Due to the frequently changing rules and regulations of land registration, Generally NRI people were confused.. A regulation change, last year, made it a requirement for the buyer and seller to be present at the registration office for the transaction and affix photo and finger print.
For Non resident Indians registration they need to send the power (GPA) to his family members or others to get the document registered in their name through a power of attorney, this power attorney stamp charge is normal for to direct blood relative and for others stamp charge is high, in this case also buyer and seller must produce their thump impression and photo at the time of registration, it can be sent through email or fax.
How NRI buying land without personally appearing:
Step 1: Find the fair value / Govt value for the property. Mostly the broker can find this information for you. Your registration price must be above this value.
Step 2: Buy Stamp Duty Paper for the registration price. Stamp paper could be bought from vendors or local Govt treasury.
Step 3: Mail One Stamp Duty Paper (of the highest value is preferred, if there are multiple) to the NRI who is involved.
Step 4: every NRI need to paste a PASSPORT SIZE PHOTO on the Stamp Duty Paper and place the LEFT THUMP IMPRESSION (left thump finger print) on the appropriate place. THUMP IMPRESSION must be overlapping the photo and stamp paper. The seller’s photo must be pasted immediately after the logo on the stamp paper the buyer’s photo must be pasted immediately after the seller’s photo.
Step 5: Attach attested/notarized copies of identity and address proof and documents to prove the NRI status. Identity proof can be passport first page. Foreign Address proof can be employment letter and NRI status proof could be copy of visa.
Caution: Double check with the local registration office, what documents do they accept.
Step 6: The NRIs representative can be present with the above stamp paper and documents to execute the registration and It is advisable to double check the process directly with someone in the specific registration office in advance.
There is a risk involved in sending a blank stamp paper(the details are written usualy at the time of registration) with finger print. Some else getting hold of it might cause big troubles and long legal battle. I think the initial rule (requirement for physical presence) was made without enough thinking and later they bend it to accommodate NRIs.
Also it is possible to find this information from a vendor agency/individual who has experience with the specific registration office where the transaction will be registered.
Basic information for Land/Property Registration:
Generally Land / Property Registration refer to the registration to document changes in ownership and transactions involving immovable property. Whenever you buy a piece of land/immovable property, you need to register the same with the authority concerned, so that a legal ownership title is guaranteed to you. This greatly reduces risk of fraud and helps solve disputes easily, in addition to creating and maintaining an up-to-date public record.
Needs to Do to Register Land/Property:
Under the computerized Land and Property Registration system, registration is easy. It facilitates transparency in valuation and eliminates third party interaction. Some states require an application to be submitted to the concerned authority, which may be the Sub-Registrar or the SDM of your area. The application form can either be downloaded online or obtained from the concerned authority's office. After due verification of details, the Deed is drawn up and the registration process is complete.
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