As the Bihar state recognizes properties, it is imperative to look at those parts of the legal procedure, finance, and formalities, which make up for easier resolution of issues
1. The Property: Kinds of Properties that May Be Registered
In Bihar, the following types of properties require registration Residential Properties: Residential real property, which includes houses, flats, and any land or buildings intended for the buyer's own use.
Commercial Properties: Commercial usages, such as stores, or business buildings, or any land proposed to be used for commercial purposes.
Agricultural Land: Agricultural land refers to the land used for agricultural farming as well as any other farming-related purpose.
Inherited Properties: Acquisitions that are realized by an individual upon the transfer of assets by a previous owner.
Every type of property might have other conditions or may require other documents, including the mutation records in the case of the agricultural Section 118 land or the legal heir certificate in the case of inherited property.
2. Mutation of Property
However, following the registration of the property, a mutation process that transfers the ownership details of the property to the municipal records is crucial. Mutation guarantees that the property’s owner pays property tax and utility bills in the new owner’s name.
Documents Required for Mutation
Registered sale deed.
Proof of registration of the owner (Aadhaar or PAN card).
Application form for mutation.
Property tax receipts.
Timeline for Mutation: This is usually used within 15 to 30 days depending on the local municipal authority in areas of adoption.
3. Stamp Duty and Registration Charges details
The stamp duty and registration charges vary depending on the type of property and its location
Urban Areas: Higher rates for properties within the municipal region.
Rural Areas: Reduced charges for those facilities situated in rural zones.
Women Buyers: Females of Bihar are allowed the privilege to get a concession in stamp duty for their purchase of properties.
Example Calculation for a Property Worth ₹50 Lakh:
Stamp Duty: 6% of ₹50,00,000 = ₹3,00,000.
Registration Fee: 5% of ₹50,00,000 = ₹2,50,000.
Total: ₹5,50,000.
It is always advisable to check on the correct rates from the official government website.
4. Legal Due Diligence
However, there are a lot of activities that are critical in this process, and one of them is legal due diligence before buying any property. Key steps include:
Title Verification: See that the current seller has clean title to the property.
Encumbrance Certificate (EC): To ensure that the property is not charged for any loans or is not facing any legal issues, then apply for an EC from the registrar’s office.
Property Tax Receipts: Ensure yourself that all the property taxes by the seller have been fully paid.
Government Approvals: Ensure outdoor récc’s check for local authorization, especially for new constructions.
This can be avoided by seeking the services of a property lawyer who will guide the parties on the best way to go.
5. Role of a Sub-Registrar
The sub-registrar office is an office that registers property transactions that take place in the society.
Verification of Documents: The sub-registrar verifies all the documents that are submitted to him and cross-checks their legal validity.
Witnesses Required: Normally during this registration stage, two witnesses are needed to sign.
Digital Records: The next step is to create a record of the property details for future use after a process of validation.
This makes it appropriate to make an appointment with the sub-registrar to prevent cases of time delay.
6. Importance of E-Registration
The e-registration system of the Bihar government is a revolution in property-related transactions. It offers several advanced features:
Document Upload: Permits the applicants to upload necessary documents online for a basic check to shorten the time needed to complete the process.
How to Access E-Registration Services
1. Go to the official Bihar Land Records website or the Bihar Revenue Department’s website.
2. First check the register as user/visitor or login to the portal one.
3. Submit other necessary documents and make the appropriate payments as well.
4. Get an appointment to go to the sub-registrar’s office for biometric identification.
7. Things to Consider During Registration that You Need to be Aware Of
Incomplete Documentation: Lack of some documents or having the wrong ones will see the application delayed or rejected in the process.
Failure to Verify Property Details: Failure to observe these disparities may culminate in discourses.
Ignoring Deadlines: An owner must register his property within four months of the transfer of the property. Failure to do so incurs penalties.
Not Checking Encumbrances: You also risk parting with your hard-earned money or ending up in litigation since you failed to check for encumbrances before buying a property.
A few ideas concerning a tension-free property registration
1. Engage a Professional: Getting inside help in the form of a property legal counsel or consultant helps make complicated legal and financial matters easier.
2. Cross-Check Details: Cross-check all property details with respect to size and a range that it occupies area, ownership pattern, and encumbrance map.
3. Use Government Resources: Use official websites and help centers to receive only genuine information and help.
4. Stay Informed: Always have a check on changes in stamp duty, registration fees, and other lawful provisions.
FAQs: A brief overview of land records and property registration in Bihar
Here are some frequently asked questions about property registration in Bihar, along with their answers:
Q1: What documents are submitted when registering property in Bihar?
A1: The property documents that are used for registration are as follows:
Identity proof and biometric: Aadhaar card
PAN Card (for the purpose of financial verification as well as tax)
Original Sale Deed (This is the document that establishes legal ownership of the property together in the property description).
No Objection Certificate (NOC) (if small loans are taken, for a flat in society premises or for any inherited property)
Q2: What is the stamp duty and registration fee to be paid for property in Bihar?
A2: Stamp Duty: Market value of 6% of the property is to be paid as stamp duty.
Registration Fee: 5% of the rateable value of the property.
Q3: How many minutes does it take to complete the registration of a property?
A3: The property registration can take only 7 to 15 days and this depends on the readiness of the documents and availability of the sub-registrar. Nevertheless, the registration has to be done legally within 4 months of conducting the property transaction to meet the set standard.
Q4: What must be the consequence of slow registration of properties?
A4: If registration is not done before the 4th month, the penalty of 2% per month on the stamp duty is charged.
Q5: Is it possible to register properties in Bihar online?
A5: Yes, Bihar does provide an e-registration facility. All the documents required can be uploaded online, and fees can also be paid, and one can even schedule the biometric verification at the official Bihar Land Records website.
Q6: What does the term No Objection Certificate (NOC) mean regarding registering property?
A6: They pointed to scenarios that would call for an NOC, including the following:
The latest loan details have to be shown if there are any for the property, and the bank must give an NOC.
In the case of society flats, an NOC of the housing society is mandatory.
In the inheritance cases, all legal heirs have to provide NOC to prove that there are no issues.
Q7: Is Aadhaar made compulsory for property registration?
A7: Yes, Aadhaar is required in Bihar for identification and biometric attendance during the registration phase.
Q8: However, a very fundamental and vital question that arises in this subject is what is mutational and why mutational after registration?
A8: A mutation simply means an amendment of the details that appears on the municipal or revenue records. It makes sure that property tax as well as utility bills are being produced in the new owner’s name. It becomes apparent that mutation is a central point for creating legal rights to ownership.
Q9: What is an encumbrance certificate, and why is it important?
A9: An Encumbrance Certificate (EC) shows that there are no encumbrances or outstanding liabilities on the property it refers to, be it legal or financial, such as loans. It is one that can be useful in checking before buying a house or any property.
Q10: To what languages are Bihar property documents translated?
A10: Applications regarding property documents for registration could be in Hindi or English.
Q11: In property registration, the questions that can be asked are: Are there any gains for the women?
A11: Yes, Bihar has a stamp duty waiver for women buyers to promote women’s property-buying habits.
Q12: Can a property lawyer help in registration?
A12: Absolutely. A property lawyer makes sure that all the paperwork is correct and that all the necessary legal requirements are incorporated into the transaction.
Q13: There came the question, what kinds of consequences may be expected if the documentation is done wrong?
A13: If wrong or partial documents are produced and accepted, it would take another one to one and a half years to complete the registration, or the registration could be rejected and further penalties could be given out for failure in completing registration within the given time frame.
Q14: Is it possible to register the property without visiting the sub-registrar’s office?
A14: However, online registration of all processes is possible through e-registration, but biometric verification and the final submission of documents have to be done physically at the sub-registrar’s office.
Q15: How to ensure the credibility of property details before buying a property?
A15: You can confirm information about property by:
Revisiting the early sale document.
Another process is called Encumbrance Certificate (EC).
Addressing the land ownership and legal status at the records of the province.
Q16: What should I do if I am in conflict during the registration?
A16: To avoid the situations like these, in case you find one of you violating the terms of the contrac, you should seek the services of a property lawyer. They can assist you in the problems of the ownership, in the recognition of documents, or may act on your behalf in the court if needed.
Q17: Is it necessary for joint owners to be present during the taking of the vehicle for registration?
A17: Yes, from the registration form, the property could be jointly owned, so those who own the property have to come with their fingerprints to be taken and also sign the documents.
Conclusion
Familiarity with these FAQs can help to demystify Bihar property registration. However, for professional advice, it is always advised to consult a legal or property consultant. By being informed, one is able to avoid any delay, fines, and now or later confrontation. on during the transactions of properties.
