Friday, 10 October 2014


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All documents don't need registration mandatorily. The Transfer of Property Act, 1882 and also the Indian Registration Act, 1908 have created registration of bound documents mandatory whereas in respect of bound alternative documents it's nonobligatory. in step with Section seventeen of the Indian Registration Act, 1908 registration of documents is mandatory if they relate to an stabile property.  Similarly, Section fifty four of Transfer of Property Act 1882, stipulates that sale of immovable propertythe worth of that is 100 rupees or additional ought to be registered. Since no immovable property is out there for rupees 100 or but rupees 100, implicitly all sale deeds of stabile property want mandatory registration.   
Most of the instruments handling the stabile property for making, declaring, assigning, limiting or conclusion any right, title or interest within the property need mandatory registration, as enumerated below the Indian Registration Act, 1908. For death penalty an instrument, the primary and also the foremost facet to be thought-about is that the nature of the proper supposed to be transferred. If the document falls inside the class of the documents that warrants mandatory registration, any avoidance of registration of such document would invalidate the document itself.  For documents which require mandatory registration certain procedures are prescribed. 

Time limit for registration
Under Section twenty three of the Registration Act, subject to bound exceptions, any document apart from a can should be given for registration inside four months from the date of its execution.  Execution means that sign language of the document. it's not uncommon that the date of execution and also the date of registration may differ. For the non-testamentary documents like Sale Deed, Gift Deed, title, etc, the deadline inside that the document should be registered is four months from the date of execution. Decrees drawn in terms of Compromise Petition whereby shares of the parties ar assigned by metes and bounds need registration. 

Even for registration of the court decree, four months time limit is stipulated below the Act. If the document is dead by all or any of the parties residing abroad, identical is accepted for registration within four months from the date of receipt of the document in India. Just in case of doubt on the validity of registration, the document is also re-registered within four months from the date when it's noticed that the registration is invalid or of doubtful validity. Wherever a document is dead by many persons at completely different times, it ought to be given inside four months from the date of the most recent execution for registration. If a document isn't given for registration inside the prescribed amount of 4 months and also the delay in presentation of the document doesn't exceed an additional amount of 4 months, then the parties will apply to the Registrar for registration of the document who might direct, upon payment of fine not surpassing 10 times the particular registration fees, for registration of such a document [Sec.25].

A document with reference to an stabile property is executed out of Asian nation and later it is given for registration in India.  As per section twenty six of the Registration Act, 1908, if a document purporting to possess been dead by all or any of the parties out of india is given inside the prescribed amount of your time for registration, the Registering Officer might, on payment of correct registration fee settle for such document for registration if he's happy that the instrument was dead out of Asian nation and also the instrument has been given for registration inside four months once its arrival in India.

Fees of Registration
Fees charged for the registration or looking out the register ar prescribed by State Governments through Notifications.

Testamentary instrument
In case of instrument instrument, that is, Will, registration is nonobligatory and deadline isn't prescribed. It is registered any time before the death of the person. How-ever, it's recommended to register identical as presently as attainable so as to avoid disputes regarding the genuineness of its execution. just in case of registration of can, identical is also given by the person throughout his life time and once his death, by the beneficiary or the administrator, for registration.

A can is also deposited with the Sub-Registrar in a sealed cowl and such deposit is also done through an agent. once the death of the person, the sealed envelope are opened and also the contents recorded within the relevant register maintained within the Sub-Registrar's workplace. The initial copy of the 'Will' are within the custody of the Sub-Registrar.

Jurisdictional Sub-Registrar Offices
Generally documents need to be given for registration solely at the Sub-Registrar's workplace inside whose jurisdiction the stabile property is set. However, in bound exceptional cases, documents is also given for registration with the Registrar who has been presented with the ability to register the documents. In fact, Sub-Registrars are unconditional with the special power to register the document at the residence or workplace of the executants or to simply accept deposit of can.

Presentation of the document
Documents that need obligatory registration need to be given within the involved Sub-Registrar workplace for registration by the executants or person claiming below the Decree. However, in bound cases, the representatives of the Executants, punctually approved below Power of professional person, also can execute identical on behalf of the Executants. an influence of professional person holder will execute the document, representing the Principal given that an authority has been unconditional in him below Power of professional person, that is echt by the Registering authority inside whose jurisdiction the Principal resides. If the Principal doesn't reside in Asian country, then the ability of professional person ought to be dead before and echt by a functionary or any Court, Judge, Magistrate, india|Bharat|Asian country|Asian nation}n diplomatist or Vice-Consul or the Representative of Central Government therein country and also the same is needed to be given with the involved registrar in India with in a very amount of 3 months of its receipt in India. once a document has been dead by over one executants and once execution of identical, one amongst the executants refrain from attending the involved Sub-Registrar's workplace for registration, then the remaining performers will compel group action of the executant reluctant to be gift before the registering authority through the method of law.

Enquiry by the Registering authority
The Registering Officer is sceptred below sec. thirty four of the Registration Act to enquire whether or not or not the person is that the same by whom it purports to possess been dead such a document.He might put in force production of proof for his identity and just in case anyone is showing as a representative or agent, the Registrar might kindle relevant documents to indicate that the agent or representative has the proper to seem on behalf of his principal.     

Effect of non-registration
What would be the repercussion if a document which needs mandatory registration isn't registered? Section forty nine of Indian Registration Act deals with this case. It states clearly that such un-registered documents don't convey to the transferee a wrongfully valid title and such documents don't seem to be admitted as proof for any dealing poignant the property remarked within the document. However, there's an exception provided within the Act. The unregistered documents is also admitted as proof in a very suit for carrying out below Specific Relief Act or in the other connected dealing, not needed to be settled below a registered instrument. 

Documents are principally registered for conservation of proof, assurance of title, and to assist an intending customer to grasp if the title deeds of a selected property are deposited with any institution or person for purpose of getting loan or advance against security of the property. Registration of documents acts as notice to the general public and to safeguard oneself against the probably fraud. Therefore, it's recommended to register all documents connected with the stabile property regardless of whether or not the registration is mandatory or not because it creates a permanent record of event that are mirrored in encumbrance certificates. 

As registered documents have higher price of proof than unregistered documents it's perpetually useful to you if you  get all of your property documents registered inside the stipulated amount regardless of the actual fact that such registration is obligatory or not. 

After acceptive the document for registration, the Registering authority shall endorse the document concerning affixation of the signature of the performer, payment of thought, date and alternative relevant particulars. If registration is declined by either of the party, identical shall be supported on the document itself. with the exception of this, the Registering authority shall additionally endorse on the Document the number, Book variety, pages, volume or CD variety and affix the seal of the workplace of the Sub-Registrar. Such a Certificate shall be derived within the Register meant for the aim and replica of the map or arrange, if any, shall be filed in Book No.1. Thereafter, the registered document are came to the one that has given identical for registration or to his representatives.


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