedures laid down. After registration of the document, a copy of it is maintained in the office as record.

Refusal to Register the Deed

In case the person executing the deed gives his denial or if the person executing the deed is a minor, an idiot or a lunatic, then the registering officer can refuse to register the deed. He will record the reasons for refusal in Book No.2.

Verification Procedure

The original record is with the Patwari/ office Kanungo. The extracts of land records are issued only after verification from the original record.

Fee

The details of the fee structure can be obtained from the Office of the concerned Tehsildar/ Patwari.