A sale of immovable property in West Bengal is completed by a registered deed, not by payment and possession alone. Section 54 of the Transfer of Property Act 1882 requires a sale of immovable property of the value of one hundred rupees and upwards to be made only by a registered instrument, and Section 17 of the Registration Act 1908 makes registration of such a deed compulsory. The process runs from the agreement to sell, through the title search and the draft deed and the purchase of the stamp, to the appointment at the sub-registrar, the formalities of execution, the payment of the fee, the endorsed deed and the mutation that follows.
Handled in order, the steps below leave you with a deed the bank, the municipality and a court will accept.
When this matters
This applies to a sale of land or a flat, between individuals or from a promoter, in Kolkata and elsewhere in West Bengal. It also applies where a sale is being completed by an attorney-holder, where the property was inherited and the heirs are selling, and where a bank is funding the purchase and will hold the original deed as security.
Step by step
1. The agreement to sell
The parties record the terms in an agreement to sell: the property by dag and khatian and boundaries, the consideration, the advance, the balance and its schedule, the date for completion, and the consequences of default on either side. Where the sale is of an apartment in a project, the agreement for sale must carry the particulars required by Section 13 of the RERA 2016 and is registered in the project. Read the agreement as the document that will be produced in evidence if the sale is not completed.
2. The title search
Before the deed is drafted, the seller's title is searched through a chain of at least thirty years, from the mother deed to the present owner. The search covers the deeds, the record of rights and the plot information, the municipal and land tax receipts, the encumbrance position and, in a flat, the society's no-dues certificate. A sale of inherited property needs the devolution papers — the death certificate, the succession certificate or the will, and the consent of the heirs.
3. The draft deed and the purchase of the stamp
The conveyance is drafted with the recitals of title, the description of the property, the consideration and its receipt, and the covenants of title and quiet enjoyment. The stamp paper, or the electronic stamp, is purchased in the name of the party liable to bear the duty, which for a sale is ordinarily the purchaser. Stamp duty and the registration fee are as prescribed by the West Bengal schedule; the amounts change with the state's rates and should be confirmed at the time of purchase.
4. The appointment at the sub-registrar
Registration is done at the office of the sub-registrar within whose jurisdiction the property lies, under the Registration Act 1908. An appointment is booked in advance on the registration portal, and the parties attend on the appointed date with the original papers. Presenting a document in the wrong office is a defect that has to be cured.
5. The parties' presence and the witnesses
The executant and the claimant — the seller and the buyer — attend in person, and two witnesses attend and sign. The witnesses must be competent and known to the parties, and their identity proof is recorded. Where a party cannot attend, a holder of a duly executed power of attorney presents the document, and the authority of the attorney is examined by the office.
6. The biometric and photograph formalities
At the counter the parties give their thumb impression and have their photograph taken, and the deed is signed and each page initialled. Identity documents such as Aadhaar and PAN are produced, along with the passport-size photographs the office requires. These formalities establish that the persons before the officer are the persons named in the deed.
7. The payment of the registration fee
The registration fee prescribed by the state schedule is paid at the office, and the stamp already affixed is checked. Any shortfall in stamp duty is a defect that can lead to impounding of the document. Where the stamp was purchased earlier, the original receipt is produced.
8. The endorsed deed and the delivery
Once the formalities are complete the deed is registered, endorsed with the registration number and the date, and the original is returned to the party entitled to it. Collect the certified copy of the registered deed and the index of registration, and keep the original safely — where a bank holds it as security, keep the certified copy and the index with you.
9. The mutation that follows
Registration transfers the title, but the revenue record still shows the seller until mutation is done. Apply under Section 50 of the West Bengal Land Reforms Act 1955 to the Block Land and Land Reforms Officer to record the transfer in the record of rights, and have the municipal assessment and the tax records changed to your name. Our property registration desk handles the deed, the registration and the mutation together, and the property registration formats page carries the drafts used.
Documents to attach
- Original title deeds of the seller, and the chain of title.
- Record of rights and plot information for the property.
- Municipal and land tax receipts, up to date.
- Encumbrance certificate.
- Identity proof and photographs of the parties and the witnesses.
- Power of attorney, where a party acts through an agent.
- Death certificate, succession certificate or will and consents, for inherited property.
- Society no-objection and no-dues certificate, for a flat.
- Stamp receipt and the prescribed registration fee.
Timelines and limitation
A registered deed should be presented for registration within the period the Registration Act 1908 allows, and an instrument presented late requires the leave of the registrar and attracts the prescribed fine; the period should not be allowed to lapse. Separately, a suit to enforce a contract of sale, or to set aside a fraudulent deed, is governed by the Limitation Act 1963 and should be filed within the period it prescribes for the particular relief.
Common mistakes
- Completing the sale on an unregistered agreement and believing the title has passed.
- Under-valuing the consideration to reduce the stamp, which exposes the deed to impounding and a penalty.
- Registering in the wrong sub-registrar's office.
- Proceeding without two competent witnesses, or with witnesses who cannot be traced later.
- Neglecting mutation, so the revenue record continues to show the seller.
- Relying on a general power of attorney that a later bank or buyer refuses to accept.
Keep the registered original, or the certified copy and the index, together with the mutation order and the tax receipts. For the drafts used at each stage see the property registration formats page, and for a question on your own deed use our contact desk.
Common questions
What is the stamp duty on a sale deed in West Bengal?
It is as prescribed by the West Bengal schedule, and the rate depends on the nature of the property and the applicable state rates at the time. Confirm the current figure at the sub-registrar's office or through the registration portal before purchasing the stamp.
Can the buyer and seller register without being present?
No. The executant and the claimant attend in person for the thumb impression and photograph unless a party acts through a holder of a duly executed power of attorney, whose authority the office examines.
Is an unregistered sale deed valid?
For immovable property of the value the law prescribes, a sale without a registered instrument does not pass title, and the document is not admissible for the purpose of the transfer. Registration is what completes the sale.
How soon should I apply for mutation after registration?
Apply without delay, because until the record of rights shows you as the holder the revenue record and the tax assessment remain in the seller's name, and a later sale or loan is delayed. Carry the registered deed, the tax receipts and your identity proof.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.