Sale Deed Registration in Chandigarh

Introduction

Like in any other jurisdiction, a sale deed in Chandigarh is an important legal document that certifies the buyer's acquisition of the property from the seller. As a Union Territory of India, Chandigarh has particular legal requirements and documentation requirements for real estate transactions; a sale deed is an essential part of this process.

Essential elements including the parties' personal information, a description of the property being transferred, the selling consideration, and the precise terms and circumstances governing the transaction are usually included in the sale deed. The sale deed also specifies the date of possession, the method and time of payment, and any other pertinent terms that have been agreed upon by both parties.

What is a Sale Deed?

A written document known as a sale deed contains the terms and conditions that the buyer and seller have agreed upon in relation to the sale of real estate. The Stamp Act that applies to the area determines the value of the non-judicial stamp paper that is used to execute the sale deed in Chandigarh. Stamp duty is an obligatory charge that needs to be made and it is calculated based on the property's market value.

Benefits of Property Registration (Deed Registration) in Chandigarh

Transfer of immovable land/ property can only be affected by way of registration. Registration of a certificate of transfer of immovable property/ land provides the following benefits:

1. Once a property transfer document is registered with the relevant Sub-Registrar office, it becomes a permanent record.
2. A public record of the transfer of land or property is available for inspection by everyone, and the relevant Sub-Registrar office can provide verification of the document.
3. A property's listing gives the public access to the information that the owner has passed to the buyer.
4. Anybody who plans to purchase a property can examine or confirm the information found in the sub-Registrar office's records. Such an individual is able to verify whose name appears on the most recent transfer deed.
5. You can confirm the revenue record as khata, khatoni, or khasra of the land and title deed if it is used for agricultural.

Importance of Sale Deed in Chandigarh

The sale deed is a crucial document for the seller and the buyer. The seller gives the buyer ownership rights through the sale deed. As a result, the buyer can obtain exclusive ownership of the asset. This document gives the buyer confirmation of ownership of property allowing them to proceed with additional sales.

For the purchase or sale of a property to be legally completed, both seller and the buyer must sign the sale deed. Without both the buyer and the seller signing the sale deed, the property transaction cannot be finalised. By signing a sale document, the buyer and seller are indicating their acceptance of the terms and conditions stated in the contract.

What is Section 25 of Indian Registration Act?

As per section 25 of the Indian Registration Act, all required evidence for the registration procedure must be obtained by the sub registrar’s office within four months after the date of registration. The person who registers the sale deed in Chandigarh must fulfil the requirements within allotted.

If the person does not provide the necessary documentation for the registration procedure, they will be fine 10 times the registration fees on the sale deed in Chandigarh. 

Documents Required for Obtaining a Sale Deed in Chandigarh

1. Original and Duplicate copy of the certificates.
2. 2 passport size photos of all parties, each of the seller, buyer, and all the witnesses.
3. Photo ID Proof (voter’s ID card and passport of the buyer, the seller and all the witnesses).
4. Certified copies of documents of Incorporation of both buyer and seller, in case of a company and not an individual buyer
5. Proof of the land register card to indicate that the land/ property does not belong to the Government (It can be received from the City Survey Department)
6. Proof of municipal tax bill to mention the year in which the land was built/ constructed.
7. Proof of the PAN Cards of all the parties are obligatory (It has to be annexed with the Sale Deed)
8. Photographs and signatures of all parties are mandatory.

Application Procedure for Property Registration in Chandigarh

Step 1: The applicant needs to register the record of their land or property transaction with the Sub-Registrar's Office.

Step 2: Next, the applicant needs to get the "Dalil" property registration document (registration deed, sale deed, or other registration deed resulting from the land ownership process described above).

Step 3: Next, the candidate needs to go to the Tehsil office (TK) and submit an application for a mutation using Form No. 21 of the TRLR ACT (Mutation Application Form).

Step 4: The Tehsildar will create a counter-foil that is correctly completed, dated, and signed in order to confirm receipt of the application form 21. After that, he would record the information in his Mutation registry (TRLR Act form 20).

Step 5: Each landholder will receive a communication that includes the hearing date. Any verbal or written objection to the mutation that the Tehsil office receives before the hearing date will be included to the contested mutation case registry (Form 22 of TRLR ACT). The objection will be noted in Form 23 TRLR Act and acknowledged.

Step 6: A field inquiry will be directed to the Tehsil office in advance of the hearing date by the Circle officer (DCM or RI), who will also test the entries in the mutation register. 

Step 7: After the hearing, the applicant must turn in Form B, the "Form for Receiving New RoR" (Record of Rights). The Tehsil headquarters will send the case file to the DCM's office while also preparing the Badar, Jama Bandi, and Touzi registers simultaneously. Following document verification, DCM will provide an order of mutation via Form B. 

Step 8: When the Khatian (Record of Rights) is turned over, the relevant applicant is charged Rs. 15/-per page of the Khatian and Rs. 4/-per additional page of the Khatian. The concerned applicant will thereafter receive an acknowledgement receipt as verification of the charge's collection.

Conclusion

To sum up, a Chandigarh sale deed is a thorough legal document that formally records the transfer of property ownership. To protect the rights of both the buyer and the seller in the real estate transaction, it is crucial to follow the established legal procedures and make sure the right paperwork is in place.

To get more information and to seek legal support and guidance you can contact our legal team at Lawtendo for obtaining a sale deed in Chandigarh.

Frequently Asked Questions (FAQs)

Q1: What happens in Chandigarh if a sale deed is not registered?

Ans: A sale deed's failure to be registered could invalidate the property transaction and result in future legal difficulties. Furthermore, in the absence of a documented sale deed, the buyer might not be able to assert ownership rights over the property. 

Q2: Is it possible to withdraw or cancel a selling deed in Chandigarh? 

Ans: Indeed, there are situations in which a sale deed may be revoked or cancelled, such as when both parties agree to do so or for legal purposes. However, there are legal formalities involved in the cancellation or revocation process, and both the buyer and the seller may need to give their agreement.