After the grace period of four months, the document can be registered under any circumstances.

Before registration, the final sale deed is prepared on stamp paper of appropriate value, which will be the prevailing rates of stamp duty in the respective states. This set of documents should be executed by the seller and the buyer. Irrespective of the value shown in the documents, the Sub-Registrar will determine the market value of the property and amount of stamp duty payable.

Once registered, the seller cannot resell the same property to someone else. Registration helps trace the ownership and history of change of ownership of a property. Moreover, the sale and transfer of a registered property is much easier and safer as is in the interest of a buyer to have the documents registered in his name. Or else, the documents will not be admissible as evidence in any transaction, subject to certain exceptions.

Deed of Confirmation

In case a sale agreement has not been registered, the buyer should prepare and execute a deed of confirmation. To the deed of confirmation, the original documents that could not be registered should be attached. Thereafter, he should register the deed of confirmation to which the original documents have been attached at the office of the Sub-Registrar of Assurances.

Process of Registration

A buyer should visit the Sub-Registrar’s office along with the seller and two witnesses. The documents to be registered should be presented in original at the office of the Sub-Registrar. Also take a few extra copies of the documents. Attach two extra two bank ledger papers at the end of original document for endorsement purposes by the Sub-Registrar.

At the time of submission of documents, you should ensure:

1. The documents should state the names of the parties – Buyer and Seller along with their full addresses.
2. These details should be clearly filled in:
      - House No.
      - Date of construction of the building
      - Area of the house (built up, Carpet, Floor, Super Area)
      - Ward No.
       - Name of Road/Locality
      - No. Of Floors
      - Surrounding properties
3. These documents should be attached:
      - Copy of building Plan Showing the house property
      - NOC under the Income Tax Act (if applicable)
      - NOC from the Society (In case the house comes under a Society)
      - Allotment letter (if any)
      - Photographs of the buyer
4. A buyer should also pay these amounts in addition to the stamp duty:
      - Applicable Registration Fee (it depends on the total consideration subject to some minimum limits)
      - Copying Fees
      - Charges for grant of certified copies
      - File Charges

After submission of all the documents including the sale deed/agreement to sell, along with other documents referred to, at the office of the Sub-Registrar or registrar of Assurances, and on payment of prescribed registration fees, the registering office will issue a receipt to the buyer. The buyer and the seller should be present before the registering officer along with their respective witnesses in order to admit the execution of the documents. A buyer can authorize his representative to execute the documents. The seller must be present and transfer the title by signing the transfer deeds and all appropriate documents. Instead of being present himself, a buyer or seller may appoint a power of attorney to represent them and admit the execution of documents. These representatives should be holding valid and proper Power of Attorney.

The buyer should preserve the receipt issued by the Registering Office. The timeframe for registering the documents varies from State to State. The time period may vary from one month to one year. After a prescribed period, a buyer can co0llect the registered documents personally or through a duly authorized agent, after production of the original receipt from the registrar’s office. Once the documents are registered, the buyer can apply for an extract of registration of document from the office of the Sub-Registrar of Assurance. This is also called Index II. Once this is done, the buyer may get the house property transferred in the municipal records and at other places as applicable

If the buyer has taken a housing loan to buy the property, then usually the financing bank or housing finance company will keep the original documents as a security for repayment of the loan. The buyer can apply to the Registering Officer for a certified copy of the documents in such cases.