NATIONAL ISSUES CONCERNING STAMPS & REGISTRATION DEPARTMENT AND REVENUE DEPARTMENT IN VARIOUS STATES IN INDIA
I– Manual (Handwritten) Non Encumbrance Certificates are still issued in
- a) Assam
- b) Bihar
- c) Chattisgarh
- d) Delhi
- e) Haryana
- f) Himachal Pradesh
- g) Jharkhand
- h) Madhya Pradesh
- i) Punjab
- j) Uttar Pradesh
Computerised Non Encumbrance Certificates are issued by the Registration Department only in the following 7 States in India with corresponding period of Computerisation of records
- Andhra Pradesh 7 Telangana (01.01.1980 onwards)
- TamilNadu (01.01.1987 onwards)
- Karnataka (01.04.2004 onwards)
- Kerala (01.01.1992 onwards)
- Gujarat (01.04.1994 onwards)
- Orissa (May 2010 onwards)
Moreover the States of Maharashra, Rajasthan and West Bengal Governments do not issue Non Encumbrance Certificates.
(Note: Non Encumbrance Certificates are extracts issued by the concerned State Registration Department highlighting the various transactions which have taken place over a piece of Property)
II- Scanning of documents presented for registration is still not done in the States of
- Chattisgarh
- Delhi (UT)
- Haryana
- Himachal Pradesh
- Madhya Pradesh
- Kerala
- Punjab
- Rajasthan
- Uttar Pradesh
(Note: Scanning of sale deed documents presented for registration will help in clearly ascertaining the genuineness of any title deed documents once when certified copy is subsequently applied)
III - Online Verification of land records can’t be still verified in
- Assam
- Delhi
- Kerala
IV – States/UT which give concession in stamp duty for purchase of Properties in the name of females:
- Assam – 1%
- Rajasthan – 1% (2% for SC/ST ladies)
- Uttar Pradesh – 1%
- Delhi (UT) – 2%
- Haryana – 2%
- Himachal Pradesh – 2%
- Punjab - 2%
- Puducherry - 5% (Provided the Property should not be transferred again
within the next 5 years)
V – Digital Photographs and Digital Signatures of Parties to a document are still not taken by the Government Department in the following States:
- Chattisgarh
- Madhya Pradesh
- Kerala
VI – Online eSearch of Property records is available only in the following States in India
- Andhra Pradesh
- Telangana
- Maharashtra
- Tamil Nadu
- Jharkhand
- West Bengal
VII – Online Appointment Booking facility is available in the Stamps & Registration Department only in the following States in India
- Andhra Pradesh
- Telangana
- Maharashtra
- Tamil Nadu
VIII- Compulsory registration of Memorandum of Deposit of Title Deeds/Agreement relating to Deposit of Title Deeds with the records of Sub Registrar Office in the following States:
- Tamil Nadu
- Gujarat
- Maharashtra
- Madhya Pradesh
IX- Optional registration of Memorandum of Deposit of Title Deeds/Agreement relating to Deposit of Title Deeds with the records of Sub Registrar Office in the following States:
- Andhra Pradesh
- Telangana
- Karnataka
- Kerala
- Bihar
- Himachal Pradesh
- Rajasthan
- Uttar Pradesh
- Puducherry (UT)
X- Affixing of Property Photos in Sale Deed Documents is done only in the following States:
- Madhya Pradesh
- Gujarat
- Uttar Pradesh
- Andhra Pradesh
XI - States/UT all over India with high and low stamp duty and registration fees for Sale
Deed
A – State/UT having lowest Stamp Duty for Sale Deed
- Haryana -3% for Property Purchased in the name of females in rural area
- Rajasthan – 3.3% for Property purchased in the name of SC/ST females and
4.4% for Property purchased in the name of females other than
SC/ST
- Delhi (UT) – 4% for Property Purchased only in the name of females
- Uttar Pradesh – 4% for Property Purchased in the name of females in rural area
- Telangana – 4% (no Gender or area discrimination)
- Jharkhand – 4% (However registration fees - 3%)
- Maharashtra – 4% (for rural area Property) & 5 % (for municipal areas)
(includes surcharge of 1%)
- Gujarat – 4.9% (no Gender or area discrimination)
- Odisha, AP & MP - 5%
B – State/UT having highest Stamp duty for Sale Deed all over India
- Puducherry (UT) – 10% - Property purchased by men
- Punjab – 9% - Property Purchased by men in Urban areas
- Assam – 8% - Property Purchased by men
- Bihar – 8% - Property Purchased in Urban areas
- Chhattisgarh – 7.5%
- Tamil Nadu – 7%
- Haryana – 7% - Property Purchased by men in Urban areas
- West Bengal – 7% - Property purchased in Corporation/Municipal areas
exceeding Rs.40 lakhs in value
C- State/UT having lowest Registration fees for Sale Deed all over India
- Uttar Pradesh – Rs.10,000/- (Max upper ceiling limit)
- Haryana - Rs.15,000/- (Max upper ceiling limit)
- Himachal Pradesh - Rs.25,000/-(Max upper ceiling limit)
- Maharashtra - Rs.30,000/- (Max upper ceiling limit)
- Telangana - 0.5% on Government estimated market value
- Puducherry (UT) - 0.5% on guideline value
- Madhya Pradesh - 0.8% on market value
D- State having highest Registration fees for Sale Deed all over India
- Assam - 5 % on Market Value (for men) and 3% (for ladies)
- Jharkhand - 3% on Market Value
- Kerala, Odisha & Bihar - 2% on Market Value
XII- Unique systems followed in certain states
- In odisha, land is commonly measured by the term `Decimal’. However in Bhubaneshwar area, 1 Acre = 1000 Decimals but whereas in Cuttack area, 1 Acre = 100 Decimals
- In West Bengal, there is no separate stamps and registration department. Directorate of Registration and Stamps comes within the purview of Finance Department
- In West Bengal, Encumbrance Certificates are not issued and despite this they allow a Property to be registered within the Jurisdictional limits of a Sub Registrar office, District Registrar office and Additional Registrar of Assurances in Kolkatta. Hence a Property situated any where in the State of West Bengal can also be registered in the office of the Additional Registrar of Assurance in Kolkatta and this practice is not followed in any other state in India
- In Puducherry, an excellent system for noting the subsequent registered document numbers in the previous preceeding parent documents for easy tracking the chain of title link is in force
- Mee Sewa Centres in Andhra Pradesh issues Encumbrance Certificates and Pahani/Adangal Extracts. Likewise Suvidha Centres in Punjab issues Jamabandi
- Previous Permission of the District Collector is required in the States of Odisha, Uttar Pradesh, Maharashtra and Jharkhand for the Sale on any land belonging to a Schedule Caste/Schedule Tribe Person to any General Class Person
- In Madhya Pradesh, a Power of Attorney document is valid only for a period of one year from the date of its issuance.