A sale deed must be filed at the sub-registrar’s office. You get four months from the day it is signed. That deadline is Section 23 of the Registration Act, 1908. Miss it and you need the Registrar’s leave to file late.
This is not optional. Section 17 of the same Act covers the sale of land or a flat worth ₹100 or more. Such a deed must be registered. An unregistered sale deed does not pass title. Nor can you rely on it as proof in most courts.
What does the law actually require?
| Rule | What it says | Applies to | Statutory source |
|---|---|---|---|
| Compulsory registration | Instruments transferring immovable property of ₹100 or more must be registered | Sale deeds, gift deeds, most leases over a year | Registration Act, 1908, Section 17 |
| Time to present | Within four months of execution | Every compulsorily registrable document | Registration Act, 1908, Section 23 |
| Delay condonation | Up to four further months, on payment of a fine up to ten times the proper registration fee | Delay from urgent necessity or unavoidable accident | Registration Act, 1908, Section 25 |
| Photographs and fingerprints | Parties presenting the document must give passport photos and fingerprints | Transfers of immovable property | Registration Act, 1908, Section 32A |
| TDS on the purchase | 1% of consideration, deducted by the buyer | Consideration of ₹50,00,000 or more | Income Tax Act, Section 194-IA |
| Stamp duty | Rate and rules set by each state | Every registrable instrument | State stamp legislation |
What are the steps, in order?
| # | Item | Details |
|---|---|---|
| 1 | Verify the title and the encumbrance. | Do this before any money moves. See our property legal checklist. |
| 2 | Draft the sale deed. | It must describe the property, the parties, the consideration and the schedule accurately. |
| 3 | Compute and pay the stamp duty. | Rates and the valuation basis are state matters. Most states value against a circle rate or ready reckoner rate, whichever is higher than the consideration. |
| 4 | Deduct TDS if the consideration is ₹50,00,000 or more. | The buyer deducts 1% under Section 194-IA and files Form 26QB. See TDS on property sale. |
| 5 | Book the sub-registrar appointment. | Most states now allow online slots on the state registration department portal. |
| 6 | Attend in person with witnesses. | Buyer, seller and two witnesses attend. Photographs and fingerprints are captured under Section 32A. |
| 7 | Present within four months of execution. | The clock runs from the date the deed is signed, not from the agreement date. |
| 8 | Collect the registered deed | and then apply for mutation in the local revenue or municipal records. |
What documents do you need to carry?
- The executed sale deed, on the correct stamp value
- Proof of stamp duty payment and the registration fee receipt
- PAN of buyer and seller, and Aadhaar for identification
- Passport-size photographs of both parties and the witnesses
- The prior title deed or chain of documents
- Encumbrance certificate for the period the state requires
- Approved building plan and occupancy certificate, for a constructed property
- Latest property tax receipts and utility clearances
- Form 26QB challan where TDS under Section 194-IA applies
- No-objection certificates where the state or society requires them
State portals publish their own list. Follow that list. A missing paper means a new date, not a fix at the counter.
What happens if you register late?
Section 25 gives you one escape. The delay must come from urgent need, or from an accident you could not avoid. It must not run beyond four more months. The Registrar may then take the deed. The price is a fine of up to ten times the proper fee.
After that there is no easy route left. You would have to sue for specific performance. That is slow and the result is not certain. So treat the four months as hard.
The thing nobody tells buyers about registration
Filing a deed records a deal. It does not prove you own the land. India works on presumed title, not proven title. The sub-registrar does not check whether the seller owned it.
So a filed deed shows a document was signed and recorded. It does not stop a third party claiming an older right. That is why the title search, the encumbrance certificate and the chain of past deeds matter more than the appointment.
Two more warnings. Filing at a value below the circle rate can create a tax bill for both sides. The gap is treated as income. And the value you file at is the base for your future capital gains. See circle rate vs market rate and hidden costs of buying.
Frequently asked questions
How long does property registration take?
The visit itself takes a few hours. The deed comes back in days or weeks, depending on the state. The rule that binds you runs the other way. You must present the deed within four months of signing, under Section 23.
Can property be registered without the seller present?
Only through a power of attorney that is itself signed and filed. Section 32A needs photos and prints of the person who files the deed. Many states look hard at power of attorney deals.
How much is stamp duty and registration fee?
Stamp duty is set by each state. Rates differ by state, and often by the buyer’s gender and the type of property. We do not print one figure, because it would be wrong in most states. Check your state portal, or use the stamp duty calculator.
Is mutation the same as registration?
No. Filing records the transfer deed. Mutation updates the local records to show who pays the property tax. You need both. Mutation is not proof of title either.
Do I need to register a rent agreement?
A lease from year to year, or for more than one year, falls under Section 17. It must be registered. That is why so many rent deeds run for eleven months. See rent agreement.
Sources
- The Registration Act, 1908, Sections 17, 23, 25 and 32A. indiacode.nic.in
- Income Tax Act, 1961, Section 194-IA — 1% TDS where consideration is ₹50,00,000 or more. incometaxindia.gov.in
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