Difference Between Sale Deed and Registration 2024

Dear readers, today we will study about the difference between sale deed and registration. Whenever you go to sell or buy your domestic land, you have to face many problems because you do not have knowledge of its process and due to lack of information, many times you get cheated in property matters, so you are requested to keep using our website lawpuzzle.in daily so that you can get complete information related to law.

Whenever any property (land, house or any other immovable property) is bought or sold, paper records play a very important role. It includes two important documents – sale deed and registration. But often people are confused about these words. In this article we will understand in detail what is the difference between both and why both these processes are important in property transactions. Please read till the end –

What is a sale deed?

The sale deed is a legal document that records all the terms and details related to the sale of a property between the seller and the buyer of the property. It is considered the most important document to transfer the “title” of the property.

Key elements of a sale deed

• Seller and buyer details: It contains the full name, address, and identification information of the seller and buyer.
• Property description: Complete details of the property being sold, such as the address, size, and area of ​​the property, etc.
• Property price: It contains the price fixed for the sale of the property and the payment terms.
• Terms and conditions: It clearly states the rights and duties of the seller and the buyer, such as the method of payment, time of possession of the property, and sharing of taxes, etc.
• Seller’s guarantee: The seller guarantees that there is no legal dispute on the property and that he is selling it in a fair manner and has never been sold before.

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What is registration?

Once the sale deed is made, the next step is to give it legal recognition, which we call registration. it is the process through which the sale deed is recorded in the government records. It ensures that the ownership of the property has been legally transferred to the buyer and its record is completely safe with the government.

Key elements of registration:

• Stamp Duty: At the time of it, the buyer also has to pay stamp duty, which is determined based on the value of the property.
• Submission to the Registrar: Both the seller and the buyer have to appear before the local Sub-Registrar and submit the sale deed document and get it registered.
• Verification of Documents: The registrar verifies the documents and ensures that the transaction is valid.
• Registration Number: The registered document is given a unique registration number, which is used in case of any dispute or investigation in the future.

Difference between sale deed and registration

Nature

• The sale deed is considered a legal document that transfers ownership of the property. It is considered a private agreement between the seller and the buyer.
• Registration is a government process in which this deed is recorded in government records to ensure that the ownership of the property is legally transferred to the buyer.

Timing

• The sale deed is prepared at the time of sale of the property.
• Registration is done after preparing the sale deed. It is the process of giving legal recognition to the sale deed.

Legal Status

• The sale deed is only a document and is not considered valid until it is registered.
• Only after registration does that document become legally valid and the ownership of the property is also transferred properly.

Rights

• The sale deed transfers the title of the property from the seller to the buyer, but it is valid only when it is registered.
• Only after registration does the buyer get full legal rights to the property.

Process

• To prepare the sale deed, the help of an experienced lawyer or accountant is taken, who prepares it duly.
• Registration is an official process, in which documents are submitted at the sub-registrar office and stamp duty is also paid.

Importance of Sale Deed and Registration

Importance of Sale Deed

• Proof of ownership: It proves that the ownership of the property has been legally transferred to the buyer.
• Property rights: The seller no longer has any claim on the property and the buyer becomes the full owner of the property.
• Legal protection: It ensures that the property has been sold by the seller and it also extinguishes the rights of the seller.

Importance of registration

• Legal validity: Only after it, the sale deed gets legal validity and can be produced as evidence in the court.
• Avoid disputes: Without it, the seller or any other person can reclaim the property, which can also lead to disputes.
• Record of property: it records the property details in the government records, which benefits the buyer in any kind of legal dispute in the future.

Conclusion

Both sale deed and registration play an important role in buying and selling property, but their purpose and legal significance are different. Sale deed is a document in which the seller transfers the ownership of his property to the buyer. This document clarifies all the terms and details of the property deal, such as the price of the property, title and other necessary information.

On the other hand, registration is very important to give legal recognition to the sale deed. Without registration, the sale deed is not legally valid and is not a solid proof of ownership of the property. Registration records the transfer of property in government records, so that there is no dispute over the ownership of the property in future.

So, it is very important to understand that the ownership of the property actually passes to the buyer only when the sale deed is ready and the process of registration is complete. Both the processes together provide the buyer with legal protection and rights over the property.