Agricultural Land

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Agricultural Land

 

Q: Which documents are required for compulsory registration?

 

Ans - The following documents are required for registration:

  1. Instruments of gift of immovable property.
  2. Non-testamentary instruments.
  3. Leases of immovable property

 

Q: How is registration fee levied?

 

    Ans - The registration fee is levied on the market value of property, based on which the stamp duty is charged. The following immovable property transactions are:

    1. Conveyance
    2. Exchange
    3. Gift
    4. Partition
    5. Transfer of Lease by way of Assignment
    6. Sale
    7. Settlement
    8. Power of Attorney given for consideration, and
    9. Authorizing the Attorney to sell the property.

     

    For lease, the amount of registration fees will be dependent either on the premium or on the sum payable under the lease or period/periods of lease.

     

    Q. What is the purpose of Registration?

     

    1. Property transfer does not take place. By Registration of transaction of immovable property will become permanent public record.
    2. The document is received as any evidence of transaction. This is a notice to the general public. According to Transfer of Property Act, 1882 the rights, title or interest can be acquired only if the deed is registered.

     

    Q. How is immovable property described during registration purposes?

     

    Ans - The description of property includes:

    1. Area of property
    2. Number of Property
    3. Boundaries of property
    4. Name of street and village where it is located.

     

    Q. Is it mandatory to register all the documents related to property transactions?

     

    Ans - No. As per Section 18 of the Act, the instruments for which registration is optional are listed as under:

    1. Instruments relating to the transfer of an immovable property, the value of which is less than one hundred rupees.
    2. Acknowledgement of receipt, payment of any consideration for creation, declaration, assignment, limitation or extinction of any right, title or interest in immovable property for a term not exceeding one year.
    3. Lease of an immovable property for a term not exceeding one year.
    4. Instruments transferring any decree or order of a court where the subject matter of such decree or order is an immovable property whose value is less that one hundred rupees.
    5. Wills.

     

    Q. What are the effects of non- registration?

     

    Ans - If a deed of transfer, which is compulsorily registerable, is not registered it will not be admissible in evidence and the benefit of title and interest will not pass on to the proposed buyer.

     

    Q. Is there time limit to present a document for registration after it is executed (signed)?

     

    Ans - All documents except Wills have to be registered within four months from the date of execution (signature). If a document is executed out of India, the period of four months will be counted from the date of its receipt in India. (Section 23)

     

    In the event of a delay, the Act provides that the document may be presented within another four months with a penalty of maximum of ten times the registration fees, if the District Registrar grants permission. It prescribes four months time to the executant for appearing before the registering officer to admit execution thereof. (Section 34)

     

    Wills can be presented at any time before any Registrar or Sub-Registrar, by the testator, or after his death by any person claiming as executor or otherwise.

     

    Q. What are the specifications for registering a will?

     

    Ans - Wills can be registered at any point of time.

     

    Q. Who all are competent to be present at Sub-Registrar Office at the time of registration?

     

    1. Executor
    2. Representative of Executor
    3. Assignee of Executor
    4. Agent of Executor

     

    Q. When does Power of Attorney become functional?

     

    Ans -The following circumstances warrant registering the document for the Power of Attorney to become functional.

    1. If the executor resides in India and law requires so.
    2. If executor does not resides in India
    3. If the executor is not in a condition to report in front of officials.

     

    Q. What documents are required at the time of Registration?

     

    Ans - The following documents are required for Registration:

    1. Passport sized photographs of both parties.
    2. Proof of identification of parties involved.
    3. NOC from Tehsildar
    4. Income Tax clearance Certificate
    5. Permission from appropriate Authority

     

    Q. Is the Registration of a document relating to the transfer of a property in an unregistered society compulsory?

     

    Ans - Yes, in such circumstances it is advisable to register such a type of document.

     

    Q. What are those documents for which registration is optional? Under what circumstances can registration of documents be refused?

     

    Ans - The normal grounds for non-registration of documents are:

    1. Document is found opposed to public policy.
    2. Parties do not comply with the formalities as laid down by the Registration Act or by any reason by which the registering authority is not satisfied.
    3. The Survey No. of the property does not feature in the documents.
    4. The language in the document is different from the language that is normally prevalent in the area where the office of the registering authority is situated.

     

    Q. Who can present the document for registration?

     

    Ans - Under Section 32 of the Registration Act, 1908, subject to certain exceptions, every document which is to be registered under the provisions of the Act should be presented at the proper registration office by (a) the concerned person himself/herself, or (b) the representative or the agent of such a person duly authorized in a manner as is stated in Section 33 of the Registration Act, 1908.

     

    Q. Can a document relating to an immovable property in India be executed out of India? If so, can it then be registered in India?

     

    Ans - Yes, a document relating to an immovable property can be executed out of India and later it can be presented for registration in India. As per Section 26 of The Registration Act, 1908 if a document purporting to have been executed by all or any of the parties out of India is presented for registration within the prescribed time, the Registering Officer may, on payment of proper registration fee, accept such document for registration if he is satisfied that:

    1. the instrument was executed out of India.
    2. the instrument has been presented for registration within four months after its arrival in India.

     

    Q. Recently Agreements of Sale have been made compulsorily registerable. Can it be treated the same as a title deed?

     

    Ans - No. The Agreements of Sale cannot be treated as title deeds, although they are compulsorily registerable. Any agreement of sale of immovable property will give a right to its holder to obtain a sale deed in his favour as per its terms and conditions. Registration will enhance its evidentiary value and credibility.

     

    Q. What are compulsorily registerable documents?

     

    Ans - All documents relating to sale, exchange, gift, gift settlement, partition, mortgage, lease, agreement of sale, consent (iqbal) decrees, etc., of immovable property of the value of one hundred rupees and above are compulsorily registerable. (Vide Section 17(1) of the Registration Act, 1908).

     

    Q. Is it necessary to incorporate full description of the property in the documents?

     

    Ans - Yes. The full description along with the four boundaries of the property to which a document relates shall be set forth in the document. It should be with reference to the Survey No./Town Survey No./ House No. and the village/Street/Locality, etc., and four boundaries. All the details necessary and sufficient to locate and identify the property should be furnished (Sections 21 and 22).

     

    Q. Which are the annexure(s) to be enclosed in the case of agricultural land registration?

     

    Ans - The following documents must be enclosed as an annexure:

    1. Land ceiling form.
    2. Patta transfer application.
    3. Title deed and pattadar pass book as required under ROR Act.
    4. If the value of properties exceeds 5 lakhs Income Tax Clearance Certificate from the Income Tax Department.