All documents do not require registration
compulsorily.The Transfer of Property Act, 1882 and the Indian Registration
Act,1908 have made registration of certain documents compulsory while in
respect of certain other documents it is optional.According to Section 17 of
the Indian Registration Act, 1908 registration of documents is compulsory if
they relate to an immovable property.
Similarly, Section 54 of Transfer of Property Act 1882, stipulates that
sale of immovable property the value of which is one hundred rupees or more
should be registered. Since no immovable property is available for rupees one
hundred or less than rupees one hundred, implicitly all sale deeds of immovable property need compulsory registration.
Most of the instruments dealing with the
immovable property for creating, declaring, assigning, limiting or
extinguishing any right, title or interest in the property require compulsory
registration,as enumerated under the Indian Registration Act, 1908. For
executing an instrument, the first and the foremost aspect to be considered is
the nature of the right intended to be transferred. If the document falls
within the category of the documents which warrants compulsory 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 23 of the Registration 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.Execution means signing of
the document. It is not uncommon that the date of execution and the date of
registration may differ. For the non-testamentary documents such as Sale Deed,
Gift Deed, Mortgage Deed, etc, the time limit within which the document has to
be registered is four months from the date of execution. Decrees drawn in terms
of Compromise Petition wherein shares of the parties are allotted by metes and
bounds require registration.
Even for registration of the court decree,
four months time limit is stipulated under the Act. If the document is executed
by all or any of the parties residing abroad, the same can be accepted for
registration within four months from the date of receipt of the document in
India. In case of doubt as to the validity of registration, the document may be
re-registered within four months from the date when it is noticed that the registration
is invalid or of doubtful validity. Where a document is executed by several
persons at different times, it should be presented within four months from the
date of the latest execution for registration.If a document is not presented for registration within the prescribed period of four months and the delay in
presentation of the document does not exceed a further period of four months,
then the parties can apply to the Registrar for registration of the document
who may direct, upon payment of fine not exceeding ten times the actual
registration fees, for registration of such a document [Sec.25].
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 within the prescribed period of
time for registration, the Registering Officer may, on payment of proper
registrat- ion fee accept such document for registration if he is satisfied
that the instrument was executed out of India and the instrument has been
presented for registration within four months after its arrival in India.
Fees
of Registration
Fees charged for the registration or
searching the register are prescribed by State Governments through
Notifications.
Testamentary
instrument
In case of Testamentary instrument, that is,
Will, registration is optional and time limit is not prescribed. It can be
registered any time before the death of the Testator.How-ever, it is advisable
to register the same as soon as possible in order to avoid disputes about the
genuineness of its execution. In case of registration of Will, the same may be
presented by the Testator during his life time and after his death, by the
beneficiary or the administrator, for registration.
A Will may be deposited with the
Sub-Registrar in a sealed cover and such deposit may be done through an agent.After the death of the Testator, the sealed envelope will be opened and the
contents recorded in the relevant register maintained in the Sub-Registrar's
Office.The Original copy of the 'Will' will be in the custody of the
Sub-Registrar.
Jurisdictional
Sub-Registrar Offices
Generally documents have to be presented for
registration only at the Sub-Registrar's office within whose jurisdiction the
immovable property is situated. However, in certain exceptional cases,
documents may be presented for registration with the Registrar who has been
conferred with the power to register the documents. In fact, Sub-Registrars
have been vested with the special power to register the document at the
residence or office of the executants or to accept deposit of Will.
Presentation
of the document
Documents which require mandatory
registration have to be presented in the concerned Sub-Registrar Office for
registration by the executants or person claiming under the Decree. However, in
certain cases, the representatives of the Executants, duly authorized under
Power of Attorney, can also execute the same on behalf of the Executants. A
power of Attorney holder can execute the document, representing the Principal
only if an authority has been vested in him under Power of Attorney, which is
authenticated by the Registering authority within whose jurisdiction the
Principal resides. If the Principal does not reside in India, then the Power of
Attorney should be executed before and authenticated by a Notary Public or any
Court, Judge, Magistrate, Indian Consul or Vice-Consul or the Representative of
Central Government in that country and the same is required to be presented
with the concerned registrar in India with in a period of three months of its
receipt in India. When a document has been executed by more than one executants
and after execution of the same, one of the executants refrain from attending
the concerned Sub-Registrar's Office for registration, then the remaining
executants can compel attendance of the executant reluctant to be present
before the registering authority through the process of law.
Enquiry
by the Registering authority
The Registering Officer is empowered under
sec. 34 of the Registration Act to enquire whether or not the person is the
same by whom it purports to have been executed such a document.He may insist on production of proof for his
identity and in case any person is appearing as a representative or agent, the
Registrar may ask for relevant documents to show that the agent or
representative has the right to appear on behalf of his principal.
Effect
of non-registration
What would be the repercussion if a document
which requires compulsory registration
is not registered? Section 49 of Indian Registration Act deals with this
situation. It states clearly that such un-registered documents do not convey to
the transferee a legally valid title and such documents are not admitted as
evidence for any transaction affecting the property referred to in the
document. However, there is an exception provided in the Act.The unregistered
documents may be admitted as evidence in a suit for specific performance under
Specific Relief Act or in any other related transaction, not required to be
effected under a registered instrument.
Documents are mainly registered for
conservation of evidence, assurance of title, and to help an intending
purchaser to know if the title deeds of a particular property have been
deposited with any financial institution or person for purpose of obtaining
loan or advance against security of the property. Registration of documents
acts as notice to the public and to protect oneself against the likely fraud.Therefore, it is advisable to register all documents connected with the
immovable property irrespective of whether the registration is compulsory or
not as it creates a permanent record of event which are reflected in
encumbrance certificates.
As registered documents have higher value of
evidence than unregistered documents it is always beneficial to you if you get all your property documents registered
within the stipulated period irrespective
of the fact that such registration is mandatory or not.
Endorsement
After accepting the document for
registration, the Registering authority shall endorse the document regarding
affixation of the signature of the Executant, payment of consideration, date
and other relevant particulars. If registration is declined by either of the
party, the same shall be endorsed on the document itself. Apart from this, the
Registering authority shall also endorse on the Document the registration
number, Book number, pages, volume or CD number and affix the seal of the office of the Sub-Registrar. Such a Certificate shall be copied in the Register
meant for the purpose and copy of the map or plan, if any, shall be filed in
Book No.1Thereafter, the registered document will be returned to the person
who has presented the same for registration or to his representatives.
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