A sale isn't legally complete just because you've paid and gotten the keys. In India, ownership transfers formally through registration of the sale deed at the local Sub-Registrar's office. Here's what that process actually involves in West Bengal.
1. Drafting the sale deed
The sale deed (or deed of conveyance) is the legal document that transfers ownership from seller to buyer. It records the property description, sale consideration, and the rights being transferred. For a fresh purchase from a developer, this is usually standardized; for resale properties, it's worth having a lawyer review it against the agreement for sale to make sure the terms match.
2. Stamp duty and registration fee
Stamp duty is a state tax paid on the property transaction, and a separate registration fee is paid to record the deed. Both are calculated as a percentage of the property's transaction value or the government-assessed value, whichever is higher — and the applicable rates are revised periodically by the state government, and can vary based on factors like the buyer's gender, property location (urban/rural), and property type. Because these rates change, always confirm the current applicable rate with your advisor or the Sub-Registrar's office rather than relying on an old figure.
3. Document verification
Before registration, it's standard practice to verify:
- The seller's/developer's title to the property (chain of ownership documents)
- An Encumbrance Certificate, confirming the property is free of unpaid loans or legal disputes
- The approved building plan and, for under-construction properties, the RERA registration
- Khatian and property tax receipts (West Bengal–specific land records)
4. Execution at the Sub-Registrar's office
Both parties (or their authorized representatives via Power of Attorney) appear before the Sub-Registrar, along with witnesses, to sign the deed. This typically involves biometric verification and photographs of both parties, after which the deed is registered and a registration number is issued.
5. Mutation of records
Registration transfers legal ownership, but a separate step called mutation updates the local municipal/land revenue records to reflect you as the new owner — this is what determines who receives property tax bills and is important for any future sale. This is a distinct, subsequent step from registration itself, and it's easy for first-time buyers to overlook.
Documents to keep ready
- PAN card and Aadhaar (or passport, for NRI buyers) of all parties
- Passport-size photographs
- Proof of payment for the full consideration amount
- The agreement for sale and, for a home loan purchase, the lender's no-objection/sanction documents
PropZen's advisors coordinate the document checklist and registration appointment for every transaction we're involved in, so this step doesn't fall entirely on you to navigate alone. If you're finalizing a purchase, reach out and we'll walk you through exactly what's needed for your specific project.