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Registration

 

Q : What is Registration?

 

Ans: The procedure of recording documents with the concerned officials is called Registration.

 

Q : Which documents require compulsory registration?

 

Ans: The following documents require 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 without registration. By Registration of transaction, the immovable property will become permanent public record.
  2. The document is received as an 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.

 

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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? What are those documents for which registration is optional?

 

Ans: No. As per Section 18 of the Indian Registration Act, 1908, 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.

 

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Q: What are the effects of non- registration?

 

Ans: If a deed of transfer, which is compulsorily registrable, 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)?

 

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.

 

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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.

 

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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.

 

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Q: Under what circumstances can registration of documents be refused?

 

Ans - The normal grounds for non-registration of document/s 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 document/s.
  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.

 

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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).

 

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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.

 

Q. How ownership of immovable property is acquired by a person?

 

Ans. A person may acquire immovable property in any of the following way:

 

  1. By inheritance of ancestral property.
  2. Through will.
  3. Acquisition by oneself such as purchase etc.
  4. Through gift, trust, settlement deeds.
  5. Grant, sanad / Inam by the Government

 

Through decree of Court.

 

There are two ways of acquisition:

1.By act of parties.

Example: Purchase, gift etc.

 

2. By operation of law

Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act))

 

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Q: Is it necessary to register in Office of the Sub Registrar to get khata transferred in respect of property acquired by inheritance?

 

Ans. Not necessary. After the death of owner of a property his heirs, such as wife, children i.e. male and female, married or unmarried may get the Khata transferred on production of death certificate of the owner with details of property held by him to the following officers.

 

Q: Which are the documents requires to be compulsorily registered?

 

  1. Gift deed of immovable property.
  2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
  3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;
  4. Leases of immovable property from year or for any term exceeding one year, or reserving a yearly rent;
  5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
  6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A

 

Q: What is the purpose of Registration?

 

  1. By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered.
  2. According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.

 

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Q: What are the effects of non-registration?

 

Ans: If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)

 

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

 

  1. Document may be presented for registration within four months from the date of execution (signature).
  2. If a document is executed out of India, the period of four months will be counted from the date of its receipt in India.
  3. After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration.

 

Q: What is the day today timing for acceptance of deeds for registration in Sub Registry offices?

 

Ans: Generally deeds are accepted during working hours. Sub Registrar may stop accepting two hours before closing time if he has sufficient work to attend in respect of deeds already received for registration. Provided deeds may be accepted in emergency cases on payment of extra fee of Rs.200 one hour before sunrise and one hour after sunset and on holidays.

 

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Q: Can the document presented for registration be withdrawn?

 

Ans: Registering officer may permit withdrawal of the document before completion of registration on written request by the party who presented the document. Fifty percent of the registration fee is refundable. Likewise Stamp duty is also refundable subject to deductions.

 

Q: Who should be present at the time of registration?

 

Ans: A deed may be presented for registration either by claiming or executing party but the executant / executants must be present to admit execution (signing) of the deed (Please see Sec.32 of Registration Act 1908).

 

Q: What is the course, if executing party refuses to appear in Registry Office to admit execution?

 

  1. In such circumstances, registering office will issue notice/ summons to the Executant. If the party does not turn up registering officer will refuse registration.
  2. Application may be made to the District Registrar on such refusal to the District Registrar who will hold enquiry and decide the case. Rs.250 should be paid for such application.
  3. One may submit appeal to the Civil Court if District Registrar also refuses to order for registration (For details please see Sec.73, 74, 75, 76 & 77 of Registration Act 1908).

 

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Q: Who can sign as witness to a document?

 

Ans: Any person, above 18 years of age and not a party to the document may sign as witness.

 

Q: What is meant by Identifying witness of person presenting/executing a document?

 

Ans: In order to identify genuineness of the persons executing the document, signature of identifying witness are obtained. Without such witness, registering officer may refuse registration.

 

Q: How to obtain Certified Copy of registered document?

 

Ans:

  1. Any person may obtain certified copy of registered document relating to immovable property.
  2. Certified copy of registered will may be obtained only by the testator only during his lifetime. Any person may get copy of a will after the death of the testator on production of death certificate.
  3. Copies of registered deed of GPA and other documents relating to movables may be obtained by executant / claimant or agent, representative of such person only.

 

Stamp paper of Rs.10 is required to be produced along with the application and copying fee of Rs.3 for every page of Xerox copy or Rs.5 for every 100 words or part thereof is to be paid.

 

Points to be noted by registering public for registration of a document

 

No. Do's Don'ts

1

Meet registering officer directly for your work

Do not depend on middlemen for your work

2

Pay the fees required to be paid directly to the

registering officer and obtain receipts

Do not pay money to the middlemen.

3

Market value of each area is published. Pay stamp duty as

per market value

Purchase stamp papers from licensed stamp vendors only. Beware of fake stamp papers

4

Verify whether date of delivery of the registered

deed is written on the receipt. Keep the receipt

securely with you only

Don't handover receipt to middlemen.

 

5

Get information records to be produced for registration

in the registry office

Don't go for registration without necessary records.

 

6

Fee for drafting/writing documents are prescribed.

Pay accordingly and obtain receipts for it

 

Don't pay without receipt. Do not pay fee for drafting and registration together if demanded. Pay Registration fee directly in the office.

7

Contact higher authorities for any doubts and complaints.
 

Do not conceal your feelings about the officer or staff. Inform the higher authorities.

8

Obtain registered deeds personally or through registered

post.  

Do not depend on middlemen for return of document after registration.

9

Note true market value of property

Under valuation is an offence.

 

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Q: Where can I register my immovable property ?

 

Ans: Documents pertaining to immovable property shall be registered in the Sub-Registrar office in whose jurisdiction the property is situated

Or

If you have any problem with the Sub-Registrar's office please approach the District Registrar of your district.

In Bangalore Urban district still if you have problem in registration you can visit the Office of the Inspector General of Registration where your registration work pertaining to Bangalore Urban district will be attended.

 

Q: Where are documents related to immovable property registered?

 

Ans: A document is registered with a sub-registrar of a district in which the whole or some portion of the immovable property is situated. A document registered with a sub-registrar who does not have jurisdiction is null and void.

 

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Q: What are the documents of which registration is compulsory under the Indian Registration Act, 1908?

 

Ans: The following documents are required to be registered compulsorily under the Indian Registration Act, 1908:

 

  1. Instrument of gift of immovable property;
  2. Other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in future or in present, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards to or in immovable property.
  3. Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of creation, declaration, assignment, limitation or extinction of any such right, title or interest ;
  4. Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent. But the State Government may publish an order in official gazette exempting any district or a part of a district or a lease that does not exceed the term of five years and the annual rent of which does no exceed Rs. 50/- .
  5. Non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare assign, limit or extinguish, whether in future or in present, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards to or in immovable property.
  6. Authorities to adopt a son that is not conferred by a will.

 

The important thing that should be kept in mind is that the Registration Act deals with only the documents and not transactions. In Abdullah Sahib v. Rahamatullah Sahib, AIR 1960 Mad 274 it was held that the registration is obligatory when the transaction is reduced to writing. It was held in Rosan Singh v. Zail Singh AIR 1988 SC 881 that a bare agreement to divide properties amongst the co-sharers would not require registration, but if the writing itself effects the division, it must be registered.

 

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Q: When should a document be registered?

 

Ans: Every document other than a Will should be presented for the registration within four months from the date of its execution. But there is no period fixed within which the registration must be completed.

 

Q: How can a document be registered after the lapse of four months?

 

Ans: A ''Deed of confirmation'' will have to be prepared, signed and attached to the original Conveyance Deed

 

Q: Does the Agreement of Sale have to be registered?

 

Ans.: In many states in India, the Agreement of Sale between the builder and purchaser is required by law to be registered. You are advised in your own interest to lodge the agreement for registration within four months of the date of the Agreement at the office of the Sub Registrar appointed by the State Government, under the Indian Registration Act, 1908.

 

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Q: What are the pre-requisite for a document to be registered in time?

 

Ans: The following are the pre-requisites for registration of a document:-

 

For Lands / sites:

 

  1. Stamp Duty receipt or valuation that the stamp duty has been paid according to the market value of the property
  2. Khata and up to date Tax-paid receipt
  3. Up to date Encumbrance certificate
  4. Conversion orders and NOC certificates from relevant Govt. authorities
  5. Approval from ‘Competent Govt. Authorities’
  6. Copy of Parent sale deed / prior sale deeds
  7. Paani and RTC copies for the property
  8. Execution by the parties in front of Sub-registrar
  9. Receipt showing proper registration fees paid.

 

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