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Pravesh DabasAdvocate Delhi, India

03 · Property & Real Estate

Registration & Transfer of Property

This area covers the formalities of transferring property and recording the change — registration, stamp duty and mutation.

What this covers

  1. 01Registration of sale, gift and relinquishment deeds
  2. 02Stamp duty assessment
  3. 03Mutation in municipal and revenue records
  4. 04Transfers within families
  5. 05Correction of errors in registered documents

How it generally works

Documents that transfer immovable property generally must be registered with the sub-registrar under the Registration Act, 1908, after payment of stamp duty. An unregistered document of this kind cannot ordinarily transfer ownership.

After transfer, the new owner applies for mutation, so that municipal or revenue records reflect the change. Mutation records ownership for tax and record purposes but does not itself create title.

Transfers within a family — by gift, relinquishment or settlement — have their own documentation and stamp duty rules.