By Buying property in West Bengal involves more than just signing a Sale Deed. The state maintains a split administrative structure where the Registry Office records the transaction, but the Block Land & Land Reforms Office (BL&LRO) holds the actual title rights. This disconnect often traps buyers who possess a registered deed but lack a valid ‘Khatian‘ or Record of Rights.
The following report outlines the statutory requirements for 2026, from verifying 30-year ownership chains (Pit Dalil) to identifying hidden encumbrances like ‘Barga‘ (sharecroppers) or ‘Vested’ land. It details the specific protocols for Kolkata’s municipal areas, Salt Lake leasehold transfers, and the regularization of refugee colony land, providing a clear roadmap for due diligence.
Property Acquisition in West Bengal: The 2026 Legal Protocol
A comprehensive handbook navigating the dual-record system, mutation complexities, RR&R land regularization, and statutory compliance in Kolkata.
1. The Administrative Disconnect
West Bengal operates under a bifurcated system for property records. Unlike jurisdictions with unified titling, ownership here is split between two distinct government bodies.
Directorate of Registration
Under Finance Department
- Records the Deed (Sale/Gift).
- Maintains Index II.
- Proves a transaction occurred.
- Does not verify ownership validity.
Land & Land Reforms Dept
Under L&LR Department
- Records the Rights (ROR/Parcha).
- Maintains Khatian & Dag.
- Proves possession and land classification.
- Essential for mutation and loans.
The Necessary Due Diligence Workflow
2. Digital Intelligence
| Platform | Primary Function | Data Points |
|---|---|---|
| Banglarbhumi | ROR Verification | Classification (Shali/Bastu), Co-owners |
| e-Nathikaran | Deed Search | Legacy deeds (Post-2008), Market Value |
| WBRERA | Project Compliance | Litigation history, Approvals |
3. The “Chain Deed” (Pit Dalil) Protocol
In West Bengal, holding the current Sale Deed is insufficient. You must establish a continuous, unbroken chain of ownership for at least 30 years.
The “Link Deed” Checklist
The Mother Deed
The oldest document tracing the property’s origin or subdivision.
Intervening Deeds
Every sale, gift, or partition between the Mother Deed and the current seller. If A sold to B, and B sold to C, C must possess the A-to-B deed.
Lost Deed Protocol
If an original link deed is lost, the seller must provide a General Diary (GD) entry from the police and a Certified Copy (CC) from the Registry Office.
4. The “Hal” vs. “Sabek” Dag Dilemma
A major cause of mutation rejection is the mismatch between Plot Numbers (Dag No) in old deeds versus current government records.
Understanding the Shift
- Sabek Dag: Old plot numbers from the RS (Revisional Settlement) era (1960s).
- Hal Dag: Current plot numbers under the LR (Land Reforms) settlement.
The Action Plan
5. Decoding the Parcha (ROR)
The Record of Rights (Parcha) is the definitive proof of possession. Novice buyers often confuse the “Khatian” and “Dag”.
Dag Number (Plot)
Represents the Geography. It identifies the specific piece of land on the map.
Khatian Number (Ledger)
Represents the Ownership. One Dag can have multiple Khatians (if multiple owners share the land).
The “Share” Calculation
Always check the “Share” column (e.g., 0.5000). Ensure the seller’s Khatian actually covers the area they are selling. If they own 50% of a 4-cottah plot, they can only sell 2 cottahs.
7. Jadavpur & Colony Land (RR&R)
Large swathes of South Kolkata (Jadavpur, Tollygunge, Bijoygarh) were settled by refugees. These lands are governed by the Refugee Relief & Rehabilitation (RR&R) Department.
The “Freehold Deed” Requirement
Possession without title is “Jabar Dakhal”. You must ensure the seller has received the specific “Freehold Title Deed” from the RR&R Department. Check for a 10-year lock-in period often attached to these deeds.
8. The “Pukur” (Water Body) Trap
S. 4C
WBLR Act
Strictly prohibits conversion of water bodies >5 cottahs.
Physical vs. Legal Reality
A plot may be physically dry, but if the ROR says ‘Doba’, ‘Pukur’, or ‘Jalasaya’, you cannot build. The state can order restoration under Section 17A.
9. The Double Mutation Protocol
In KMC areas, “Tax Mutation” is not “Title Mutation”.
1. Municipal Mutation
Issued by KMC. Purpose: Property Tax. Output: Assessee No.
2. BL&LRO Mutation
Issued by Land Dept. Purpose: Legal Title. Output: Khatian No. Mandatory for Sale.
10. Salt Lake & New Town (Leasehold)
These are 999-year Leasehold lands owned by the Urban Development Department.
- No Freehold Title: You become a Lessee, not an owner.
- Permission of Transfer: Mandatory from Nagarayan Bhawan before registration.
- Transfer Fees: Significant government fees apply based on plot size.
11. Joint Venture Allocation Risks
Typical JV Distribution Structure
The Allocation Breach
Developers cannot sell the Landowner’s share. Always demand the registered “Supplementary Deed of Allocation”.
12. Cooperative Societies
Nominee is NOT Owner
In a Cooperative Society, a Nominee is a trustee. Ownership requires consent from all legal heirs. You must transfer the Share Certificate and obtain a “No Objection” from the Society Board.
13. The GPA Trap
Following the Supreme Court ruling in Suraj Lamp & Industries, a General Power of Attorney (GPA) does not convey title.
Valid vs. Invalid
14. The 0.5% Gift Deed Benefit
| Transaction | Stamp Duty | Eligibility |
|---|---|---|
| Standard Sale | 5% – 7% | Anyone |
| Family Gift | 0.5% | Spouse, Child, Parent, Sibling, Grandparent/child. |
15. TDS Compliance (1%)
For properties > ₹50 Lakhs, Buyer must deduct 1% TDS, deposit via Form 26QB, and issue Form 16B. Failure attracts heavy penalties.
16. Home Loans & MOD
West Bengal requires the registration of the Memorandum of Deposit of Title Deeds (MOD).
The Process
- Bank takes custody of Original Deed (IGR Receipt).
- Buyer pays 0.25% – 0.5% Stamp Duty on the loan amount for MOD.
- Buyer signs “Letter of Continuity”.
17. Ceiling & Inheritance
Inheritance (Warish)
Requires Warish Certificate (Municipality), Death Certificate, and Partition Deed (if divided).
Urban Land Ceiling
Ensure the seller does not hold land in excess of the ceiling limit, or it may vest to the state.
18. GST: Under-Construction vs. Ready
Unlike Stamp Duty, GST applies only to “Services” (Construction). Once a property has a Completion Certificate (CC), it is defined as “Immovable Property” and is GST Exempt.
| Status | Category | GST Rate |
|---|---|---|
| Under Construction | Affordable (< ₹45L & < 60sqm) | 1% |
| Under Construction | Non-Affordable / Luxury | 5% |
| Ready to Move | Issued with Completion Certificate | 0% (Exempt) |
19. The Probate Mandate (Kolkata Specific)
Under Section 213 of the Indian Succession Act, 1925, the executor MUST obtain Probate for any Will made in Kolkata or pertaining to immovable property in Kolkata.
Why It Matters
Without Probate, the Will is technically valid but cannot be used to establish title in court or register a property transfer. A simple “Will” is not enough for a Deed.
The Process
1. Apply to District Judge/High Court.
2. Court issues Citations (Notices) to all legal heirs.
3. If no objection, Probate is granted (Court fees apply).
20. Restricted Zones: EKW & Metro
East Kolkata Wetlands (EKW)
Protected under the Ramsar Convention. The EKW Management Authority enforces a Zero-Construction Policy in designated mouzas (parts of Salt Lake, Anandapur, etc.). Always check if the dag falls in the “Wetland Balance” map.
Metro Railway Buffers
Construction within 50 meters of any Metro alignment (Underground or Overhead) requires a specific NOC from KMRC/Metro Railway authorities to ensure foundation safety.
21. Land Conversion (Section 4C)
Building a house on land classified as ‘Shali’ (Agricultural) is illegal. You must change the nature of land to ‘Bastu’ (Homestead) or ‘Commercial’ via the Block Land & Land Reforms Office (BL&LRO).
The Process
- Apply online via Banglarbhumi with current Parcha.
- Physical inspection by the Revenue Inspector (RI).
- Payment of Conversion Fee (approx 10% of market value).
- Issuance of new Conversion Certificate.
The “Retrospective” Fine
If you built a house years ago on Shali land without conversion, you can apply for “Retrospective Conversion”. However, you must pay a fine/penalty in addition to the standard fee.
22. NRI Power of Attorney Protocol
An NRI cannot simply sign a Power of Attorney (PoA) in the USA/UK and mail it to Kolkata. It has no legal validity unless “Adjudicated”.
The Mandatory 3-Step Chain
Execution Abroad
Signed in front of the Indian Consulate/Embassy officer or Apostilled.
Arrival in India
Document is couriered to the Attorney Holder in West Bengal.
Adjudication
Within 3 months, submitted to the “Collector of Stamps” to pay Duty.
23. The “10% Rule” (RERA Sec 13)
Do NOT pay >10% without Agreement
Under Section 13 of RERA, a developer cannot accept more than 10% of the property cost as an advance or application fee without first entering into a registered “Agreement for Sale”.
24. The Caretaker Risk (Adverse Possession)
Leaving a property under the care of a friend or staff member for over 12 years without a formal agreement is dangerous. Under the law of Adverse Possession, they can claim ownership.
The “Leave & License” Shield
Never allow possession without a registered Leave and License Agreement (not a Tenancy Agreement). This confirms that possession is “permissive” and not “hostile”, preventing any adverse claim. Renew this every 11 months.
The 12-Year Clock
If a squatter occupies your land openly and without your permission for 12 continuous years, and you fail to file a suit for eviction, your right to the property may be extinguished (Limitation Act, 1963).
25. RERA Defect Liability (5-Year Warranty)
Under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016, the developer is liable for structural defects for 5 years from the date of handing over possession.
Mandatory Repairs
If you notice cracks, seepage, or structural faults within 5 years, you must notify the developer in writing. The developer is legally bound to rectify it free of charge within 30 days. If they refuse, you can file a complaint with WBRERA for compensation.
26. Buying Property from a Minor
Strict Prohibition
A natural guardian (parent) CANNOT sell immovable property owned by a minor (under 18) without the explicit permission of the District Judge (Section 8 of the Hindu Minority and Guardianship Act, 1956).
The Risk: If you buy land from a father on behalf of his minor son without court orders, the minor can challenge and void the sale upon turning 18. The deed becomes voidable.
27. Mutation Mechanics: Separation & Amalgamation
Beyond simple name transfer, KMC Mutation includes two complex processes critical for redevelopment or partition.
Separation (Apportionment)
Scenario: Two brothers inherit a house and want separate tax bills and building plans.
Process: Requires a Registered Partition Deed first. Then apply to KMC for “Separation of Assessee Number”. Without this, you cannot sanction a plan for just ‘your half’.
Amalgamation
Scenario: You buy two adjacent small plots to build a large apartment.
Process: The plots must be contiguous (touching). You must apply for “Amalgamation” to merge them into a single Assessee Number. This increases the total land area, potentially allowing for a higher building height (FAR).
28. The “Partial CC” Risk (Occupancy Laws)
In Kolkata, moving into a flat without a Completion Certificate (CC) is illegal. However, developers often issue a “Partial CC” to handover early possession.
| Document | Validity | Risk Level |
|---|---|---|
| Full CC | Entire building is safe & approved. | Safe |
| Partial CC | Specific blocks/floors are approved. Common areas may be incomplete. | Moderate |
| No CC | Possession is illegal. Water/Electricity will be at commercial rates. | High (Illegal) |
29. Breach Remedy: Specific Performance
The Legal Weapon: Suit for Specific Performance
Under the Specific Relief Act, 1963, you can file a suit asking the Court to *force* the seller to execute the deed. You don’t just want your money back; you want the property.
30. The “Nomination Fee” Trap
If you book an under-construction flat and wish to sell it before Registration (conveyance), you are technically “nominating” a new buyer.
The Cost Reality
Most developers charge a heavy fee (e.g., ₹200-₹500 per sq. ft.) to process this change. This is often arbitrary and not standardized.
Legal Tip: Negotiate this cap BEFORE signing the initial Agreement for Sale.
Tax Implication
For the new buyer, the cost of acquisition is the original price + nomination premium. However, banks may only fund the original developer value, forcing the buyer to pay the premium in cash/own funds.
31. Force Majeure Clauses (Post-Pandemic)
Since 2020, developers have expanded “Force Majeure” clauses to excuse indefinite delays.
Red Flag Wording
Avoid clauses that include vague terms like “shortage of material” or “economic downturn” as Force Majeure. These are business risks, not Acts of God.
The RERA Standard
RERA strictly defines Force Majeure as war, flood, drought, fire, cyclone, earthquake, or any other calamity caused by nature. It does not include lack of funds or labor.
32. Boundary Disputes: The Amin Protocol
Disputes over encroachment are common in vacant land sales. A private surveyor’s report is often challenged in court.
The “Sarkari Amin” Advantage
To get indisputable evidence, apply to the BL&LRO for a “Demarcation” by a Government Amin.
- Notice: The Amin sends notices to all adjacent plot owners.
- Survey: Measures land using the official Mouza Map.
- Report: The Amin’s report is admissible in court as primary evidence of possession and boundary lines.
33. 2026 Transaction Cost Estimator
Stamp Duty
₹0
Registration Fee
₹0
Total Government Cost
₹0
Time Investment vs. Legal Safety
Interactive Due Diligence Filter
Evaakil for NRIs
Distance is a vulnerability. We provide physical verification of Index II volumes (30 years), possession checks, and litigation screening in local courts.
