How to do a Plot registry in UP?

In many diverse regions of South Asia, including India, plot registration appears to be the most essential legal task which manifests the sale and purchase of the property with secured legal rights over the property. 

In the Indian state of Uttar Pradesh (UP), the registration of a plot follows the framework provided under the Indian Registration Act, 1908 whereby local laws exist on registering transactions that include selling, transferring or inheritance of the land. 

Hence regardless of whether you are looking for investment opportunities or buying a property for the first time, it is necessary to learn proper registration of a plot in UP so as to avoid future problems.

The UP Registration Act, 1908

Acts as a central law for document registration for immovable land. It came into action on Jan 1, 1909.

For those not familiar with its contents, the article will cover the basic elements of the plot registration process in UP, the legal documents that should be prepared in advance, the legal boundaries of the tasks and other relevant information useful in performing the activities without any trouble.

Why is it crucial to register your property?

Plot registration can be viewed as a security measure for property rights and justice as one is able to possess legal documents proving ownership of the registered plot. It has now become clear that plot registration is a necessity because of the following factors:

A)  Legal Recognition

One of the key gifts to the owners of land is having the lawful title deed indicating government ownership of the land.

B)   Prevention of Fraud

Adequate registration of land prevents alienations and phoney claims to the rightful ownership of the land.

C)  Secures Financing

Registered land document is required for security purposes from financial institutions when advancing loans.

D)  Dispute Resolution 

In the event of disagreement concerns, such documents give the possessor an upper hand in court.

Legal Structure for Plots Registration in the State of Uttar Pradesh

The registration of plots in UP is controlled by these relevant key legal regimes.

i) Indian Registration Act, 1908 

This is a central legislation which deals with the registration of different instruments including conveyance of property.

ii) Stamp Act

Stamp duty is an important requirement when registering a property with the registrars and it is proportional to the type of the property.

iii) Uttar Pradesh Revenue Code 

This sets the basic rules that concerns registration of lands and other related matters in UP.

These laws must be adhered to, so that when applying for the registration of plots, the user complies with policies of the state and nation.

Procedure for Registration of a Plot in UP in a Stepwise Format

Document preparation

Move to the Sub-Registrar office only if you have adequate documentation. The list of documentation, in this case, is exhaustive in nature and includes:

Sale Deed

This is the legal document that transfers property rights to the buyer from the seller. It has to be written with non-judicial stamp paper of the appropriate value.

Identification Proof

Buyer and seller both must possess any relevant photograph proofs such as Aadhaar card, Voter ID, Passport etc.

Title Documents

The seller is to produce the original title documents or any previous sale deeds and that was to prove lawful ownership of the plot.

Proof of stamp duty payment

The stamp duty has to be paid up before the registration process and payment of the stamp duty receipt should be used as proof of the transaction.

Tax receipts on the property

Evidence in documentation is required that the property in question has no municipal tax arrears.

Khatauni / Land Record 

In this document, there are particulars of ownership, dimensions and the boundaries of the land.

Fees related to the collection of Stamp Duty

Stamp duty is one of the taxes on property criteria incurred by the government during the transfer of ownership of property. In UP, the stamp duty rate for registration of sale deeds is generally within the region of 5% to 7 % as against the market value of the property in question.

Stamp duty and registration 2024-2025 in UP

However, in the case of women buyers, there may be some concessions on stamp duty in certain instances. For urban properties, the rate is generally higher as opposed to for rural properties. 

It is possible to pay stamp duty in cash at a specific stamp vendor or electronically through the UP government’s official website.

How to calculate stamp duty?

Let us understand the calculation through an example:

Mr shah is purchasing a property in UP for Rs 40 lakh, so he needs to clear the registration and stamp duty charges to complete the entire process. The stamp duty for male is 7%.

• 7% of 40 lakh: Rs 2,80,000 is the stamp duty
• 1% of 40 lakh: 40,000 is the registration charge.

What is legal stamp duty?

The fees of court charged because it is assessed to court appellants is legal stamp duty.

What is illegal stamp duty?

The stamp duty that is paid on agreement or registration process is paid once, so it is stated as illegal stamp duty.

Stamp duty exemption

To get stamp duty exemption, one can visit NIVESH MITRA PORTAL and continue their process with simple steps without any need to physically visit.

Visiting the Sub-Registrar office

The plot registration is done at the Sub-Registrar’s Office. Normally, this office is situated in the district or tehsil where the property lies. Many times, it can be mandatory to book an appointment online for the registration process as UP has started the process of digitizing different services related to the registration of the property.

Obtain All Necessary Documents

The registrar shall identify that all necessary documents are available and valid.

Verification of Parties

Both parties would verify themselves. This may be done through original documents presented by each party.

Execution and Attestation of the Documents

After verification, the buyer and seller are to sign the Sale Deed in the registrar’s presence. The registration date falls on the signing date.

Witnesses

Two independent witnesses also need to be present to sign the deed. Their identity also needs to be verified using original documents.

Fingerprinting

The fingerprints of parties and witnesses will be taken in the course of procedure.

Registration Charges

In addition to the stamp duty, there is also a registration charge payable at the Sub Registrar Office. Registration charges are usually percentage charges of the total value of the property. The charge rates may vary depending on the place and value of the property.

Delivery of Registered Documents

Once the documents are signed and stamped and verified, it will be delivered to the buyer. The most important papers to be received are:

• A registered sale deed.
• The original title documents if any.
• A receipt of registration that contains the registration number and all other details of the transaction.

At this point, the thing is legally considered the buyer’s property and the deal is recorded in the public registry.

Online Plot Registration in Uttar Pradesh

The Uttar Pradesh government has introduced various online plot registration services under initiatives for simplicity and less bureaucracy in registration. These include the following:

Online Stamp Duty Payment

Calculating and paying stamp duty online comes within this category.

Appointment Booking 

• You can book an appointment for registration online.
• Online registration of some document verification services can be accessed, but the signature and registration process must still be in person.

To access the online registration system, one may visit the UP-Revenue Department’s official portal.

IGRS Uttar Pradesh

It is a digital portal made to streamline property related processes such as documentation, transaction, withdrawal of stamp duty and any kind of redressal issues to help buyers avoid complexity of dealings.

It can be accessed through the official portal to search, any recent transactions, property, village, map or relevant information.

Tax benefits on stamp duty

As per Section 80C of Income Tax Act of 1961, every individual can claim tax exemptions. Joint owners also fall under the criteria with the max amount of Rs 1,50,000. Sole individuals can claim only if the property is brand new.

Section 17 of the Uttar Pradesh Registration Act

Any immovable property sale transaction that exceeds Rs. 100 must be registered under Section 17 of the Uttar Pradesh Act. It includes all kinds of transactions related to any immovable property sale. It also applies to gift deeds for immovable properties and lease deeds with a duration higher than a year.

Documents required to register properties

• Sale Deed or Title Deed
• Encumbrance Certificate
• Khata Certificate
• Property Tax Receipts
• Identification and Address Proof
• Passport-Size Photographs
• No Objection Certificate/NOC
• PAN Card/Aadhaar Card
• Duly Filled Application Form
• Receipt of Stamp Duty Paid
• Possession Letter
• Power of Attorney (if any)

Verify property details

It is crucial to get all the details checked for the registered land. Users can utilize the official website for this purpose. They will need to enter the details required, such as office details, registration number, registration year and captcha code.

After completing this, they can click on ‘see details’ to check property verification.

Stamp duty, registration fee on property registry in UP in 2024

Stamp duty charges are different for males and females in UP.

·        Male: 7%

·        Female: 6%

·        Male + Female = 6.5%

·        Female + Female: 6%

·        Male + Male- 7%

The registration charges are the same at 1% all over UP for both genders.

Senior citizens also have some benefits of reduction in stamp duty.

Conclusion

Plot registration is not a mere procedural requirement but an essential one for protecting your rights in your property. Due to this, good understanding of the legal framework in Uttar Pradesh and following the procedure properly by the property buyers can save the investment against a dispute in the future. 

If it so happens that you are navigating through the procedure of registering a plot in Uttar Pradesh, ensure proper documentation, pay the fees called for and consult strictly as laid out by the authorities. The process is so complicated that professional legal advice may ensure that a transaction is smooth and legally sound.

Frequently asked questions on How to do a Plot registry in UP?

Q1. How can I check the Uttar Pradesh property registry?

Ans1. The UP property registry can be checked online through the IGRS portal by entering the property details or by visiting the sub-registrar office.

Q2. How can I register my property in Uttar Pradesh?

Ans2.In UP, the property can be registered by following the procedure mentioned in the blog.

Q3. What is the registration fee for property in UP?

Ans3. The registration fees for property in UP is 1% of the value of property but it cannot be more than 30,000.

Q4. Which is the property registration Act in UP?

Ans4. Property registration in UP is governed by the UP Registration Act, 1908.

Q5. How can I check my home registry online in India?

Ans5. The registration of property can be checked online through the respective portals of the particular state.

Q6. What are the new rules for the property registration in UP in 2024?

Ans6. There is no new rule for property registration in UP that came in 2024.

Q7. Is unregistered will valid in UP?

Ans7. The unregistered will is not valid in UP. However, the same can be used in evidence.

Q8. How much land can one person own in UP?

Ans8. There is no limit upon the land holding of a person in UP.