“Sale” defined.- ―Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised.

Sale Deeds relating to immovable property need compulsorly registration

Documents required for Sale deed

• Identity Proof of seller, purchaser and witnesses.
• Residence Proof of seller, purchaser and witnesses.
• Ownership proof of property
• No due certificate for urban property
• No objection certificate for urban property
• Pan card of seller and purchaser if the transaction upto five lac.
• Two passport size photographs of seller and purchaser.
• Power of attorney/special power of attorney registered by Sub-Registrar (if applicable). Stamp duty, Registration Fee, Computer Fee, Pasting Fee in Punjab:-

i. Stamp duty for urban property :- For women purchaser: 4% of total consideration
For Men : 6%
Joint: 5%
Registration Fee: 2.25% of total consideration
Computer fee: 1 lac to 10 lac value : Rs. 1,000/-
Above 10 lac to 30 lac : Rs. 3,000/-
Above 30 lac : Rs. 5,000/-
Pasting Fee (Per document) : Rs. 200/-

ii. Stamp duty for rular property :- For women purchaser : 4% of total consideration
For Men : 6%
Joint : 5%
Registration fee: 2% of Total Consideration
Computer fee: 1 lac to 10 lac value : Rs. 1,000/-
Above 10 lac to 30 lac : Rs. 3,000/-
Above 30 lac : Rs. 5,000/-
Pasting Fee : Rs. 100/-
Mutation fee :Rs. 300/-

When a document is presented for registration language unknown to registering officer, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy, shall be filed in the registration office. The translation shall be treated as if it were the original.

Documents relating to transactions of immovable property are required to be compulsorily registered. Payment of requisite stamp duty completes the registration of documents. It is a type of tax that is paid for the transaction performed by way of document or instrument under provisions of the Indian Stamp Act, 1899. It is payable on instruments and not on transactions. The payment of proper stamp duty on instruments bestows legality on them. Such instruments get evidentiary value and are admitted in evidence in courts of law.

The stamps have to be purchased in the name of one of the executors to the instrument. Registration Act, 1908 Registration of documents is done under provisions of the Registration Act, 1908. The main purpose of designing the Act was to ensure information about all deals concerning land, so that correct land records could be maintained. The Act is used for proper recording of transactions relating to other immovable property also.

The document should be submitted for registration within four months from the date of execution. If several persons are executing the document at different times, it may be presented for registration within four months from the date of each execution.

Documents relating to immovable property registered in the office of the Sub-Registrar of within which the property is situated. All persons executing the document or their rep-resentatives, or agents holding power of attorney, must appear before the registering officer. They have to admit execution and sign the document in the presence of the Registrar. Their fingerprints of each buyer and seller of such property has to be affixed to the document. These documents are authenticated by the Registering Officer and admit execution of documents, registration fee is paid, and documents are registered. After registration, the document will be returned to the person who presented the document and the duplicate pasted in registers maintained by the Sub-Registrar for official records. If a document which is required to be registered under Section 17 or under provisions of Transfer of Property Act, 1882 is not registered, the effect is that such an unregistered document does not affect any immovable property comprised therein, and cannot be received as evidence of any transaction affecting such property. Thus, the document becomes redundant and useless for all practical purposes.

Purchase of the requisite amount of stamp paper (if required) as stipulated by the stamp duties (Appendix III). For small values (uptoRs20,000) the requisite stamp paper can be purchased from an authorised stamp vendor. For larger amounts, the purchasing party has to deposit the amount needed in the concerned bank and collect the certificate of stamp duty.

A licensed deed writer, a lawyer or an advocate can write out the document. It has to be printed on either the stamp paper or on ordinary paper, as stipulated. The last step involves going to the office of the concerned Sub-Registrar and getting the document registered. After this, the document becomes legal and has standing in a court of law.

Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised. Such transfer, in the case of immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion or other, can be made only by a registered instrument. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property under The Transfer of Property Act, 1882.