Legal Drafting & Property Registration Services
Legal Drafting & Property Registration Services
Service Highlights
"Legal drafting" can mean the preparation of any written legal document --a motion, a letter, a brief, a memo, or a contract. "Legal drafting" can mean the task of preparing a transaction, which includes a lot more than putting words on paper. It includes the substance of the underlying law, strategies for representing a client in a transaction, the skill of negotiation, and the ability to close a transaction. "Legal drafting" can mean the writing of binding legal text. It is the skill of putting words on paper to create rights and duties.
Service Highlights
Registration of the property is a full and final agreement signed between two parties. Once a property is registered, it means that the property buyer in whose favor the property is registered is the lawful owner of the premises and is fully responsible for it in all respects. The law does not recognize unregistered owners and does not give them any rights over the property. Therefore, Registration of Property is Compulsory to prevent fraud or future litigation. Registering the documents relating to the transfer, sale, lease or any other form of disposal of a property is compulsory under section 17 of the Indian Registration Act, 1908. The aim of the registration is to prevent fraud, in addition to create and maintain an up-to-date public record. The registration can take place at the Sub-Registration Office within which the property is located or in the District Sub-Registrar Office of the District where the property is located.
Procedures for Registration of Property
Property Registration in India is compulsory under section 17 of the Indian Registration Act, 1908. The registration of property is to be done in the Registrar’s Offices by the Sub-Registrar. Following are some procedures or processes of property Registration.
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Verify the property title: The property documentation will vary depending on whether the property is being transferred from the developer or seller. The process of due diligence gets easier in case of a secondary sale as the first owner of the property would have all the documents in place for the registration of the property. If the title were not clear and marketable, most financial institutions would refuse to finance the property. A bank or a housing finance company carries out the due diligence process before approving the project and the housing loan. However, the onus lies on the buyer to verify the property title before registration.
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Find Sub Registrar Office: One has to present the Sale Deed in the concerned Sub-Registrar Office where the land is situated.
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Stamp Duty and Sale Deed: The Schedule of the property should be correctly mentioned in the Sale Deed and if any structure is situated over the landed property that has to be mentioned in the Sale Deed along with its cost. Preparation of property Sale Deed is done by an authorized attorney on behalf of the purchaser. The stamp duty is usually a percentage of the transaction value levied by the state government, on every registered sale. The levy of stamp duty is a State subject and thus the rates of stamp duty vary from State to State..
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Take appointment: The registration fee should be paid a few days before going for registration and the receipt is to be shown to the Sub-Registrar’s Office one day before the actual date of registration or at the time of registration. An online appointment has to be taken and registration has to be done at the office of the Sub-Registrar.
Services Highlights
- Sale Deed
- Gift Deed
- Residential Leave And License Agreement (Online Facility Available So no need to go in Sub Registrar office)
- Commercial Leave And License Agreement (Online Facility Available So no need to go in Sub Registrar office)
- Notice to vacant tenant
- Release Deed
- Affidavits
- Will
- Development Agreement
- Power of Attorney
- Drafting of correspondence with the employees including appointment letters, labour agreements, warnings, and office orders etc.
- Service legal Agreement
- Partnership Deed
- Vendor Agreement
- Non Discloser Agreement
- Memorandum of Understanding
- Franchise Agreement
- Joint venture Agreement
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Submission of Documents: After detailed verification of the Sale Deed, the registration process will be completed as per the Registration Act. Once the registration is complete the duly registered document may be collected by signing in the dispatch register or by giving a letter of authority to someone to collect it on your behalf. The final sale deed should be stamped and registered at the appropriate Sub-Registrar’s Office. The Sub-registrar keeps a copy (Scanning) of the documents and returns the original documents to the buyer.
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Mutation of the title: Once the registration is complete, the purchaser has to apply to the local municipal authority to get the title of the property concerned transferred to his/her name. This is commonly referred to as mutation of the title of the property.
We at DiSha Enterprises will assist you to get your deeds or document registered. There are certain formalities which required to be carried out before a document is registered and for the presentation of document to the registrar office certain forms are to be filled and in some cases online Data entry required to be done and various other formalities are carried out. We at DiSha Enterprises will help you through all these formalities and requirements which you need to carry out for registration. Our Legal team will assist you in completing all these requirements and guide you throughout the process.