REGISTRATION, EXCISE & PROHIBITION …udyog.bihar.gov.in/All_in_one_doc_file/Draft Guidebook...

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REGISTRATION, EXCISE & PROHIBITION DEPARTMENT, GOVT. OF BIHAR

Transcript of REGISTRATION, EXCISE & PROHIBITION …udyog.bihar.gov.in/All_in_one_doc_file/Draft Guidebook...

REGISTRATION, EXCISE & PROHIBITION DEPARTMENT, GOVT. OF BIHAR

Process for registration of property in the State

Introduction

Name of Service Process for registration of property in the State

Authority/Department Registration, Excise & Prohibition Department

Regulatory Framework The Bihar Stamp (Prevention of under Valuation of Instruments)Amendment Rules, 2013

Registration (Bihar Amendment) Act, 2010 an Act to Amend TheRegistration Act, 1908

Bihar Stamp (Amendment) Rules, 2008 Bihar Registration Rules 2008 Bihar Registration Service Rules 2008 Bihar Tenancy Rules, 2004 Deed Writer's Licensing Rules 1996 MVR Rules, 2006 The Indian Stamp (Bihar Amendment) Act, 1991 Registration (Bihar Amendment) Act, 1991

Service Condition (i.e.Who requires thisservice?)

Any business/ industries that plan to set up a business/ industry and need toregister the property for setting up the same.

Application Method Manual

List of prescribeddocuments to besubmitted

To be furnished along with the application form Letter from the Lender (institution/bank) requiring Non Encumbrance

Certificate stating the details of Land/property including Mauja, Khata &Khesra No.( optional)

Acknowledgment receipt (issued under section 52, clause (b) ofregistration act) to be produced by the applicant or his duly authorizedrepresentative.

Other supporting documents One copy of the sale purchase agreement, on stamp paper; Certified true copy of the Resolution of the Board of Directors’ of both

seller and buyer (not always required); Certified true copies of the Certificate of Incorporation of both seller and

buyer (not always required). Identity proof of both buyer and seller A photocopy of income tax Permanent Account Number (PAN) of both

buyer and seller.Other than the above mentioned requirements, the following documents arealso required for registration of land or property in Bihar under variouscircumstancesIn case of Partitiona. Deed (original),b. Challan (citizen copy) – Form 1 Appendix A of BRR (Annexure 1a),c. Form 4 U/S 4(1) of Bihar Stamp Rules 1995 (Annexure 1b),d. Photocopy of identity proof of one of the identifier U/S 12 of BRRIn case of settlementa. Deed (original),b. Challan (citizen copy) – Form 1 Appendix A of BRR (Annexure 1a),c. Declaration U/S 16 of the BLR (FCA & ASL) Act, 1961 (in case of leases

also),

d. Photocopy of identity proof of one of the identifier U/S 12 of BRRIn case of mortgage leasea. Deed (original),b. Challan (citizen copy) – Form 1 Appendix A of BRR (Annexure 1a),c. Declaration U/S 16 of the BLR (FCA & ASL) Act, 1961 (in case of leases

also),d. Photocopy of identity proof of one of the identifier U/S 12 of BRR,In case of sale, Gift or exchangea. Deed (original),b. Challan (citizen copy) – Form 1 Appendix A of BRR (Annexure 1a),c. Map of the Plot,d. Form 4 U/S 4(1) of Bihar Stamp Rules 1995 (Annexure 1b),e. Form 13 U/S 15 of Bihar Tenancy Act 1885 (Annexure 1c),f. Declaration U/S 16 of the BLR (FCA & ASL) Act, 1961 (in case of leases

also)In Case of all other types of deedsa. Deed (original),b. Challan (citizen copy) – Form 1 Appendix A of BRR (Annexure 1a),c. Photocopy of identity proof of one of the identifier U/S 12 of BRR

Application ProcessingFee (if any) and Mode ofPaymentApplication to besubmitted at: (Manualapplication)

38 District Registrars and 123 District Sub-Registrar/ Sub-Registrarsresponsible for each of the 123 sub registrar’s office

Key ApprovingAuthority

38 District Registrars and 123 District Sub-Registrar/ Sub-Registrarsresponsible for each of the 123 sub registrar’s office

Whether priorinspection is requiredfor this approval

No

Prescribed Timeline forservice delivery (fromdate of application)

Non-Encumbrance Certificatea. From computerized records: 3 daysb. Search in the bound volumes (up to 3 years): 7 daysc. Search in the bound volumes (more than 3 years): 14 days

Delivery of Registered Documents: 5 days Registration/ disposal of documents presented: Same day of presentation

of documents Search & Copy Work: 7 days

Application and approval procedure

a. Overall Process for registering property

Check for encumbrances at the office of the Sub-registrar's

Application for Registration in Form 2, AppendixE of Bihar Registration Rules (BRR)

Not Solved

The final sale deed is prepared by the buyer or hislawyer (Private)

Buyer and the seller present documents to the Subregistrar’s Office, in accordance with Section 32 of

the Registration Act (1908)

QueriesNot Solved

Scanning of the deed, Serial number and deednumber of the registered document is provided to

the applicant

Applicationclosed

Solved

Scrutiny of the documents submitted

Pay the stamp duty at the State Treasury andobtain stamp paper (State)

Queries Applicationclosed

Reader indicates the registration fee required onthe document itself

Solved

Applicant pays the registration fees

Final sale deed is registered

Submitting final sale deed to the reader in the Sub-registrar office along with supporting documents

Scrutiny of the Documents

b. Process of registering Final Sale Deed within the department:

For registering a final sale deed, the Registration department uses SCORE-2 system for online capturing of details of a

deed, witnesses, auto-valuation of the property based on the Minimum Value Register (MVR), auto-calculation of the

required stamp duty, additional stamp duty, registration and other fees, photo captures of parties, identifier, fingerprints

capture of parties and witnesses, generation and printing of all endorsements, receipt, memo of presentation and final

registration endorsement in Hindi (please see the process flow of SCORE below). The scanning of the deed is done to

mark the completion of the registration process. Every deed bears a unique token number which is a combination of a

serial number and year. All registered deeds are allotted running serial numbers and book wise deed numbers.