Registration, deeds, and title documentation — the paperwork that turns a property into a
provable one, across residential, commercial, industrial, and agricultural land.
Governing law
Registration Act, 1908 · Transfer of Property Act, 1882
Property transactions in India hinge on the title chain and its registration, not the
signed deed alone. Under Section 17 of the Registration Act, 1908, a sale deed for
immovable property above the statutory value threshold has to be registered to transfer
title effectively — an unregistered deed generally cannot be used to prove ownership,
whatever the parties intended.
The way this usually goes wrong is at the diligence stage, not the drafting stage. A buyer
skips a proper title and encumbrance search, or the parties execute the deed but never
follow through on mutation in the local municipal or revenue records — so the property
stays legally theirs but administratively still shows the previous owner, creating real
problems the next time the property is sold, mortgaged, or taxed.
Qalve's approach starts before drafting: a title search and encumbrance review against the
Sub-Registrar's records, so the sale, gift, or lease deed that gets drafted reflects what
was actually verified — not what the seller represented. For agricultural and tenanted
land specifically, this is read alongside the West Bengal Land Reforms Act, 1955, where
ceiling and tenancy restrictions can affect what's actually transferable.
For NRIs and OCIs, property matters are coordinated with FEMA's residential-property rules
under Cross-Border Trade & Advisory
— including what can and cannot be purchased without RBI approval, and repatriation of
sale proceeds.
Scope of advisory
What this covers
Transaction Documentation
Sale, gift & lease deeds — drafted to match exactly what was verified in due diligence.
Agreements to sell — conditions, timelines, and default remedies set out before any deed is executed.
Powers of attorney — general or special, for transactions handled remotely or by a representative.
Title & Due Diligence
Title search & encumbrance certificate review — the record of every registered charge against the property.
Chain-of-title verification — tracing ownership back through prior transactions.
Litigation & lien checks — before, not after, a transaction closes.
Registration & Mutation
Stamp duty computation — assessed against the applicable state schedule.
Deed registration — at the Sub-Registrar's office with jurisdiction over the property.
Post-sale mutation — updating municipal or revenue records so ownership is provable, not just registered.
Land-Use & Regulatory
Land-use conversion — agricultural to non-agricultural, where a project requires it.
RERA compliance — for developers and promoters marketing residential or commercial projects.
Tenancy & ceiling issues — under the West Bengal Land Reforms Act, 1955, for agricultural holdings.
§ Governing framework
The statutes this is argued from
Primary statute
Transfer of Property Act, 1882
Registration requirement
Section 17, Registration Act, 1908
Stamp duty
Indian Stamp Act, 1899 + applicable state stamp schedule
Agricultural & tenancy land
West Bengal Land Reforms Act, 1955
Developer/project regulation
Real Estate (Regulation and Development) Act, 2016 (RERA)
Regulator
Office of the Sub-Registrar · State RERA Authority
§ Process
How we work
01
Verify
Title search, encumbrance certificate, and litigation checks before a rupee changes hands.
02
Document
Sale, gift, or lease deed drafted to match exactly what was verified — not a generic format.
03
Register
Stamp duty computed and the deed registered at the Sub-Registrar's office.
04
Mutate
Property record updated in municipal or revenue records, so ownership is provable, not just registered.
§ Who this serves
Client archetypes
Buyers & sellers
Of residential or commercial property, needing diligence and documentation done properly the first time.
NRIs & OCIs
Purchasing or inheriting Indian property remotely, coordinated with FEMA's residential-property rules.
Developers
Needing RERA-compliant documentation for a residential or commercial project.
Families with agricultural land
Navigating tenancy and ceiling restrictions under state land reform law.
Is a sale agreement the same as a sale deed?
No. An agreement to sell is a promise to transfer property in the future, subject to conditions — it doesn't by itself transfer ownership. A sale deed is the actual instrument of transfer, and for immovable property valued above the statutory threshold, it must be registered under Section 17 of the Registration Act, 1908 to be legally effective and admissible.
What is an encumbrance certificate and why does it matter?
It's a record, issued by the Sub-Registrar's office, of every registered transaction against a property over a chosen period — mortgages, prior sales, and other charges. It's one of the main ways a buyer can confirm a seller's title is actually clear before money changes hands, alongside a chain-of-title and pending-litigation check.
Can an NRI buy any property in India?
Under FEMA, an NRI or OCI can generally buy residential and commercial property in India without RBI approval, but cannot buy agricultural land, plantation property, or a farmhouse — those can typically only be acquired by inheritance or gift from a person qualified to hold them, not by direct purchase.
What happens if a property is never mutated after purchase?
Ownership itself doesn't depend on mutation — that comes from the registered deed. But an un-mutated property keeps generating tax notices and correspondence in the previous owner's name, and it becomes a real obstacle later, when selling, mortgaging, or applying for utility connections requires the revenue records to actually reflect who owns the property now.
Do I need to check RERA registration before buying a flat under construction?
Yes. Under the Real Estate (Regulation and Development) Act, 2016, most residential and commercial projects above a threshold size must be registered with the state RERA authority before being marketed or sold. Checking the project's RERA registration number is one of the simplest due-diligence steps a buyer can take before booking.