REGISTERING PROPERTY QUESTIONNAIRE New Delhi www.doingbusiness.org Dear Contributor, We would like to thank you for your participation in the Doing Business project. Your expertise in the area of Registering Property in Delhi is essential to the success of the Doing Business report, one of the flagship publications of the World Bank Group that benchmarks business regulations in 190 economies worldwide. The Registering Property indicator, which measures the quality and efficiency of land administration, is one of the 11 indicator sets published by the Doing Business report. The report attracts much attention around the world. The latest edition, Doing Business 2017: Equal Opportunity for All, introduced improvements in the Paying Taxes and Protecting Minority Investors indicators, and included a gender component in 3 of 11 Doing Business indicator sets. It received over 7,000 media citations within just a week of its publication on October 25, 2016 and the report was downloaded almost 40,000 times within that same period. A record 137 economies implemented a total of 283 reforms. Low and middle income countries carried out more than 75% of these reforms, with Sub-Saharan Africa accounting for 80 of them. Governments worldwide read the report with interest every year, and your contribution makes it possible for the Doing Business project to disseminate the regulatory best practices that continue to inspire their regulatory reform efforts. Since 2010, 101 economies have implemented 157 reforms making it easier to transfer property. In 2015/16, 22 economies implemented reforms such as digitizing land records, integrating electronic platforms, introducing expedited procedures and improving the reliability and transparency of the land administration system. We are honored to be able to count on your expertise for Doing Business 2018. Please do the following in completing the questionnaire: Review the assumptions of the case study before updating last year s information in the questionnaire. Describe in detail any reform that has affected the process of transferring a property since June 1, 2016. Please pay special attention to the questions on the overall quality of the land administration systems and to the research questions at the end of the questionnaire. Be sure to update your name and address if necessary, so that we can mail you a complimentary copy of the report. Kindly return the questionnaire to dbregisteringproperty@worldbank.org. We thank you again for your invaluable contribution to the work of the World Bank Group. Sincerely, Ms. Laura Diniz Mr. Albert gues Comas Mr. Yuriy Avramov Tel: +60 32263-4920 Tel: +1 202 473-8374 Tel: +1 202 458 0530 Fax: (202) 473-5758 Fax: (202) 473-5758 Fax: (202) 473-5758 Email: dbregisteringproperty@worldbank.org
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1. CASE STUDY ASSUMPTIONS The Registering Property indicator records the full sequence of procedures necessary for a business to purchase a property from another business and to transfer the property title to the buyer's name. In addition, it measures the overall quality of the land administration systems. In order to assess the time, cost and number of procedures required to complete the process of property transfer, a specific set of assumptions needs to be considered. 1.1 Scenario You are helping your client, a limited liability company, purchase a commercial warehouse that is registered at the Office of Sub-Registrar in Delhi. This case is a transfer of property, not the first-time registration of a property. Assumptions Parties Property Transaction The buyer and seller are local limited liability companies located in Delhi. They are owned by private nationals (with no foreign or state ownership) and perform general commercial activities. The property consists of land and a 2-story building (warehouse): the land area is 557.4 square meters (6,000 square feet), and the warehouse has a total area of 929 square meters (10,000 square feet). The value of the property is INR 5,114,479 (equivalent to USD 79,500), equal to 50 times income per capita. The property is registered in the land registry; it is free of title disputes and has no mortgages attached to it. The seller company has owned the property for the past 10 years. The seller company has accepted the buyer company's offer to purchase the property. The parties will undertake every procedure that is officially required or needed in practice to transfer the ownership of the property. 1.2 Definitions The questionnaire divides the process for transferring a property into distinct procedures and collects information on the time and cost of completing each procedure according to the following definitions: Definitions Procedures Time Cost A procedure is an interaction of the buyer or the seller, their agents (if an agent is legally or in practice required) with external parties, including government agencies, inspectors, notaries and lawyers. Procedures that take place simultaneously are marked with an asterisk (*). Time is measured in calendar days. The minimum time for a procedure is 1 day. For procedures that can be completed online in less than 1 day, the duration is noted as Less than one day (online procedure). Cost reflects only official fees and taxes; bribes are excluded. Value added tax (VAT) and capital gains should not be included in the cost. Please always refer to the case study assumptions and definitions when describing the property transfer process.
2. REFORM UPDATE 2.1 Has there been any administrative or legal change since June 1, 2016 affecting the process for transferring a property or the land administration system? IF YES: 2.1.1 Please indicate the name and date of the law or regulation: 2.1.2 Please provide the link to the law or regulation if possible: 2.1.3 Please describe the administrative or legal change: 2.1.4 Has this change simplified or complicated your daily work related to property transfers? Please explain: 1. http://www.dlrc.delhigovt.nic.in/ 2. http://doris.delhigovt.nic.in/login.aspx 3. https://ptis.ndmc.gov.in:8543/staff/index.jsp 4. http://www.delhi.gov.in/wps/wcm/connect/doit_revenue/revenue/home/esub+registrar/model+deed+page 5. http://rgms.delhi.gov.in/ 6. http://gsdl.org.in/revenue/index.aspx 7. http://www.delhi.gov.in/wps/wcm/connect/doit_revenue/revenue/home/e- Sub+Registrar/Important+Information+regarding+Registration+of+Property/Important+Information +regarding+registration+of+property?id=8750b1004041b16db132fdd74088f250&wcm_page.reset All=TRUE&CACHE=NONE&CONTENTCACHE=NONE&CONNECTORCACHE=NONE&SRV=Page 8. http://districts.delhi.gov.in/ams/ 9.http://www.delhi.gov.in/wps/wcm/connect/doit_revenue/Revenue/Home/e- Sub+Registrar/Important+Information+regarding+Registration+of+Property/Important+Information +regarding+registration+of+property?id=8750b1004041b16db132fdd74088f250&wcm_page.reset All=TRUE&CACHE=NONE&CONTENTCACHE=NONE&CONNECTORCACHE=NONE&SRV=Page 1. Land records have been digitized and made publically available 2. Seller and buyer can access data related to property registration online (real time) without any associated costs 3. Property tax dues can be accessed online free of cost by registered users (property owners) through Property Identity Number (PID) 4. Model deeds (sale, lease, exchange, will, gift, trust, etc.) have been made available online on Department's website 5. Separate grievance mechanism for disputes related to land is operational on Department's website 6. An electronic database has been developed for recording boundaries, checking plans and providing cadastral information (geographic information system) 7. PAN has been integrated backwards with the land records database 8. Appointment and re-scheduling for deed registration at Sub-Registrar office can be made online 9. Stamp duty can be paid online The change has significantly eased the property registration process in Delhi as, the seller and buyer can now ONLINE apply for deed registration, book appointments, access scanned/digitized land records available in public domain, pay stamp duty and even register grievances online. 2.2 Last year Doing Business recorded the following project that was expected to have an impact on the property transfer process or the land administration system (if no information is shown here, please go to question 2.3): Expected reforms Is it now in place? If yes, since when? Is the transfer process now easier or more complex? expected reforms Please explain:
2.3 Are you aware of any reform (change in practice or in laws or regulations) related to the process for transferring a property or the land administration system that is ongoing: 2.3.1. BEFORE June 1, 2017? 2.3.2. AFTER June 1, 2017? Please describe
3. LIST OF PROCEDURES FOR TRANSFERRING PROPERTY For your convenience, last year s answers are included in this questionnaire. They represent a unified response, based on all the answers received from various contributors. Because they represent the responses from all Doing Business contributors in your economy, they may not match the specific answers that you or your colleagues in your firm provided last year. Please update the data for property transfers taking into account the assumptions of the case study presented in section 1. Please describe any change to the data in detail and indicate since when the change took effect. Please specify whether the changes you make are because of: A reform any modification to the property transfer process (in practice or in law) after June 1, 2016; A correction meaning that the unified answer was erroneous and did not reflect the reality in your country; Other relating to other external factors affecting the property transfer process. 3.1 Data Update Procedure 1 Conduct title search at the sub-registrar office Cost Cost last year: INR 15,000-20,000 Cost update: 0 Time Time last year: 7 days (simultaneous with procedures 2 and 3) Time update: 0.5 days (procedure is completely online) If yes, since when? Can it be completed online? Website: Online procedure Link update: Update: Update: 2016 http://doris.delhigovt.ni c.in/login.aspx Agency Agency last year: Sub-Registrar Office Agency update: Department of Revenue, Government of NCT of Delhi Details: The purchaser should conduct search of the property in the Registry Office. During investigation it should be verified that (1) the legal ownership document is in the name of the owner, issued by the Revenue Record Department under the seal of Tehsildar, (2) the title deeds, mutation entries for the preceding 40 years (preferably) must be checked to confirm no mortgage or other encumbrances exist on the date of purchase, (3) the property is transferable and heritable, (4) the transferor is competent Procedure details: and/or authorized to transfer the property, (5) the transferee is qualified to be a transferee, (6) the consideration is lawful, (7) the transfer has been made and completed in the manner prescribed by law. Your comments: Land records for property registration have been made available in public domain. The records can be accessed by anyone and free of cost at (http://doris.delhigovt.nic.in/login.aspx). If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: Online system has been deployed to make land records for property registration publically available and free of cost (http://doris.delhigovt.nic.in/login.aspx) Procedure 2 Ensure that property is clear of all local tax dues Cost Cost last year: INR 200 Cost update: 0 Time Time last year: 7 days (simultaneous with procedures 1 and 3) Time update: 0.5 days (procedure is completely online) Online procedure Can it be completed online? If yes, since when? Website:
Update: Update: 2016 Link update: http://111.93.49.17/ptn dmc/offpropsrch.php http://111.93.49.17/pte dmc/offpropsrch.php http://111.93.49.17/pts dmc/offpropsrch.php Agency Agency last year: rth Delhi Municipal Corporation, South Delhi Municipal Corporation, East Delhi Municipal Corporation (depending on the location of the property) Agency update: change Details: Request all records regarding payment of local property taxes and any other possible municipal dues, for pick-up a week later, to ensure that the owner of the Procedure details: property is in good standing with municipal authorities Your comments: Property tax dues can be accessed online free of cost by registered users (property owners) through Property Identity Number (PID) If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: Property tax dues can be accessed online free of cost by registered users (property owners) through Property Identity Number (PID) at http://111.93.49.17/ptndmc/offpropsrch.php http://111.93.49.17/ptedmc/offpropsrch.php http://111.93.49.17/ptsdmc/offpropsrch.php Procedure 3 Cost Cost last year: INR 100 Conduct charges search at the Registrar of Companies Cost update: Time Time last year: 1-2 days (simultaneous with procedures 1 and 2) Online procedure Time update: 0.5 days (procedure is completely online) Website: Can it be completed online? If yes, since when? http://www.mca.gov.in/ mcafoportal/viewcomp anymasterdata.do Update: Update: Link update: Agency Agency last year: Registrar of Companies Agency update: Details: If the seller is a Company incorporated under the provisions of the Companies Act, 2013, the purchaser should conduct a search in the office of the Registrar of Companies to verify whether there is any charge (mortgage, encumbrance, etc.) on the Procedure details: property registered under Section 125 of the Companies Act, 2013. te that if the Seller is not able to produce title deed, then Buyer must also check any potential creditors for mortgages by deposit of title deed, which are not recorded anywhere. Your comments: If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: The search can be conducted online and as per World Bank's methodology the time required for conducting charges seacrch on a complete online system is 0.5 days. Procedure 4 Cost Time Online procedure Prepare the final sale deed with the purchaser s lawyer Cost last year: 1% of the property value Cost update: 0 Time last year: 7 days Time update: 0.5 days (procedure is completely online) If yes, since when? Can it be completed online? Website:
Update: Update: 2016 Link update: http://www.delhi.gov.in /wps/wcm/connect/doi T_Revenue/revenue/h ome/esub+registrar/model+d eed+page Agency Agency last year: Lawyer Agency update: Department of Revenue Details: The lawyer prepares the final sale deed and then engrosses the document on green paper leaving the date and place blank. This document is then submitted for Procedure details: stamping. The fee for the lawyer varies from transaction to transaction. Your comments: Model deeds have been made available in public domain (online) for downloading. Seller can upload deed online, book appointment online for deed registration and pay stamp duty online. If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: Seller can access and download the model deeds available online, free of cost (http://www.delhi.gov.in/wps/wcm/connect/doit_revenue/revenue/home/e-sub+registrar/model+deed+page). The seller can further upload the deed, book appointment for deed registration at Sub-Registrar office (http://districts.delhi.gov.in/ams/default.aspx) and pay stamp duty online. Online fee calculator for calculation of stamp duty and registration charges has been deployed. Also the cost accounted in last year's procedure is the fee charged by property agents and does not form part of legal cost, and as per World Bank's methodology only legal costs are captured in the evaluation. Hence the cost needs to be done away with. Procedure 5 Cost Time Online procedure Pay Stamp Duty on the final Sale Deed through e-stamp paper at the designated bank. Cost last year: 6% of property value Cost update: change Time last year: 1 day Time update: change Can it be completed online? If yes, since when? Website: Update: Update: Link update: Agency Agency last year: Bank Agency update: Details: The amount of stamp duty is calculated based on the sale consideration or circle rate, whichever is higher, and deposited by the party purchasing the e-stamp paper, in the designated account of the Stock Holding Corporation of India at Corporation Bank by RTGS/NEFT. Thereafter, the UTR no. or other relevant details of the payment along with the details of the property, parties, nature of instruments, Permanent Account Number Procedure details: (PAN) card details of parties, authority letter to the representative of the party to collect the e-stamp paper and ID proof of the party in whose name stamp duty has been purchased, are required to be submitted at the bank and thereafter, the stamp paper is issued. Your comments: If you made changes to last year s information, what is it due to? Please explain the change(s) and provide the legal basis when applicable: Procedure 6 Cost Execute final sale deed and submit documents to the local office of the Sub- Registrar of Assurances Cost last year: 1% of market value of the property + INR100 pasting charge has to be deposited at Sub-Registrar office at the time of registration +INR 20 per page of final sale deed for scanning charges (paid in cash)
Cost update: Registration charge - 1% of market value of property Time Online procedure Agency Procedure details: Time last year: 1 day Time update: change Can it be completed online? If yes, since when? Website: Update: Update: Link update: Agency last year: Sub-Registrar of Assurances Agency update: Details: Initially an appointment is taken for registration, from the concerned Sub- Registrar's office or online, as the case may be. On date of the appointment, the documents are submitted to the designated official for screening. The designated official verifies the particulars of the purchaser(s), seller(s) and witnesses and also verifies the property details and title documents of the seller with respect to the property. Thereafter, the photographs of the seller, purchaser and witnesses are taken which are also printed on the back page of the registered sale deed. Further, the registration fees is paid in favour of the office of the Sub-Registrar and receipt for the same is issued. Thereafter, the sale deed is registered and a registration receipt is issued. The registered sale deed can be collected from the office of Sub-Registrar after approximately 1 week from the date of registration, upon production of the registration receipt. The following documents are required to be carried to the office of the Sub-Registrar for registration of a sale deed: (i) two photographs, each of the authorized representatives/directors of the seller and purchaser, alongwith their ID proof, in original; (ii) PAN cards of seller and purchaser; (iii) the board resolutions in favour of the authorized representative or director executing the sale deed on behalf of the companies; (iii) In case the sale consideration is more than INR 50,00,000/-, proof of payment of 1% deduction as TDS; (iv) ID proof of the witnesses, in original; and (v) previous title documents of the property. The authorized representatives/directors of both parties as well as witnesses are required to be present at the office of the Sub-Registrar, in person, for the registration of the sale deed. Your comments: Registration charge of 1% of property value is applicable If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: Elimination of Pasting charges (INR100) paid at Sub Registrar Office and elimination of Scanning charges (INR20 per page) paid in as cash at Sub Registrar Office Procedure 7 Cost Time Online procedure Agency Apply to the Land & Survey Office for mutation of the tile of the property Cost last year: INR 450 (Application fee of INR 100; stamp duty on the Indemnity Bond of INR 200, stamp duty of INR 100 on the Affidavit in the prescribed form and notary fees of INR 50) Cost update: 0 Time last year: 30 days Time update: 16 days Can it be completed online? If yes, since when? Website: Update: Update: Link update: Agency last year: Land & Survey Office Agency update:
Details: An application for mutation of the title of the property will have to be made to the Sub-Registrar office office for seeking mutation of the title of the property in the name of the purchaser. The authorised signatory has to submit the duly signed application along with the affidavit, indemnity bond and a notarised copy of the registered Sale Deed. After the assessment of the request for mutation, the Sub-Registrar office decides the value of Procedure details: the tax on the property and issues a letter of mutation in favour of the purchaser. Cost included application fee of INR 100; stamp duty on the Indemnity Bond of INR 200, stamp duty of INR 100 on the Affidavit in the prescribed form and notary fees of INR 50. Your comments: official cost is applicable for mutation of the title of property and the time taken for mutation is 16 days (14 days is the notice period) If you made changes to last year s information, what is it due to? Reform Please explain the change(s) and provide the legal basis when applicable: official cost is applicable for mutation of the title of property and the time taken for mutation is 16 days (14 days is the notice period)
3.2 Additional procedures in the process for transferring property Please provide details below on any new or existing procedures that are not included in the list above. In case there is no additional procedure to be added, please proceed to the next section. Procedure Name: Cost: Time: Online procedure Can this procedure be done online? If, since when? Please provide the link to the website: Agency: Procedure details: If you made changes to last year s information, what is it due to? Please explain the changes and provide the legal basis when applicable: Please indicate the sequence of this new procedure (for example: between procedures 2 and 3) or describe when it takes place: Can this procedure take place simultaneously with another procedure? If so, which one(s)? 3.3 Please verify the time required for all procedures to transfer property until it becomes opposable to third parties in Delhi: Question Last year, the overall time to transfer a warehouse between two limited liability companies in Delhi including all the procedures required before, during and after registration - was estimated at: This year, based on your experience and using the case study assumptions explained in Section 1, what is the overall time for a business to purchase a property from another business and to transfer the property title to the buyer's name? Based on your experience and the same case study assumptions, what can be the fastest time in practice to transfer a property between two limited liability companies? Based on your experience and the same case study assumptions, what can be the slowest time in practice to transfer a property between two limited liability companies? If there is a difference in time, what is the main reason behind it? Answer 47.0 days 18 days 16 days 20 days Significant initiative taken towards digitization of property related matters in Delhi. Tax dues can be filed online, title search is available online, and model sale deeds are available online.
Code T o F or mat Page: D o not del ete0. 4. QUALITY OF LAND ADMINISTRATION INDEX This section is dedicated to the Quality of Land Administration Index, which evaluates 4 main areas: the overall reliability of infrastructure; transparency of information; geographic coverage; and land dispute resolution mechanisms in place. When answering the questions below, kindly disregard the case study assumptions (section 1). For your convenience, a summary of the responses provided last year to the same questions is included. Because they represent the responses received from all Doing Business contributors in your economy, they may not match the specific answers that you or colleagues in your firm provided last year. If any of your answers are the result of a reform that came into effect after June 1, 2016 please mention it in the sections for changes comparing to the last year. Furthermore, when answering the questions below kindly indicate the name, reference and date of publication of the relevant law, when applicable. 4.1 RELIABILITY OF INFRASTRUCTURE INDEX 4.1.1 Immovable property registration system a) What is the name of the institution in charge of immovable property registration in Delhi? b) Is the majority of title/deed records in Delhi held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? (A scanned document is an image of a document, kept in electronic format or microfilm, whose content cannot be used in searches and it is not extractable. Fully digital documents are those that have information input into fields, with content that is searchable and extractable). c) Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions, etc.)? Last Year This Year Comments Office of Sub- Registrar Office of Sub- Registrar Computer/Scanned Computer/Fully digital http://doris.delhigovt.nic.in/ 4.1.2 Cadastral/Mapping system a) What is the name of the institution in charge of the plans showing legal boundaries in Delhi (cadastre, parcel index, etc.) b) Is the majority of plans in Delhi held in a paper format or in a computerized format? If they are computerized, are they scanned documents or fully digital documents? c) Is there an electronic database for recording boundaries, checking plans and providing cadastral information (Geographic Information System)? 4.1.3 Interconnection a) Is the information recorded by the immovable property registration agency and the mapping agency kept in a single database, different but linked databases, or separate databases? b) Do the immovable property registration agency and cadastral/mapping agency use the same identification number for properties? Last Year This Year Comments Department of Delhi Development Revenue, Govt. Authority (DDA) of NCT of Delhi Paper Computer/Fully di http://gsdl.org.in/planning_ tool/gistoolplanning.aspx Last Year This Year Comments Separate databases Different database
Since June 1, 2016, has there been any change in the areas above? 4.2 TRANSPARENCY OF INFORMATION INDEX This Year If yes, please explain: 4.2.1 Immovable property registration system a) Who is able to obtain information on land ownership at the agency in charge of immovable property registration in Delhi? b) Is the list of documents that are required to complete any type of property transaction made publicly available? If online, please provide the link: c) Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in Delhi made publicly available? If online, please provide the link: d) Does the agency in charge of immovable property registration agency commit to deliver a legally binding document that proves property ownership within a specific deadline (service standards- e.g. 5 working days to deliver a new title)? If online, please provide the link: e) Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration through a telephone hotline, a mailing address, e-mail or other means? If yes, please provide the contact information: Last Year This Year Comments Anyone who pays the official fee, online http://www.delhi.go v.in/wps/wcm/conn ect/doit_dcnort H/dcnorth/publicser vicesslinks/registrat ion+of+documents, online http://www.delhi.go v.in/wps/wcm/conn ect/doit_revenue/r evenue/home/servi ces/property+regis tration, in person Freely accessible by, online http://www.delhi.g ov.in/wps/wcm/co nnect/doit_reve nue/revenue/hom e/esub+registrar/step s cost http://www.delh i.gov.in/wps/wcm/ connect/doit_reve nue/revenue/ho me/e- Sub+Registrar/Im portant+informati on+regarding+re gistration+of+pro perty/important+i nformation+regar ding+registration +of+property?id= 8750b1004041b1 6db132fdd74088f 250&WCM_Page. ResetAll=TRUE& CACHE=NONE& CONTENTCACH E=NONE&CONN ECTORCACHE= NONE&SRV=Pag e, in person http://rgms.delhi.g ov.in/ There is no cost for searching the property title, the link for same is given below
f) Are there official statistics tracking the number of transactions at the immovable property registration agency? If yes, are they made available to the public? What is the source of these statistics? What is the total number of property transfers in Delhi that took place in 2016? The Sub-Registrar Office Department of Revenue Statistics for tracking transactions at SRO is available in public at http://doris.delhigovt.nic.i n/login.aspx 4.2.2 Cadastral/Mapping system Last Year This Year Comments a) Who is able to consult plans in Delhi? Only intermediaries and interested Freely accessible parties b) Is the applicable fee schedule to get access cost is applicable to cost to plans made publicly available? access the plans If online, please provide the link: c) Does the cadastral/mapping agency commit to deliver an updated plan within a specific, online deadline (service standards- e.g. 5 working days to update the plan)? If online, please provide the link: d) Is there a specific and independent mechanism for filing complaints about a problem that occurred at the agency in charge of cadastral plans through a telephone hotline, a mailing address, e-mail or other means? If yes, please provide the contact information: http://gsdl.org.i n/planning_tool/ gistoolplanning. aspx http://rgms.del hi.gov.in/ Since June 1, 2016, has there been any change in the areas above? 4.3 GEOGRAPHIC COVERAGE INDEX This Year If yes, please explain: Cadastral maps have been made available online free of cost 4.3.1 Immovable property registration system a) Is every privately held land plot in Delhi formally registered at the immovable property registry? b) Is every privately held land plot in the economy (India) formally registered at the immovable property registry? Last Year This Year If not, what percentage of land is registered? What are the main reasons for the registry not being complete? 4.3.2 Cadastral/mapping system Last Year This Year If not, what percentage of land mass is mapped? What are the main reasons for the mapping not being complete?
a) Is every privately held land plot in Delhi mapped? b) Is every privately held land plot in the economy (India) mapped? Since June 1, 2016, has there been any change in the areas above? This Year If yes, please explain: Section 17 of the Registration Act clearly provides that any document (other than testamentary instruments) which purports or operates to create, declare, assign, limit or extinguish whether in present or in future "any right, title or interest" whether vested or contingent of the value of Rs. 100 and upwards to or in immovable property. Section 49 of the said Act provides that no document required by Section 17 to be registered shall, affect any immovable property comprised therein or received as evidence of any transaction affected such property, unless it has been registered. (http://dolr.nic.in/dolr/registrationact%281908%29.asp) Case Law: Suraj Lamp and Industries (P) Ltd. v/s State of Haryana (2012) 340 ITR 1 (SC) As per Section 16 of The Delhi Land Revenue Act 1954, the maps and field book needs to be maintained. 4.4 LAND DISPUTES RESOLUTION INDEX 4.4.1 Legal background a) Does the law require that all property sale transactions be registered at the land registry to make them opposable to third parties? If yes, please specify the legal basis: b) Is the system of immovable property registration subject to a guarantee? If yes, what is the type of guarantee? Please specify the legal basis: c) Is there any compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the land registry? If yes, what kind of compensation is provided in this case? Please specify the legal basis: d) Does the legal system require a control of legality of the documents necessary for a property transaction (e.g. checking of contracts compliance with law requirements)? If yes, who is held responsible for verifying the contract compliance? Please specify the legal basis: Last Year This Year Comments Section 17 of the Indian Registration Act, 1908 Lawyer; Interested Parties. Transfer of Property Act 1882, Registrar tary Lawyer Interested parties one Other Transfer of Property Act 1882,
e) Does the legal system require a verification of the identities who are parties to a property transaction? If yes, who is held responsible for verifying the identity of the parties to a property transfer? Please specify the legal basis: f) Is there a national database to verify the accuracy of identity documents? Registration Act 1908, Indian Stamp Act 1899, The Indian Contract Act, 1872 Registrar. Section 34 (3) (b) of the Registration Act, 1908 Registration Act 1908, Indian Stamp Act 1899, Indian Contract Act 1872 Registrar tary Lawyer Interested parties one Other Section 34 (3) (b) of the Registration Act, 1908 4.4.2 Formal land dispute resolution mechanisms Last Year This Year Comments a) In case of a standard land dispute between two local businesses over tenure rights of a property worth Delhi District Court As discussed in Washington DC with Doing Business INR 5,114,479 located in Delhi, what is team, the disputes Revenue Court the court in charge of the case in first related to instance? boundaries are first taken up by the How long does it take on average to obtain a decision from the first instance court for such a case (without appeal)? b) Are there any statistics on the number of land disputes in the first instance? If yes, what is the number of land disputes in 2016 and/or the land dispute rate (i.e. the percentage of land disputes out of the total number of disputes in the first instance)? What is the source of these statistics? More than 3 years Less than a year Department of Revenue revenue courts. http://www.delhi.go v.in/wps/wcm/conne ct/doit_revenue/re venue/home/esub+registrar/import ant+information+reg arding+registration+ of+property/advisory +regarding+time+bo und+disposal+of+re venue+cases http://edistrict.delhig ovt.nic.in/in/en/com mon/revenuecourts.html Since June 1, 2016, has there been any change in the areas above? This Year If yes, please explain: As discussed in Washington with Doing Business team, the disputes related to boundaries are first taken up by the revenue courts. Thus they should be considered as the court incharge in first instance. The revenue courts are also required to dispose off the cases in a time bound manner i.e. within a year from filling. The statistics of land disputes have been made available at http://edistrict.delhigovt.nic.in/in/en/common/revenuecourts.html
5. Equal access to property rights index When assessing if the law recognizes equal ownership rights over the property, please consider the capacity to own, use and administer it. Assume the individuals are married and under the default marital property regime or the most commonly used system. Last Year This Year Comments a) Do unmarried men and unmarried women have equal ownership rights to property? Please specify the legal basis: b) Do married men and married women have equal ownership rights to property? Please specify the legal basis: Hindu Succession Act, 1956, Article 14 Hindu Succession Act, 1956, Article 14
6. RESEARCH QUESTIONS This section focuses on research topics related to the Registering Property indicator that will be used to promote deeper research in the field of property rights by the Doing Business team. The purpose of land records is to provide interested parties with up to date and authoritative information on all rights, encumbrances, liens, and charges pertaining to a particular piece of land. Failure to synchronize information between different institutions will prevent this, thus reducing the value of records, increasing the transaction cost of land transfers, and creating potential opportunities for insecurity, fraud and potential conflict. When answering the questions below, please disregard the case study assumptions presented in Section 1. 6.1 Land Registry record keeping Response What is the legal basis? Comments a) Is the registration of mortgages required by law? 6.1.2 Which of the following encumbrances are recorded in the Land Registry. Can they be accessed by interested parties? Encumbrances Comments registration a) Civil disputes that affect a registered property b) Mortgages secured against a property c) Public encumbrances (e.g. acquisition notice) d) Registered long term leases Available to interested parties If there is any status change, how many days does it normally take to update the new information (indicate 0 for automatic online update)? 6.2 Geographic coverage of State Owned Land Response a) Is more than 90% of State Owned Land in India formally registered at the immovable property registry? -Click to Selectb) Is more than 90% of State Owned Land in India mapped? -Click to Selectc) Are the boundaries in the maps of the mapping agency updated according to the ownership records? If not, what percentage of land is registered/mapped? 6.3 State Owned Land database Response a) Are cadastral maps indicating the location of State Owned Land publicly accessible? If online, please provide the link: b) Are cadastral records used by local governments for tax planning? Comments 6.4 Private sector use of State Owned Land a) If alienable State Owned Land is transferred for private use, does it have to be awarded through a public tender? b) Are contractual obligations included in State Owned Land transfer for private use made public? c) Are contractual obligations of those receiving public land for private use monitored through a third party evaluation? Response What is the legal basis? Comments 6.5 Public use of private land This section measures the due process in place to compensate parties affected by compulsory land acquisition by the government for the provision of public goods or the public interest as defined by country level policies and laws. Response What is the legal basis? Comments a) Can privately held land be taken by the government -Click to Selectbefore compensation is paid in full? Thank you very much for completing the Registering Property questionnaire! We sincerely appreciate your contribution to the Doing Business project.
The results will appear in Doing Business 2018 and on our website: www.doingbusiness.org. Your work will be gratefully acknowledged in both, if you wish.