Sale Deed in Bihar: Registration Process, Format, Stamp Duty and Charges in 2025

When engaging in a property transaction in Bihar, the sale deed is the most vital legal document you will encounter. It serves as the official and final instrument that transfers the ownership of a property from the seller to the buyer. This document is not just a simple agreement; it is a legally binding record that must be registered with the government to be valid. Understanding the process, charges, and legal requirements is crucial for a smooth and secure property transfer in the state.

What are the Stamp Duty and Registration Charges in Bihar (2025)?

Bihar has a unique structure for these charges, offering concessions to encourage property ownership among women. The process of registering a property involves paying certain government-mandated fees. The primary costs associated with a sale deed in Bihar are the stamp duty and registration charges, which are calculated based on the property's market value.

Note: The market value is determined by the Minimum Value Register (MVR), which is the circle rate set by the government for that specific area. For a broader understanding of this tax, you can read about stamp duty.

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Essential Clauses in a Sale Deed (Bihar)

A properly drafted model sale deed in Bihar must contain several crucial clauses to be considered legally complete and to protect the rights of both the buyer and the seller.

• Details of the Parties: Full names, addresses, ages, and the father's name of both the seller (Vendor) and the buyer (Vendee).
• Property Description: A complete and accurate description of the property, including its identification number (Khata, Khasra), address, dimensions, and clear boundaries.
• Sale Consideration: The final price at which the property is being sold. This amount must be clearly stated in both figures and words.
• Payment Details: A detailed account of how the sale consideration was paid or will be paid (e.g., bank transfer, cheque, demand draft) and an acknowledgement of receipt by the seller.
• Transfer of Title Clause: A clear and unconditional declaration by the seller stating that they are transferring all rights, titles, and interests in the property to the buyer.
• Indemnity and Encumbrance Clause: A legally binding promise from the seller to compensate the buyer for any future losses arising from defects in the property's title. It also includes a declaration that the property is free from all legal dues, mortgages, and disputes.
• Possession Clause: A statement confirming the exact date on which the physical and legal possession of the property is being handed over to the buyer.
• Witness Information: The names, addresses, and signatures of at least two witnesses who were present during the signing of the deed.

What are the Documents Required for a Sale Deed in Bihar?

The table below lists the key documents required for registering a sale deed in Bihar and their specific purpose.

• Draft of the Sale Deed: The main legal document outlining all terms and conditions of the property sale.
• Proof of Ownership (Title Deed): Original property documents like Patta or Khatiyan to prove the seller's legal ownership.
• Encumbrance Certificate: Verifies that the property is free from any legal or financial liabilities or loans.
• Identity Proof of All Parties: Aadhaar Card, PAN Card, Voter ID, or Passport of the buyer, seller, and witnesses.
• Address Proof of All Parties: Utility bills or Aadhaar Card for the buyer, seller, and both witnesses to confirm address details.
• PAN Card and Form 60: Mandatory for all high-value property transactions to ensure proper tax tracking.
• Photographs: Recent passport-sized photos of the buyer, seller, and witnesses.
• Land Revenue Tax Receipts: Proof that all pending land revenue taxes have been cleared by the seller.
• Proof of Fee Payment: E-receipt showing successful online payment of stamp duty and registration charges.

Sale Deed Registration Process in Bihar

The following steps outline the procedure for executing and registering a sale deed in Bihar.

• Step 1: Draft the Sale Deed: The first step is to engage a legal expert or a licensed deed writer to draft the sale deed. A comprehensive sale deed format should be used, ensuring it includes all essential clauses and is compliant with Bihar's state laws.
• Step 2: Calculate and Pay Fees: Determine the property's market value using the MVR on the IGRS Bihar portal and calculate the applicable stamp duty and registration fees. These fees must be paid online. Also, remember to get the e-receipt once the payment is made.
• Step 3: Book an Appointment: Schedule an appointment slot for the buyer, seller, and two witnesses to go to the jurisdictional Sub-Registrar's Office (SRO) through the official IGRS Bihar portal.
• Step 4: Document Verification: Submit the drafted sale deed, the e-receipt, and all supporting documents to the registering officer for verification.
• Step 5: Biometric Authentication: The photographs and fingerprints of all parties (buyer, seller, and witnesses) are captured and recorded by the SRO.
• Step 6: Final Registration: Once the officer verifies all documents and the biometric data, they will witness the signing of the deed. The document is then officially registered, and a unique registration number is assigned.
• Step 7: Collection of Registered Deed: The original registered sale deed is scanned for the government's digital records and can be collected from the SRO after a few days.

How to Register a Sale Deed Online in Bihar?

The Bihar government has simplified property registration via its e-Nibandhan portal. Although the primary departmental website is state.bihar.gov.in/registration/, the actual online document registration services are provided through the integrated e-Nibandhan platform. The process includes online preparation and a required in-person visit to the Sub-Registrar’s Office (SRO).

Here is a detailed breakdown of the steps:

Preliminary Step: Prepare the Sale Deed and Gather Documents

Before you begin the online process, it is crucial to prepare the legal document and collect all necessary paperwork.

• Draft the Sale Deed: It is highly advisable to consult with a legal professional to draft the sale deed. This document is the final instrument that legally transfers property ownership.
• Gather Essential Documents: You will need the following for both online data entry and the final SRO visit:
  • Original, signed Sale Deed document.
  • Identity proofs for the buyer, seller, and two witnesses (e.g., Aadhaar card, Voter ID).
  • PAN card for both buyer and seller.
  • Encumbrance Certificate (to prove the property is free from legal liabilities).
  • Proof of payment for stamp duty and registration fees (generated online).
  • NOC (No Objection Certificate), if the property is part of a housing society or under a leasehold agreement.
  • Latest property tax payment receipts.

Online Process on the e-Nibandhan Portal

This phase covers data entry, fee payment, and booking your appointment.

• Visit the Portal: Go to the official website of the Prohibition, Excise, and Registration Department of Bihar: https://state.bihar.gov.in/registration/. Navigate to the e-services section for land/property registration, which will direct you to the e-Nibandhan platform.
• Create an Account: New users must register on the portal by creating an account with their mobile number and email. Existing users can log in with their credentials.
• Complete the Online Application: Fill out the application form with all required information, including property details (location, area, MVR), and details of the buyer, seller, and witnesses.
• Pay Stamp Duty & Registration Fees: The portal will automatically calculate the required fees based on the property's value. Make the online payment for the stamp duty and registration charges through the integrated payment gateway. A receipt or e-stamp certificate will be generated upon successful payment.

In-person Registration at the Sub-Registrar's Office (SRO)

This is the final and mandatory step to legalize the transfer.

• Step 1: Book an Appointment: After making the online payment, use the portal to book an appointment slot at the SRO that has jurisdiction over the property.
• Step 2: Attend the Appointment: The buyer, seller, and two witnesses must be present at the SRO at the scheduled time.
• Step 3: Document Verification: Submit all original documents to the Sub-Registrar for verification against the data you entered online.
• Step 4: Biometric Verification: The photographs and fingerprints of all parties will be captured.
• Step 5: Final Registration: After successful verification, all parties will sign the document and the official registers in front of the Sub-Registrar. The sale deed will then be officially registered, and you will be given a receipt for the collection of the original registered document at a later date.

Important Considerations

• Stamp Duty Rates: Be aware that stamp duty rates in Bihar can vary. It's advisable to check the latest rates on the portal, as they may differ based on factors like the gender of the buyer.
• Sale Agreement vs. Sale Deed: A sale agreement is a preliminary contract outlining the intent to sell. The Sale Deed is the final, legally binding document that executes the ownership transfer.
• Professional Guidance: Given the complexities of property transactions, consulting with a legal expert or a real estate professional throughout the process is strongly recommended.

How to Download a Sale Deed in Bihar?

To download a sale deed in Bihar, you can use the state's official Bhumijankari portal. This digital service is helpful for accessing your property documents for records or verification, especially if you need a certified copy.

• Step 1: Visit the Official Portal: Navigate to the IGRS Bihar website, which is also known as the Bhumijankari portal.
• Step 2: Find the Document Search Option: On the homepage, look for the service that allows you to view or search for registered documents.
• Step 3: Enter Search Criteria: You can search for the document directly if you have the deed number. Alternatively, you can search using other relevant details like the registration office and the year of registration.
• Step 4: Download the Certified Copy: Once the document is located, the portal should provide an option to download a certified copy. Be aware that you may need to pay a nominal fee for this service.

Format of Sale Deed in Bihar

A standard sale deed format in English is widely used for property transactions in Bihar. The typical structure includes:

• Title of the Deed: Clearly states "DEED OF SALE" or "SALE DEED".
• Date and Place of Execution: Mentions the date and location where the deed is being signed.
• Details of the Parties: A section identifying the Vendor (Seller) and the Vendee (Buyer) with their full details.
• Recitals (Preamble): This section provides the background of the property, explaining how the seller acquired ownership.
• Operative Part: The core of the deed, which details the sale consideration, how it was paid, and the words that enact the transfer of the property.
• Schedule of Property: A separate schedule at the end of the document provides a full and detailed description of the property being sold, including its exact location and boundaries.
• Covenants and Declarations: Contains all the essential legal clauses like the Indemnity Clause, Encumbrance Clause, and others.
• Signature Section: Designated spaces for the signatures of the seller, the buyer, and the two attesting witnesses.

Timeline for Sale Deed Registration in Bihar (2025)

Under Section 25 of the Bihar Registration Act (under the Indian Registration Act, 1908), the sale deed must be registered within 4 months of execution. Failure to do so can result in penalties up to 10 times the registration fee, unless delay is sanctioned by the Registrar.

Know More About Sale Deed In Various States of India

How NoBroker Can Help With Legal Services?

Navigating the legal complexities of a property transaction in Bihar, especially with its specific rules and documentation requirements, can be challenging. NoBroker offers expert legal services to simplify this entire journey for you. Our experienced lawyers can assist with drafting a legally sound sale deed, verifying property titles, and ensuring all your paperwork is in perfect order. We provide comprehensive, end-to-end assistance to make your property registration experience in Bihar secure, transparent, and hassle-free, saving you from potential pitfalls.

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