Buying property involves more than paying the price. This guide walks through the full process: checking title, paying stamp duty, registering the deed at the Sub-Registrar office and updating records afterwards.
Mara Vakil editorial team · Updated 16 October 2026
To register property in India, check the title, sign an agreement to sell, pay stamp duty on the higher of the sale price and the circle rate, then appear before the Sub-Registrar with two witnesses within four months of signing the deed. Complete mutation in municipal and revenue records afterwards.
Under the Registration Act, 1908, a sale or gift of immovable property worth one hundred rupees or more must be registered. Registration creates a public record of the transfer, and an unregistered sale deed generally cannot be used to prove that ownership has passed. A document should be presented for registration within four months of its execution.
Ask for the full chain of title documents, ideally covering at least the last thirty years, and an encumbrance certificate or search report for the same period. Check the approved building plan, completion or occupancy certificate for buildings, property tax receipts and, for new projects, registration with the state RERA authority. An independent title check by an advocate is the best protection against fraud and hidden claims.
Buyers and sellers usually sign an agreement to sell setting out the price, payment schedule, timelines and conditions. In several states an agreement to sell, especially one where possession is given, must be stamped and in some cases registered. Make sure the agreement covers what happens if either side backs out.
Stamp duty is a state tax payable on the sale deed. It is calculated on the higher of the sale price and the government's guideline value for the area, called the circle rate, ready reckoner rate or guideline value depending on the state. Many states charge a lower rate when the buyer is a woman. Stamp duty is usually paid through e-stamping or online challans. A registration fee is also payable, often a percentage of the value subject to limits fixed by the state.
Most states let you prepare the deed and book an appointment online. On the appointment day, the seller and buyer (or their authorised attorneys) appear before the Sub-Registrar with two witnesses, original identity documents and the stamped deed. Photographs and thumb impressions or biometrics are taken, and the document is registered and later returned or made available digitally.
PAN details are required for transactions above the limits under the tax rules. Where the sale consideration is fifty lakh rupees or more, the buyer generally has to deduct tax at source at one percent and deposit it with the government before paying the balance, and give the seller the TDS certificate. Your CA can confirm the exact requirements for your transaction.
Registration transfers ownership, but you should also update the records of the municipal body and, for land, the revenue department. This is called mutation. It is needed for paying property tax in your name and is often checked by future buyers and banks.
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The steps above give the outline. This part follows a purchase from the first look at documents to the day the property tax bill arrives in your name, and covers the questions that trip people up: how stamp duty is actually worked out, what the sale deed must say, what happens at the sub-registrar's counter, how gift deeds and other transfers differ, and what to do if something goes wrong.
| Stage | What happens | Typical time |
|---|---|---|
| Due diligence | Title chain, encumbrance search, approvals, dues | One to three weeks |
| Agreement to sell | Price, advance, timelines and conditions recorded | Days |
| Loan sanction | Bank's own legal and technical check, if financing | Two to four weeks |
| Stamp duty and drafting | Sale deed drafted, valuation checked, duty paid | Days |
| Registration | Appearance before the sub-registrar with witnesses | One appointment |
| Possession and handover | Keys, original documents, society and utility papers | Same day or soon after |
| Mutation and updates | Municipal, revenue, utility and society records changed | Weeks to months |
Registration records a transfer; it does not check whether the seller had the right to sell. That job is yours, ideally with an advocate. Work through these steps before paying more than a token advance.
Some findings should stop a purchase until they are resolved: a break in the chain that nobody can explain, a co-owner who refuses to sign, a pending suit about the property, an unapproved building, or a seller who will not show originals. A good advocate will tell you plainly when a deal is too risky. Losing a small advance is better than buying a lawsuit.
The property verification service can arrange a title report by an independent advocate, and the property law guide explains common title defects.
Stamp duty is a State tax under the Indian Stamp Act as adopted by each State, or the State's own stamp law. Rates, concessions and valuation rules differ widely, so treat what follows as principles, and check your State's current rates with the stamp duty calculator or, for Delhi, the Delhi calculator.
Duty is charged on the higher of two figures: the consideration stated in the deed, and the minimum value fixed by the government for the area and type of property, known as the circle rate, guideline value, ready reckoner rate or collector rate depending on the State. Declaring a price below the government value does not reduce the duty.
Separate from stamp duty, a registration fee is paid to the registration department, usually a percentage of the value, sometimes with a cap. Some States add surcharges or cess for local bodies or metro projects.
Most States now collect stamp duty through e-stamping through authorised centres, or through online government payment systems that generate a challan. The e-stamp certificate or challan number is linked to the deed. Old-style stamp paper is still used in some places for some documents. Buy stamps only from authorised sources and check their authenticity online where possible.
By default, the buyer pays stamp duty on a sale, though the parties can agree otherwise. Whoever pays, make sure the amount is correct; under-stamped documents can be impounded and the deficit charged with a penalty.
Most stamp laws allow a refund of duty on stamps that were spoiled or not used, if claimed within a time limit and with proof. Keep the e-stamp certificate and apply promptly.
The sale deed is the document that transfers ownership. It will be read by every future buyer, bank and court that deals with the property, so it is worth getting right.
In a resale, the buyer's advocate usually drafts the sale deed and shares it with the seller's side; with builders, the developer's standard form is used, which buyers should read carefully and question where it is one-sided. Either way, both sides should approve the final text before stamp duty is paid, since corrections after stamping can mean paying again.
Take advice from a chartered accountant on your situation; these rules change with budgets.
Appointments run late, servers go down, and a missing original can send everyone home. Arrive early, carry two sets of photocopies, keep the stamp and fee receipts handy, and make sure every party's name in the deed matches their identity document exactly. If a witness cannot come, have a back-up ready with identity proof.
The persons executing the deed, usually the seller and the buyer, must appear in person or through a properly authorised attorney. Witnesses identify the executants. A sub-registrar may refuse to register if an executant denies execution or does not appear.
In some cities people used to "buy" a flat by collecting three papers from the seller: a GPA in their favour, a sale agreement and a will, with no sale deed ever registered. In Suraj Lamp and Industries v. State of Haryana (2011) the Supreme Court made clear that this bundle of papers does not make the buyer the owner. A registered sale deed executed by the owner, or by an attorney acting for the owner, is needed.
The sub-registrar checks identity, execution, stamp duty and compliance with the registration rules. In K. Gopi v. Sub-Registrar (2025), the Supreme Court held that a State rule allowing sub-registrars to refuse registration for want of the seller's title documents was beyond the Registration Act, since a sub-registrar does not decide title. This is a reminder that the office will not do your title check for you.
Many buyers assume that once a deed is registered, their ownership is beyond question. It is not. Registration creates a public record and gives notice of the transaction, but it does not cure a defect in the seller's title. In Mahnoor Fatima Imran v. Visweswara Infrastructure (2025), the Supreme Court held that registered sale deeds which rested on an invalid earlier transaction did not confer title. If the seller had no right to sell, the buyer gets no better right, however carefully the deed was registered.
That is why due diligence before registration matters more than anything that happens at the sub-registrar's counter. Title insurance, which is common in some countries, is still uncommon in India, so the title check is your main protection.
The registered deed makes you the owner in law, but the world does not know until you update the records. Buyers who skip these steps often face trouble years later, when they try to sell, take a loan or pay property tax.
Apply to the municipal corporation, development authority, panchayat or revenue office, depending on the property and the State, to record your name as owner. The application usually needs a copy of the registered deed, the previous owner's tax receipt, identity proof and a fee. Many States have online mutation, and some now update records automatically after registration. Mutation does not create title, but it is evidence of possession and needed for paying tax in your name.
Follow up on the mutation application; offices sometimes call for objections or a site inspection, and an application left pending can take months.
Once mutation is done, property tax bills come in your name. Pay the first bill promptly and keep the receipt; it is a basic proof of ownership and possession.
For flats, apply to the society for transfer of the share certificate and membership, paying any transfer fee the bye-laws allow. Obtain a no-dues letter at the time of purchase so that the society cannot hold the previous owner's dues against you.
Apply to transfer each connection to your name with a copy of the deed. Check for unpaid bills first; arrears may be attached to the connection.
If you took a home loan, the bank will keep the original registered deed until the loan is repaid. Keep a certified copy and a scanned copy for yourself. When the loan is closed, collect all originals and a closure letter, and make sure any charge registered with the authorities is satisfied.
Before completing a purchase of older property, many buyers publish a notice in newspapers inviting objections. It does not guarantee title but can bring hidden claims to light. The property public notice service explains how it is done.
A purchase from a developer follows a different path from a resale. The title check is about the project land and the developer's rights, and the paperwork runs over months or years before the sale deed or conveyance deed is finally registered.
After booking, the developer issues an allotment letter, followed by an agreement for sale. Under the RERA Act, a developer cannot take more than ten per cent of the cost as an advance before entering a written, registered agreement for sale. Many States have notified model agreements under their RERA rules; compare the developer's draft against the model for one-sided terms.
Payments are usually linked to construction stages. Make payments only against demand letters that match the agreed schedule, keep every receipt, and deduct TDS where applicable. A home loan lender usually disburses directly to the developer at each stage.
At completion, the developer should obtain the occupancy or completion certificate before handing over possession. The sale deed or conveyance deed in your favour is then registered, with stamp duty usually paid at that stage. For a cooperative society or association, the developer must also convey the common areas as the law and agreement require.
The RERA Act makes the developer responsible for structural defects and defects in workmanship, quality or services reported within five years of possession, to be fixed without charge within thirty days. Report defects in writing with photographs.
If possession is delayed beyond the agreed date, buyers can claim interest for the delay or a refund with interest through the RERA authority, and in many cases through consumer commissions as well. The consumer complaint guide explains that route.
When an owner dies, the property passes to heirs under a will or under the applicable succession law. No sale deed is needed for heirs to become owners, but records must be updated. Usually the heirs file a mutation request supported by the death certificate and evidence of who the heirs are, such as a legal heir certificate, a succession certificate, a probate or letters of administration, or a family settlement, depending on what the authority accepts and the type of property. See the legal heir certificate and succession certificate services.
Probate was once mandatory for many wills in the three old presidency towns. Parliament removed that rule in 2025, when a repealing and amending law deleted Section 213 of the Indian Succession Act. Probate may still be useful or demanded by authorities, banks or buyers as proof of a will. Read the wills and succession guide for details.
If the family agrees that one heir will keep the property, the others usually execute a registered relinquishment deed in that heir's favour, or the family records a partition or settlement. A relinquishment between family members often carries low stamp duty in many States.
All heirs who share ownership must join the sale deed, or authorise someone by power of attorney. Buyers will want to see the heirship documents, mutation in the heirs' names, and sometimes a public notice. Disputes among heirs are the most common reason such sales stall, so settle shares in writing first.
A nominee in a housing society or bank holds the asset for the legal heirs. The Supreme Court held in Indrani Wahi v. Registrar of Cooperative Societies (2016) that a society may transfer the share to the nominee, but this does not override the rights of heirs under succession law.
Buying land outside cities raises issues that flat buyers rarely meet.
Rural purchases benefit greatly from a local advocate who knows the revenue officials and the history of the area.
Many couples and family members buy property together. A few choices made at the drafting stage matter later.
Most States now let buyers and sellers prepare deed data, calculate duty, pay online and book a slot with the sub-registrar through a State portal. Some offer online search of encumbrances and download of certified copies, and a few register certain documents such as leave and licence agreements fully online with Aadhaar-based verification. Digitised land records and maps are increasingly linked to registration, so that mutation follows automatically. These changes save time but do not replace due diligence: a document that is easy to register is not necessarily backed by good title.
Keep an eye on changes in your State. Reforms to the registration law have been discussed at the national level, and State portals add features regularly. Your advocate or the sub-registrar's office can tell you the current procedure.
A home loan adds a second layer of checks and some extra paperwork.
Keep a list of all documents deposited with the bank, signed by the bank, so you can check them on return.
Sale is only one way property changes hands. The Registration Act lists documents that must be registered, and the State stamp law decides the duty. Here is how the common ones differ.
| Document | Registration | Stamp duty | Points to note |
|---|---|---|---|
| Gift deed of immovable property | Compulsory | As per State law; many States charge less for gifts to close relatives | Must be accepted by the donee during the donor's lifetime; generally cannot be revoked once accepted, except in limited cases |
| Relinquishment or release deed | Compulsory where it relinquishes rights in immovable property | Often nominal between family members in many States | Used when one heir gives up a share in favour of others |
| Partition deed | Compulsory where it partitions immovable property | Usually on the value of the separated shares, as per State law | A family settlement recording a past oral partition may be treated differently |
| Lease for more than one year | Compulsory | Based on rent, deposit and term | Leases of eleven months are common to avoid compulsory registration, though some States require registration of all leases |
| Agreement to sell | Required in some States, especially where possession is given | As per State law; can be close to sale duty if possession is given | Unregistered agreements may still be used for some purposes; take advice |
| Power of attorney to sell property | Required in many States for immovable property | Higher when given to non-family members in many States | Does not itself transfer ownership |
| Mortgage deed | Compulsory for most mortgages | As per State law | Equitable mortgage by deposit of title deeds may need only a memorandum |
| Will | Optional | None | Registration helps prove it but is not required |
A gift of immovable property must be made by a registered instrument signed by the donor and attested by at least two witnesses, and accepted by the donee during the donor's lifetime. Gifts are often used within families instead of a will, because they take effect immediately. Parents giving property to children should understand that a completed gift is hard to undo; the 2007 law on maintenance of parents and senior citizens lets the maintenance tribunal cancel a transfer that was made on the understanding that the child would look after the parent, if the child then fails to do so. See the gift deed service.
Most residential rentals use leave and licence or rent agreements of eleven months, stamped as the State requires. Some States, such as Maharashtra, require registration of leave and licence agreements regardless of length, often through online registration. See the rent agreement service.
Registering a will is optional, but it reduces the chance of later allegations that the will was forged. A registered will can still be revoked by a later will. See the wills and succession guide.
See the power of attorney service for help with documents executed abroad.
Typing errors in names, area or boundaries are corrected through a rectification or correction deed, executed by the same parties and registered. If the other party will not cooperate, a suit for rectification may be needed. Check the draft carefully before registration to avoid this.
If the declared value is below the guideline value, duty is charged on the guideline value anyway. If the authorities believe even the guideline value understates the market value, State stamp laws allow the matter to be referred to the collector for determination, after which the deficit and any penalty become payable. You can appeal against an excessive determination.
A sub-registrar can refuse registration on grounds such as non-appearance of an executant, denial of execution or defects under the rules, and must record reasons. An appeal or application lies to the registrar, and further remedies exist in court. As the Supreme Court made clear in 2025, the sub-registrar cannot refuse simply because the seller has not produced title documents.
Fraudsters sometimes impersonate owners, especially of vacant plots or properties of owners living abroad. Biometric verification and Aadhaar authentication have reduced this, but owners should check registration records periodically, keep property tax paid, and act quickly if a suspicious transaction appears. A forged deed can be challenged by a police complaint and a civil suit for cancellation.
If the seller refuses to execute the sale deed after an agreement and advance payment, the buyer can sue for specific performance or for refund with damages, depending on the agreement and circumstances. Time limits apply.
The agreement should say what happens: forfeiture of a reasonable part of the advance, extension of time, or termination. Courts look at whether forfeiture is reasonable.
Homebuyers in projects sometimes wait years for a conveyance deed. RERA authorities and consumer commissions can direct builders to execute it. Societies can also apply for deemed conveyance in States that provide for it.
The legal fees guide explains how advocates usually charge for property work.
| Deadline | What it is about |
|---|---|
| Four months from execution | Time to present a deed for registration under the Registration Act, extendable by the registrar on a fine in limited cases |
| Within thirty days from the end of the month of deduction | Depositing TDS deducted by the buyer and filing the challan-cum-statement, as income tax rules prescribe |
| Time set by the State stamp law | Applying for refund of unused or spoiled stamps |
| Three months from receipt in India | A common period in many States for stamping a power of attorney or document executed abroad |
| Three years from refusal | Typical limitation for a suit for specific performance of an agreement to sell |
| Five years from possession | Builder's liability under the RERA Act for structural and workmanship defects |
These are general markers; check the exact rule for your State and situation with your advocate, because missing a deadline can be expensive.
When you sell, the next buyer's advocate will ask for most of these. Keeping them organised makes your own sale quicker and protects you if a dispute ever arises.
If you suspect fraud, stop payments, consult an advocate, and consider a police complaint. The property law guide and the cyber law guide explain remedies for forgery and online fraud.
Another illustration with made-up details.
Arjun wants to buy a residential plot whose recorded owner died some years ago, leaving a widow and three adult children, one of whom lives abroad. His advocate checks the original allotment, the deceased owner's purchase deed, the death certificate, and a legal heir certificate listing all four heirs. The municipal record still shows the deceased owner.
The advocate advises that all four heirs must join the sale. The daughter abroad signs a power of attorney at the Indian consulate in her city, which is stamped in India on arrival. Before the sale, the heirs apply for mutation in their names so that the municipal record matches. A public notice in two newspapers brings no objections.
At registration, the widow, two children and the daughter's attorney execute the sale deed. Arjun deducts TDS for the resident sellers at the applicable rate and, for the non-resident daughter's share, follows the non-resident TDS process with his chartered accountant's help. After registration, Arjun applies for mutation in his own name.
The key points: every heir signed, the attorney's authority was properly executed and stamped, the records were updated before sale, and the tax rules for the non-resident seller were followed.
| Term | Meaning |
|---|---|
| Circle rate or guideline value | The government's minimum value for an area, used to compute stamp duty. |
| Encumbrance certificate | An extract from the registration office listing deeds registered against a property for the years searched, such as sales and mortgages. |
| Executant | A person who signs a document and is bound by it, such as the seller. |
| Admission of execution | The executant's confirmation before the sub-registrar that they signed the document. |
| Chain of title | The series of documents showing how ownership passed from one owner to the next. |
| Conveyance deed | A deed transferring ownership, often used for transfers from a builder or to a society. |
| Rectification deed | A registered deed correcting a mistake in an earlier registered deed. |
| Relinquishment deed | A registered document in which one heir or co-owner surrenders their portion to the remaining owners. |
| E-stamp certificate | Proof of stamp duty paid electronically, linked to the document. |
| Record of rights | The revenue record showing ownership and cultivation of land, called by different names in different States. |
The following example is made up to show the sequence; names and details are illustrative.
The deal. Priya agrees to buy a resale two-bedroom flat in a cooperative society for a price slightly above the circle rate value. The seller, Mr Rao, bought it fifteen years ago and still has a home loan on it.
Due diligence. Priya's advocate collects the chain: the builder's sale deed to the first buyer, that buyer's sale deed to Mr Rao, the society share certificate, the approved plan and the occupancy certificate. An encumbrance search shows Mr Rao's bank mortgage and nothing else. Property tax and maintenance are paid. The advocate notices that the area in Mr Rao's deed is stated in square feet of carpet area while the society records show built-up area, and confirms from the plan that both refer to the same flat.
Agreement and loan. They sign an agreement to sell, stamped as the State requires, with an advance. Priya's bank sanctions a loan after its own legal check. Mr Rao's bank issues a letter stating the outstanding amount and agreeing to release the original documents on payment.
Payments and TDS. Because the price is above fifty lakh rupees, Priya deducts one per cent TDS from each payment and deposits it online, giving Mr Rao the certificates. On the day of registration, Priya's bank pays part of the price directly to Mr Rao's bank to close his loan, and the balance to Mr Rao.
Registration. The stamp duty is paid by e-stamp on the agreed price, since it is higher than the circle rate value, with a concession because Priya is a woman buyer. Both parties attend the sub-registrar's office with two witnesses; biometrics are taken and the deed is registered.
Afterwards. Priya's bank keeps the original deed. Priya applies to the society for transfer of the share certificate, to the municipal body for mutation, and to the electricity company for transfer of the connection. She stores certified and scanned copies safely.
What made it smooth. A complete chain, a clear plan for closing the seller's loan, correct TDS, and attention to the area discrepancy before registration rather than after.
No. A sale of immovable property must be completed by a registered sale deed.
It is the minimum value fixed by the state government for property in an area, used to calculate stamp duty when the sale price is lower.
Some states allow parts of the process online, but the parties or their attorneys usually still need to appear before the Sub-Registrar.
A document should generally be presented for registration within four months of its execution.
No. Registration transfers ownership. Mutation updates the municipal or revenue records, which is needed for tax and future transactions.
Many states charge a lower stamp duty rate for women buyers. Check the current rate in your state.
Related pages:
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This page gives general information about Indian law. It is not legal advice and is not an advertisement or solicitation by any advocate. Laws and court practice change; confirm the position for your case with an advocate before acting. Mara Vakil is a technology platform, not a law firm. Read our disclaimer.
Not by itself. Registration records the transfer, but if the seller had no valid title, the buyer gets none. The Supreme Court made this clear in Mahnoor Fatima Imran (2025).
No. In K. Gopi v. Sub-Registrar (2025) the Supreme Court held that a sub-registrar does not decide title and cannot refuse registration on that ground.
No. A general power of attorney, agreement to sell and will do not transfer ownership; a registered sale deed is needed, as held in Suraj Lamp (2011).
Commonly thirty years, or back to the original allotment or grant, with an encumbrance search for the same period.
Usually the buyer, unless the parties agree otherwise.
Most stamp laws allow a refund for unused or spoiled stamps if you apply within the time limit with proof.
When the consideration or stamp value is fifty lakh rupees or more, at one per cent from a resident seller, on each instalment.
The executants must appear in person or through a properly authorised attorney, along with two witnesses.
Execute and register a rectification deed with the same parties, or file a suit for rectification if the other side will not cooperate.
No. The registered deed passes ownership, while mutation simply changes the name in the tax and land records.
Yes, a gift of immovable property must be by a registered deed attested by two witnesses and accepted during the donor's lifetime.
Possibly. If the gift was made on the understanding that the child would care for the parent and that care stops, the senior citizens' maintenance tribunal can set the transfer aside.
Leases for more than one year must be registered. Some States require registration of all leave and licence agreements.
It is optional, but registration makes it harder to challenge.
Generally no, except by inheritance, under foreign exchange rules.
Sign a power of attorney at an Indian consulate or before a notary with apostille, get it stamped in India on arrival, and let the attorney attend the registration.
The bank keeps it until the loan is repaid; keep certified and scanned copies yourself.
File a police complaint and a civil suit for cancellation of the deed, and inform the sub-registrar.
It is common in many States to avoid compulsory registration, but check your State's rules; some require registration of all agreements.
Many States allow online drafting, payment and appointment booking, but the parties usually still appear in person for biometrics.
Under the RERA Act, not more than ten per cent of the cost before a written, registered agreement for sale.
For structural and workmanship defects reported within five years of possession, to be fixed without charge within thirty days.
No. They become owners by succession, but must update records through mutation with proof of heirship.
Not as a legal requirement since the 2025 amendment removed Section 213, but banks, buyers or offices may still ask for it as proof of the will.
No. The nominee holds for the legal heirs, as the Supreme Court held in Indrani Wahi (2016).
Yes. Stating shares avoids disputes, since co-owners do not automatically take each other's share on death.
Get a fresh encumbrance search just before registration, and register promptly once you pay.
Yes. The heir abroad can sign a power of attorney at an Indian consulate or before a notary with apostille, stamped in India, and the attorney joins the sale.
Open parking in common areas generally cannot be sold separately; covered or stilt parking is often allotted. Check what the deed describes.
It protects the bank. Have your own advocate review the title as well.
Their chain documents, any loan dues, and capital gains tax and exemptions with a chartered accountant.
When there is an unexplained break in the title chain, a co-owner refuses to sign, a suit is pending, the building is unapproved, or the seller will not show originals.
It varies by State and office, from a few days where it is automatic to several months; follow up on your application.
Bring a back-up witness with identity proof; registration needs two witnesses who can identify the executants.
In a resale, typically the buyer's advocate; with builders, the developer's standard form, which the buyer should review.
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