I was recently involved in registering two properties (both apartments) in Bangalore. I am proud to write that both the registrations were done without paying any bribe. All transactions were done in white. Both the registrations where of type resale - that is from an owner not via builder. The idea behind this post is to share the process of property registration in Bangalore - what all documents are required and what happens at the Sub Registrar's office.
What do you need before the day of registration -
The Intangibles -
- A seller who is also willing to go through the process without paying any bribe.
- A will that you will not give bribe come what may.
Documents et al -
- Sale Deed - Between the seller and yourself. It should be printed on a 2 Rupee stamp paper. There are several shops near the Sub Registrar office which will print this for you. They charge INR 10 for each print out and INR 2 for every page used. Alternately, you can even buy the paper separately and print at home as well.
- Form 1 and Affidavit : You can buy it at XEROX shop in the BDA complex. Just ask around. The affidavit is only in Kannada, so if you do not know Kannada, you may want to get some some help here.
- Khata certificate/extract.
- Property tax paid receipt
- Previous sale deed.
- DDs favoring The Sub Registrar, , Bangalore. Area is the place under which the Sub registrar office falls. For example, if you are doing it in IndiraNagar, Area name will be Shivajinagar. There will be one DD for 5.6% and another one for 1% of the registration value.
- Two witnesses. The witness should be present on the day of registration and you should make sure that they know that the process is a bribe-free process and hence it could take a good amount of time. (My suggestion - pick two of your good friends so that it also becomes a hangout with them)
- Property tax can be paid online here - https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp In Bangalore, if the value of property is more than 50 Lakhs, it is mandatory that the tax has to be paid before you go for registration. (I have heard that in other cities, it can be paid later as well but i have not verified it) This tax is actually credited as a tax credit to the seller (You will need the seller's Pan card details for this). You should discuss this with the seller in case he is not aware of this, it is a new rule that came into action only in 2013. So, you need to pay the seller 1% less as this last 1% will come to him as a tax credit. So, if you are buying a property, say worth 1 Cr, from a seller, then you will pay him 99 Lakhs and the last one lakh will be paid to him via this tax. (Apparently the govt. wants to be in the loop.)
- The sale deed should mention information about the above tax. Upon paying the tax, you will get an acknowledgement number which should be mentioned in the sale deed.
- In both the cases, i visited the Sub-registrar's office before the day of registration to ensure that the checklist is correct, in case there are some local variations.
- The witness should write their full names and addresses along with their signatures. I asked mine to even write their contact numbers :)
- You should also write the Bescom meter number in the sale deed saying that the seller has no objection in transferring so in the buyer's name. I did not had it in my clause and had to take an extra NOC from the seller. There will be separate posts on my Khata transfer and meter transfer experience, both of them are underway.
- The first thing that happens is that a man takes all the documents and checks if all the necessary documents are present. He is the one who will check that the sale deed is correct, the sum of installments equals to the sum of transaction, the DDs are of the correct amount. Next, he would arrange the documents in right order and add a small post it note writing some code that i could not decipher. He will redirect you to the next table.
- At Koramangala BDA, i was redirected to the Sub Registrar himself who checked these docs himself. He asked me who prepared the Sale Deed. I answered that i did it myself and then he asked me write that - PREPARED BY SELF, at the last page. At Indiranagar, the guy who was checking the documents asked me to do the same.
- Next comes the most important step. You are redirected to a table which has a computer. Here is where the actual registration happens. At this table, both the buyer and seller have to give their thumb print and photographs. This identity data is printed at the back of the first few pages of your sale deed. The operator will also enter details of the property into the computer which will be later uploaded to the server. Before uploading, they will give a print out which you will have to verify is correct. Be careful of spelling mistakes/omissions as the operators do it very fast and are bound to make mistakes. At both the BDA, operator was handling multiple(2-3) applicants in parallel and hence be vigilant at this step. The operator will also enter the details of witnesses but it is not required to record their photograph or thumbprint.
- You will have to sign this print out after you have ensured that all the information is accurate. If not, tell the mistake to operator and she will print the document again. This print out will also be signed by the operator. It has to be signed by another authority figure, most likely the operator's superior officer. The operator will redirect you to a table where the superior officer sits. Get a sign from him.
- After the signature from superior officer, the operator will print the thumbprint and photograph of buyers and seller at the back of the sale deed. The same operator will also keep the DDs. This sale deed with all the information is now uploaded to the central server now. This requires a scan of the sale deed which the operator will do.
- The next step is stamping of the Sale Deed. All the pages of the sale deed has to be stamped. The stamping officer will also take the signature of buyer, seller next to their photographs. The witnesses also have to sign on this document. Normally, the stamping officer will verify that the signatures should match but since they always do, they are little lax about it. The witnesses have to wait till this step. Once they have signed, they are free to leave.
- Next, the stamped sale deed will go to the Sub Registrar for his signature. At Koramangala BDA, i took the sale deed myself to the Sub Registrar. At Indiranagar BDA, the stamping officer took it himself for the signature.
- Once the Sub Registrar signs the sale deed, it has to be uploaded again to the server, this time with all the stamps and the Sub Registrar's signature. The scanning officer in this step is different than the operator in step 5, unless the scan machine has broken down which happened at the Indiranagar BDA.
- After the scanning, your registration is complete. You can collect the document by paying a small fee for the process of registration. It is around INR 500. You can pay by cash. They will give you a receipt for the same. Upon this, they will enter the registrar details in a register which you will have to sign. It mostly means that you are signing that you have received the signed sale deed.
- That's it. You are done. Say Thank you to the officers, and give a treat to yourself!!
- The process at Koramangala BDA took 2 hrs end to end. The one at Indiranagar took about 5 hrs. But we were the first ones at Koramangala (right at 10:30 am) while at Indiranagar, we went at 11:30am and most of the delay was because there were 4-5 applications before us. So, go early. Also, you can not go after 3 pm. That is step 1 should be done by 3 pm. Then only then can get the process done before 5:30 pm. Also, at the Indiranagar office, one scanner was not working which made the process slower.
- It is not that they don't ask for the money. At the Koramangala BDA, the stamping officer signaled me but i told him that i will see once the registration completes. Once all steps were done, i said thank you to him and came out. At Indiranagar BDA, the guy sitting next to the stamping officer asked for 5K. I said i am not paying it. At this point, he kept my sale deed in a drawer refusing to send it to the Sub Registrar. I waited patiently and after 5 mins, I went to the stamping officer asking him what is the next step. He asked me to wait. After about 15-20 mins, his deputy, who had gone for lunch earlier, returned and took my sale deed to sub registrar. The guy who had asked for money was sitting with an angry look and for the most part would not look at me. I also ignored him for most of my part.
- Throughout the 10 step process above, once inside the office, you see openly bribe being given. Money is given in front of everyone. It is no longer an under the table step. So much so, that the operator who keys in the sale deed details on his/her computer keeps the 100 INR notes tucked under her keyboard so that they are not misplaced.
- I did feel sorry for the operator as they work in such a bad office space working under so much pressure. At both the offices, the ceiling fan was rotating very slowly and it was quite hot inside. The operators are always surrounded by people constantly watching each of his/her keystroke. Since almost all of them are giving money to the operator, they expect their work to be done with priority. There is no notion of privacy here. I found the operators to be nice people with exceptional crowd management skills and super work efficiency. I sincerely believe that they deserve better than what they get, atleast in terms of office space.
- Almost all other applicants who had come there, had come with an agent/tout. The tout was handling everything on their behalf. Once you know the process above, it is not all that difficult.
- It was good to see that most of the officers had their name either pinned on their shirts or places on their tables. They also had information on property tax of 1% posted on the office walls. Perhaps, if they can broadcast the list of required documents along with the actual process, it will be a big step.
- I was also thankful that even with all the blatant bribe giving, every table followed the first come first serve policy. So, my application was not thrown at the bottom of the stack. Perhaps, it may be because they had an expectation that i will pay later, but i do not think so. I choose to believe that most of the officials are actually good honest people who really are doing their best given the circumstances.