Frequently Asked Questions
Registration of Documents
- By Adv. R. P. Rathod.
Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document.
The documents are registered for the purpose of conservation of evidence, assurance of title, publicity of documents and prevention of fraud. Also, registration helps an intending purchaser to know if the title deeds of a particular property have been deposited with any person or a financial institution for the purpose of obtaining an advance against the security of that property.
Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered;
a) Instruments of gift of immovable property
b) Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
c) Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.
Under section 2 (6) of the Registration Act, 1908 the term “Immovable property” includes: “Land, buildings, hereditary allowances, rights to ways, lights, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops nor grass.”
Section 28 of the Registration Act, 1908 states that all documents of which registration is compulsory if it relates to an immovable property as well as a few documents of which registration is optional should normally be presented for registration in the office of Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situated.
Under Sections 31 of the Act, a provision has been made authorising the Registering Officer, on special cause being shown (for instance if the person is physically handicapped) to attend at the residence of any person desiring to present a document for registration and accept for registration such a document or a “Will”, provided Registering Officer is satisfied about the special cause shown is sufficient.
For registration of any instrument, the original document which should be typed/ printed on one side only along with one photocopy of the original have to be submitted to the Registering Officer. The copy is required to be photocopied only on one side of the paper.
The registration procedure also requires the presence of two witnesses and the payment of the appropriate registration fees. On completion of the procedure, a receipt bearing a distinct serial number is issued.
The State Government has been empowered to fix the fees for registration of the document. The registration fees at present fixed for registering documents relating to property transactions are approximately 1% of the consideration of the document but subject to a maximum limit of Rs. 30,000/-.
The registration fee for the following immovable property transactions is leviable on the market value of property on which stamp duty is charged.
The transactions are as under :
5. Transfer of Lease by way of Assignment,
8. Power of Attorney given for consideration and
9. Authorising the attorney to sell the property.
Section 32 of the Registration Act, 1908 deals with the provisions relating to the presenting of documents for registration by a person. 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 authorised in manner as is stated in Section 33 of the Registration Act, 1908.
The language of a document presented for registration should be in a language commonly used in the district existing in the State. Under section 19 of the Act, the Registering Officer is empowered to refuse to register a document if it is presented for registration in a language which is not commonly used in the district unless the document is accompanied by a true translation into a language commonly used in the district and also by a true copy.
Section 21 of the Act deals with the provisions relating to the description of an immovable property along with maps or plans. It is always necessary, with a view to identify the property involved in a document, that the description of the property is mentioned in a separate schedule, preferable with maps or plans, so as to enable the Registering Authority to make notes in the books to be preserved.
The description should mentioned the area of the property, the number of the property, the boundaries of the property, the streets on which it is situated, along with the name of the village, Taluka, district. The city Survey Number, with Hissa Number if any, should also be mentioned. It is the discretion of the registering officer to refuse to accept a document if the description of the immovable property is not sufficient to identify the property correctly.
Section 18 of the Act lays down the instruments of which registration is optional. Some of these instruments are listed as under :-
a) Instruments (other than instruments of gifts and wills) relating to the transfer of an immovable property, the value of which is less than one hundred rupees.
b) Instruments acknowledging the receipt or payment of any consideration.
c) Lease of an immovable property for a term not exceeding one year.
d) Instruments transferring any decree or order of a court where the subject matter of such decree or order is an immovable property, the value of which is less that one hundred rupees.
Yes, registration is necessary under the provisions of this Act. Under Section 41 (1) of the Maharashtra Ownership Flats (Regulation of promotion of construction, sale, management and transfer) Act, 1963, it is laid down that notwithstanding the provisions of any other laws, the agreement in respect of flats to be sold by the owner/promoter/developer to the flat purchaser requires compulsorily to be registered under the Registration Act.
Yes, registration is necessary under this Act. Under Section 13 of the Maharashtra Apartment Ownership Act, 1970 it is necessary on the part of the owner/owners to execute a declaration with regard to description of the land on which the building and improvements are to be located, including the number of storeys, basements, number of each apartment, area of each apartment, number of rooms and immediate common area etc. Along with a set of floor plans of the building showing the layout, location, and dimensions of the appurtenance and bearing the verify statement of an architect certifying that the same is an accurate copy of the floor plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located.
According to Section 49 (c) of the Act, if a document, of which registration is compulsory under Section 17 of Registration Act, has not been registered, it cannot be produced as evidence in a Court of Law.
Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be presented for registration Within Four Months from the date of its execution. The term “execution” means signing of the agreement. Under the present rules and regulations, all agreements in respect of a transfer of a premise or an immovable property have to be duly stamped, under the provisions of the Bombay Stamp Act, 1958 before the document is presented for registration.
As per the provisions of Section 25 of the Indian Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and if in such a case the delay in presentation of the document does not exceed a subsequent period of four months, then the parties to the agreement can apply to the Registrar, who may direct that on payment of a fine not exceeding ten times the proper registration fees, such a document should be admitted for registration.
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 :
a) the instrument was executed out of India.
b) the instrument has been presented for registration within four months after its arrival in India.
If the main document/ agreement are registered, then in that event it is always necessary to register the Deed of Rectification too.
The Registering Officer is empowered under Section 34 (3) of The Registration Act, to enquire whether or not such a document was executed by the person by whom it purports to have been executed. In order to satisfy himself, the Registering Officer may ask the person appearing before him to prove his identity. In the case of any person appearing as a representative or agent, the Registrar may ask for relevant documents which show that has the right to appear on behalf of his Principal. After carrying out such an enquiry, the Registering Officer is entitled to refuse the registration of a document if he is not satisfied with his findings.
Where the refusal order/ direction of the Registrar/ Sub-Registrar is on the ground other than that of denial of execution, the appeal lies to the Registrar under Section 72 of the Act. On such a refusal to admit a document for registration, any person wishing to register the same should, within 30 days from the date of refusal, appeal to the Registrar to whom such Sub-Registrar is subordinate, in order to establish his right to have the document registered.
In such an event, under Section 74 of the Act, the Registrar may enquire whether the document has been executed and whether the requirements of the law currently in force have been complied with on the part of the applicant or the person presenting the document for registration, as the case may be, so as to admit the document for registration.
For the purpose of an enquiry, as per Section 74 (4) of the Act, the Registrar is empowered to issue summons to enforce the attendance of witnesses and compel them to give evidence as if he were a Civil Court. As per Section 75 (1) of the Act, if the Registrar finds that the document has been executed and that the said requirement had been complied with he can order for registration of the document. As per Section 77 of the Act, when the Registrar refuses to order the document to be registered, any person claiming under such a document or his representative, assignee or agent may within 30 days after making the order of refusal institute a suit in the proper Civil Court for a decree directing the document to be registered.
If all the persons executing the document appear personally before the officer and/ or are personally known to him or if he is otherwise satisfied that they are the persons they represent themselves to be and if they all admit the execution of the document, the Registering Officer should register the document as required under Section 58 of the said Act.
He should endorse the following particulars, namely :
a) The signature and admission of every person admitting the execution of the document in person or by his representative, assign or agent;
b) The signature and admission of every person examined in reference to such a document;
c) Any payment of money or delivery of goods made in the presence of the Registering Officer in reference to the execution of the document and any admission or receipt of consideration made in his presence in reference to such execution.
If any person admitting the execution of a document refuses to endorse the same, the Registering Officer nevertheless is empowered to register such a document but he should endorse a note of such a refusal and as required under Section 59 of the Act, as he should affix the date and his signature to all endorsements made under Sections 52 and 58 of the Act which is relating to the same document.
After completion of all formalities related to registration, the Registering Officer shall endorse on the document a certificate containing the word “Registered” together with the number and page of the book in which the document has been copied. Later, the endorsements and certificate shall thereupon be copied into the margin of the Register book. The copy of maps on plans of any shall be filed in Book No. 1. The registration of the document is then deemed to be completed and the document is returned to the person who presented the same for registration or to such other person if any, who has been nominated in writing in that behalf on the receipt mentioned in Section 52 of the Act. However, such original documents are returned by post or by hand delivery only after the proper procedure for the preservation of the original document has been completed by the Registration Authorities.
As per Section 28 and 29 of the Registration Act the document should be presented for registration at the office of the Sub-Registrar/ Joint Sub-registrar within whose sub district the whole or some portion of the property to which such document relates is situated or in the office of the Sub-Registrar situated.
A person may acquire immovable property in any of the following way:
a. By inheritance of ancestral property.
b. Through will.
c. Acquisition by oneself such as purchase etc.
d. Through gift, trust, settlement deeds.
e. 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))
a. Yes. Any of the co-owners can individually or collectively release his/ their right in favour of one or more collectively as the case may be and make him/ them full owner. This kind of release can be with or without payment of money. This document is called Release.
b. Release can be made not only in case of inherited property but also in case of joint purchase/ acquisition.
Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage sale or any other deeds in respect of a property are registered, encumbrance certificate is issued Form No. 15.
If no deeds of transactions are registered in respect of a property nil encumbrance certificates is issued in Form No. 16. If Certificate is issued in this form, it means that there are no registered transactions/ liabilities on the property for a given period of time unregistered transactions are not included in this certificate.
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 executants/ claimant or agent, representative of such person only.