Sikkim Property Registration

Registration of property is the first step in making you a bona fide owner of the premise. In other words, property registration entrusts the owner with the legal rights over the property. In this article, we look at the procedure for Sikkim property registration in detail.

Property Purchase

The following categories of persons can acquire the properties in India:

A non-resident Indian
A Person of Indian Origin (PIO)

Methods of Acquiring Property

In India, the individual can acquire a property by means of inheritance, will, procurement, grant by the government/court or through gifts, trusts, etc.

Governing Regulation

Section 17 of the Registration Act, 1908, regulates the property or land registration which covers the entire country except for the State of Jammu and Kashmir. The Act was created to ensure the validity of the information provided in the deed and for proper maintenance of records. The Act stipulates that all property transactions must be registered, except if it involves the sale of a property that is restricted to Rs. 100. On the same note, transactions involving the gift of immovable property, as well as the one leased out for more than a year must be registered.

Eligibility

To complete Sikkim property registration, the parties to the transaction must be the residents of Sikkim. The rural inhabitants of the state must be in custody of Certificates of Identification (COI).

Required Documents

while registering the property, the applicant has to submit the following documents:

Proof of identity
Power of attorney (if representing someone)
Stamp duty
A printed copy of e-challan
A printed copy of PDE details
Revenue record of the land
Passport size photographs of the parties
Photograph of the transacted property
Map of the transferred or leasehold property
TDS Challan (for sale of agricultural land costing more than Rs. 50 lakhs)

Procedure of Registration

Let us now understand how an applicant can legalize his/her property using the procedure below: Step 1:- Submission The applicant may submit the sale deed and other documents to the Sub-Divisional Magistrate. Step 2:- Appear before the authorities Now, for affirmation of the transaction and certain clarifications, the concerned officers will ask to appear before the authorities. Step 3:- No Objection Certificate The documents will then be forwarded to the Registration Clerk, who in-turn will validate it before issuing a No Objection Certificates to banks, the seller’s relatives, and the boundary landowners. Step 4:- Objection period The Registration Clerk will order for a month’s objection. Allocation of this period to any objectors who could be against the transaction for concrete reasons. Step 5:- Registration Upon not raising any objection, the Registration Clerk will order the parties to remit 1% of the value of the land as stamp duty and 4% as bank receipt. The registration will then conclude in the presence of a few witnesses.

Time Limit for Submission

Furnish the essential documents not later than four months from the date of execution. In case of any delay, produce the documents to the sub-registrar with his endorsement, but the applicant might be forced to remit up to ten times of the original registration fee, subject to a maximum of Rs. 30,000.

Consequences of Non-Registration

Non-registration of the property could put the supposed owner at great risk over its ownership, considering that an unregistered document holds no legal grounds.