When a property is transferred from the name of one person to another, this transaction must be formalized through registration in the sub-registrar office after making some necessary payments like stamp duty and registration fees.

This entire process is known as property registration. Property registration also requires two witnesses in front of whom the property deal takes place. Here we will know who can be made witnesses in the property registration?

Witnesses have to register proof of identity and address

The entire process of registration of any property takes place under the Indian Registration Act, 1908. This law provides for registration of documents, preservation of evidence, prevention of fraud and assurance of ownership. The two witnesses you want to present during the registration of a property will have to establish their identity before the sub-registrar. For this, they have to show proof of their identity and address. Along with this, their biometric identity will also be scanned in the process of recording the information of the witnesses in the registry.

Who can be made a witness in the property registry

Now we will talk about the most important issue. Who can be made a witness in the property registry? Any person above 18 years of age can become a witness in the property registry. Here you have to keep in mind that neither of the two witnesses to be made in the property deal should be the seller or the buyer. It is necessary for both the witnesses to be present during the entire process of registration.

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Allahabad High Court has given an important decision in the family property dispute and said that if a person has purchased any property in the name of his wife and got it registered, then her family members will also have a share in it.

The High Court has made it clear in its decision that the family members will not be considered to have rights over the property only when it is proved that the woman has purchased the property with her own earnings, but if the woman is a housewife and any property has been purchased in her name. The rest of the family members will also have rights over it.

Hearing a petition by a son seeking rights in the property of a deceased father, Justice Arun Kumar Singh Deshwal said that the property purchased by the petitioner’s father would be considered family property because ordinarily a Hindu husband would inherit the property for the benefit of the family. Buys property in his wife’s name.

The court said, “Unless it is proved that the property was purchased from the amount of income earned by the wife, it will be considered to be the property purchased by the husband from his own income and the family will also have rights over it.”

According to TOI report, the petitioner, Saurabh Gupta, had filed a civil suit seeking one-fourth share in the property purchased by his father and had asked the court to declare him a co-sharer in the property. He argued that since the property was purchased by his deceased father, he along with his mother is a co-sharer in the property. Saurabh Gupta’s mother was the defendant in this case.

The petitioner also claimed that since the property was purchased in the name of his mother i.e. the wife of the deceased father, the property could be transferred to a third party, hence an injunction was sought from the court against transferring the property to a third party. Also demanded.

The mother of the respondent and petitioner in the case told the court in a written statement that the property was gifted to her by her husband as she had no separate source of income.

Let us tell you that in this case, the trial court had rejected the application for interim injunction, against which the son had approached the High Court. In its judgment of February 15, the Allahabad High Court said that such property prima facie becomes the property of a joint Hindu family, over which every member of the family has a right.

The post Property Registry : Family also has rights on property purchased in wife’s name, know HC’s decision before getting house and land registered. first appeared on Rightsofemployees.com.

If you have purchased any property and after getting it registered in the tehsil, you are sure that the shop, plot or house is now yours, then you are making a mistake. Even after paying the full amount to the seller and getting the registration done, you have not become the full owner of that property.

If you have not done the mutation of property after registration, then you may get into trouble. Many property disputes arise due to not getting mutation done.

Every day there are news that some person has sold a property twice. Or the seller took a loan against the land even after registering the sold property in the name of the buyer. This happens because the buyer of the land has only got the registration done, he has not got the property registered or transferred in his name.

Mutation is also necessary after registration

The Indian Registration Act says that if any kind of property (property news hindi) worth more than Rs 100 is transferred, it will be in writing. Its registration is done in the sub-registrar office. This rule is applicable in the entire country and it is called registry. But, you should understand this very well that mere registration does not make you the full owner of the land, house or shop. After property registry, it is also very important to get mutation done..

Full document of ownership, not registry.

Registry (Property Registry rules) is only a document of transfer of ownership, not of ownership. After getting the registration done, when you get the mutation done on the basis of that registry, then you become the full owner of that property. Therefore, if you ever buy a property, do not rest assured just by getting it registered.

After the registry (Property Registry new rules), only when the filing is rejected, all the rights related to the property come to the property buyer. Filing in Kharij means that your name gets included in the government record of ownership of that property on the basis of registry. Cancellation means that the name of the old owner has been removed from the ownership records.

If you are also going to buy a property (property news hindi), then you should be aware of some basic things and along with this you should be cautious because even a small mistake can cause a big loss to you.

Here we will tell you which documents you should check before purchasing any property and only then purchase the property. Here we will tell you which documents you should check beforehand while purchasing a property.

1. Title Deed

If you buy any property, get information about its title deed beforehand and see its documents. You can get it certified by a lawyer. Mainly, the title deed shows that the property you are going to buy is not stuck in any legal trouble. There is no problem in its transfer, divide etc. You should proceed with the purchase of property only after seeing this title deed.

2. Are the loan papers clear or not?

Before buying a property (property news update), you should check the papers to ensure that there is no loan of any kind on your property. Its owner does not have any debt as a liability on this property. It is very important to check it and without checking it you should think about purchasing the property.

3. Layout Papers

You should be careful about the layout papers of the property and get all the information about its map, whether the open area map is nearby or not. You should be assured beforehand that there will be no property dispute of any kind later.

4. NOC or No Objection Certificate

Before purchasing any property, it is very important to obtain its No Objection Certificate. If you are buying a flat then you should have information about its society and NOC of the tower.

5. Commencement Certificate

This is known as Construction Clearance Certificate and get it before purchasing a flat or under construction property otherwise it may lead to problems later. Here you can know what experts related to buying and selling property have to say about this.

Whenever you go to buy a property, it is very important to keep in mind the following 5 things and these suggestions have been given by experts.

1. Checking ownership of property

Before buying, it is important to research about the ownership of the property. Title deed is one of the most important documents that should be verified before purchasing a house or anything else that helps indicate the actual ownership. It also states the rights and obligations of the owner and the rights of a mortgagee,

if required by the owner to verify that there are no issues with respect to ownership transfer, partition, conversion, mutation, etc. It is also essential to verify that the land on which the property is built has been purchased legally and if it has been constructed in compliance with the permissions provided. It is advisable to have the ownership document reviewed by an attorney. Thankfully, with the help of online legal assistance by proptech firms like No Broker, this service has now become hassle-free.

2. Verification of Encumbrance Certificate: Take help of a legal professional

Property is a tangible asset, and over the years it bears certain taxes by the local municipal corporation. Thus it is necessary to verify that he has no outstanding dues for which a buyer should check the encumbrance certificate.

An encumbrance certificate proves that there is no monetary and legal liability on your property. This can be obtained from the office of the sub-registrar where the property has been registered. This is an important aspect to check as it can go back as far as 30 years.

3. Commencement Certificate

It is also known as construction clearance certificate. This document is mandatory when you are purchasing an under-construction property from a developer. It could be a builder’s flat, land or house. It said that the construction has started only after getting necessary approvals, licenses and permissions from the local authorities.

4. Layout or building plan

Layout plans should be approved by the appropriate planning authorities. Home buyers need to be cautious as there have been cases where developers have deviated from the approved layout by adding extra floors or reducing open areas. This is an important aspect that should be cross-checked before finalizing the property purchase.

The post Property registry: If this work is not done after getting the registration done then the property can be lost. first appeared on Rightsofemployees.com.

What is registry?
Simply put, under the registry, you change the ownership of the property. For example, if you have bought any land from another person, then you will have to go through a process to get that land in your name. This process itself is called registry. Under this process, you get the property in your name instead of the current owner.

Check before taking the property
When you are taking the land, you have to check that if you are taking the property, then there is no outstanding of any kind on it. This means that there is no loan, property tax or any outstanding amount on that property. Let us tell you that your property will be legally transferred only after the register deed. Unless you register the sale deed or gift deed of your property, it is not legally transferred.

Let us tell you how you can get the property registered-

1. When you buy any property, before that you have an agreement, according to which you have to make payment to the seller. Only after that you have to sign on your celldeed.

2. After doing all this, you have to buy stamp duty paper, which you need for the registry. Let us tell you that its price varies according to the states.

3. After doing this process, you are made to buy and sell the property, in which information is given that the current owner of the property is transferring the ownership of his property to another person.

4. You have to go to the registrar office along with the buyer and seller for the process of registry. Apart from this, you will also have to take 2 witnesses along with you for the registry of the property.

5. The necessary documents related to the property and all the necessary documents related to the identity of both the parties will be put in the Registrar’s office. After this a slip is given from the office, which you will have to keep safe.

6. After doing this entire process, the process of registration of your property will be completed. After this, you will have ownership rights on that property.

Work on the advice of the lawyer
Before getting the registry done, you should know that you will have to work only on the advice of the lawyer. With this you can avoid any kind of fraud. Apart from this, the legal problems related to the registry can also be easily understood.

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