Flat and Land Registration
For property transactions happening in West Bengal, the property buyer has to pay stamp duty and registration charges applied on and depending on the price of sale of the property, to the West Bengal Property & Land Registration Department. A portion of this property document registration procedure in Kolkata and other cities of West Bengal, can be done online. This comprises of submission of identity proofs, property details and preparation of the e-deed. Here is a brief overview of the property registration in West Bengal and details about the documents required for this process.
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Process of Property Registration
Registration of land and property involves the following steps:
- Verification of the title of the land or property
- Estimation of the value of the property or land
- Preparation of the stamp papers
- Drafting of the sale deed
- Payment of the stamp duty & registration fees
- Visit the Sub-Registrar for registration
- Submission of important required documents
The basic objective of registration is to record the execution of the deed. Only when you register the transaction or deed, it becomes legal and the ownership, if any, is transferred to the respective authorised owner.
How is the stamp duty calculated?
Stamp duty is a tax that is imposed on single property purchases or documents. A physical revenue stamp had to be attached to or affixed upon the document to show that stamp duty had been paid before the document was legally effective. It acts as a legal proof of ownership and authority. The calculation of the stamp duty can depend on a number of aspects. Some of them are mentioned below:
- Ready reckoner rate
- Market values
- Circle rate of consideration value of the property
- Out of these, whichever amount is higher is calculated as the stamp duty.
The stamp duty charges in Kolkata, West Bengal are mentioned below:
| Location of the Property | Less than Rs.25 lakh | Above Rs.40 lakh |
|---|---|---|
| Corporation (Howrah or Kolkata) area | 4.00% | 5.00% |
| Notified area / Municipality / Municipal Corporation | 4.00% | 5.00% |
| Areas not included in the above mentioned categories | 3.00% | 4.00% |
When is the stamp duty supposed to be paid by the buyer?
This amount of tax or the revenue to the government is generally paid on the day of execution of the document or deed. This is paid during the registration of the document and the transaction itself.
Documents required for Property Registration
- Identity proof: Aadhar Card, Voter ID, PAN card, passport, driving licence.
- Assessment slip which has the market value, stamp duty and registration fee applicable on the property.
- PAN card or Form 60, along with identity proof and address proof of both the parties.
- Stamp duty and registration fee payment acknowledgment.
- Permission from authority, if applicable.
Frequently Asked Questions
Can one sell a property without registration in West Bengal?
Without registration of the property, a person has no legal right over it, even if he has cleared all his dues with the builder and there is no encumbrance. The property registration process gives ownership right over a property. Without registration of a property, a buyer has no legal right over the property and moreover the seller cannot sell it to anyone under the Transfer of Property Act.
How much does it cost to register a flat?
Both property registration fees and stamp duty charges can come up to 7% to 10% of the total property cost, depending on the state the property and the type of purchase. In most cities and towns in India, 1% of the property value is applicable as registration fees.
Can we avoid stamp duty?
You might have the option to postpone or delay your stamp duty payment for up to 12 months if you buy a property off-the-plan that you intend to live in. In all other cases, you must pay it within 3 months of settlement to avoid additional fees and interest.
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