बिक्री, दान और बँटवारा विलेख की रजिस्ट्री (बिहार)
At a glance
- Law
- Registration Act, 1908 (S. 17) · Transfer of Property Act, 1882
- Who
- Owner or all co-owners, and the buyer, donee or co-sharers
- Where
- Sub-Registrar's office for the property
- Time
- Same day, after 2–7 days of preparation
What it is
A transfer of land or a house worth one hundred rupees or more must be made by a registered document (Section 17, Registration Act, 1908, and Sections 54 and 123, Transfer of Property Act, 1882). An unregistered deed does not transfer ownership (Section 49, Registration Act). The three most common deeds are:
- Sale deed: transfer of ownership for a price
- Gift deed: transfer without price. Under Section 123 TPA it must be registered and attested by at least two witnesses, and the gift must be accepted by the donee during the donor's lifetime (Section 122).
- Partition deed: division of jointly held family property among co-sharers, each taking a separate share
Who can execute
The owner or all co-owners as transferors; the buyer, donee or co-sharers as the other parties.
Step-by-step process
- 1
Title check
For a purchase, complete the title search first (see Guide 10).
- 2
Drafting
The deed is drafted with full particulars of the parties, the property (mauza, thana number, khata, khesra, area, chauhaddi), the price or consideration, and the terms.
- 3
Valuation
Stamp duty and registration fee are calculated on the value fixed in the Minimum Value Register (MVR) for that area, or on the stated consideration, whichever is higher.
- 4
Payment
Stamp duty and registration fee are paid online through the Bihar Registration Department's system.
- 5
Appointment
A date and time slot is booked at the Sub-Registrar's office having jurisdiction over the property.
- 6
PresentationSections 23, 32
The deed must be presented within four months of execution. All executants appear in person with two identifying witnesses; photographs and thumb impressions are taken and the deed is signed before the Sub-Registrar.
- 7
Registration
The Sub-Registrar admits execution, registers the deed and returns the original. In Bihar, details of the registered deed are sent on to the Circle Officer for mutation.
- 8
Mutation
The new owner should confirm that mutation (dakhil-kharij) follows and that the jamabandi changes to his or her name (see Guide 13).
Documents required
Checklist · 7 items- Draft deed
- Seller's / donor's title documents, latest jamabandi and rent receipt
- Identity proof (Aadhaar) and PAN of all parties; Form 60 where a party has no PAN
- Passport-size photographs of all parties
- Identity proof of the two witnesses
- Online payment receipts for stamp duty and registration fee
- For a partition deed: family register (vanshavali) and a plot-wise schedule of each share
Time usually taken
Registered on the day of appointment
Ordinarily the deed is registered on the day of appointment. Drafting, valuation and payment usually take two to seven days beforehand.
Points to remember
- 01Where the price exceeds the prescribed limit, income-tax rules on TDS and on cash payment apply; payment through bank is advisable in every case.
- 02A family settlement that only records a partition already made orally earlier need not be registered, but a document that itself effects a partition must be registered (Kale v. Deputy Director of Consolidation (1976) 3 SCC 119).
- 03A gift, once accepted and registered, cannot ordinarily be revoked unless the deed itself reserves that right on a specified event (Section 126 TPA). Under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen may have a gift declared void if the donee fails to provide the basic amenities that were a condition of the gift.
Frequently asked questions
Does an unregistered sale deed transfer ownership?
No. A transfer of land or a house worth one hundred rupees or more must be made by a registered document, and an unregistered deed does not transfer ownership (Section 49, Registration Act).
How is stamp duty calculated on a sale deed in Bihar?
Stamp duty and registration fee are calculated on the value fixed in the Minimum Value Register (MVR) for that area, or on the stated consideration, whichever is higher. Rates change from time to time.
Can a registered gift deed be cancelled?
Ordinarily not, unless the deed reserves that right on a specified event (Section 126 TPA). A senior citizen may have a gift declared void under Section 23 of the Senior Citizens Act if the donee fails to provide the basic amenities that were a condition of the gift.
Does a family settlement or partition need to be registered?
A document that itself effects a partition must be registered. A family settlement that only records a partition already made orally earlier need not be registered (Kale v. Deputy Director of Consolidation (1976)).
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation