DOCUMENTS REGISTRATION UNDER THE REGISTRATION ACT, 1908
DOCUMENTS REGISTRATION UNDER THE REGISTRATION ACT, 1908
Some often asked queries are answered hereunder :-
An unregistered document is not legally recognized as evidence, to prove transactions in land.
The documents should be registered only with a Sub-Registrar in whose area, the property or its part is situated. Other documents can be registered with any Sub-Registrar.
Within 4 months from the signing of a document by the parties
Yes, but within eight months,but on payment of fine and getting delay condoned (see model application) hereto over the next 4 months. Fine amount ranges from 2 ½ to 10 times the proper registration fees.
Only the parties actually signing or claiming under a document, (or their Power of Attorney holder or legal representative) can present a document. The document is later returned only to the said presenter or to his nominee. Presentation can be done by only one person.
A party may choose his own person, whether a lawyer or a non legal person to get drafted his document. However, it is desirable to get document drafted only through Lawyers, since any defect remaining in your document due to ignorance / mistake of law on the part of a non legal person, could involve you in costly litigation’s later or even loss of property.
(Special caution :- Rules prohibit Government servants from private business of drafting documents. In case you land in problem later, they would not then be able to help you in any way. Any desire to save money or take short cut now, may in some cases result in irreparable defect in your title to the property)
8. How to get an appointment with Sub-Registrar for presenting a document?
The Registration Act 1908 does not lay down taking by advance appointments to present a document and normally any Registrar is expected to accept documents on the spot. But due to simultaneous voluminous work in other designations held by him taking advance appointment is always desirable.
In any case, the appointment would normally be given by the office if not on the same day, then positively over the next two days or so.
9. What to do if the Officer does not keep appointment on the day marked, but calls later frequently?
Such cases may be rare, but in exceptional instances as when the Sub Registrar may be urgently called for death bed Will, Assembly matters, in Civil Courts and similar, occasional inconveniences may lie. But otherwise, not keeping appointments routinely would be an irregularity or even misconduct on the part of any Public officer. The public, if they desire could write to the highest authorities in the department and get verified the reasons given for frequently canceling appointments.
10. Are there special fees for taking appointment?
Absolutely not. Please discourage any self styled middlemen (who could be even respectable professional) offering to secure appointment for some price. Insist on receipt for any money paid. Absence of receipt may be an indication about the office not being aware of your work at all.
11. How many times I have to visit office for registration of documents?
Only once. Second time visit (Yours or your letter of authority holder’s) would be to collect the document without any additional fees payment. Problems may arise necessitating more trips if your document is not in order (see 16 hereunder) or if necessary N.O.C.s / certificate are not produced by you.
Note :- Documents should be brought to the office only after all signatures have been made on the documents (rightly in your lawyer’s office), alongwith a "True Copy" on green ledger paper in xerox or prescribed form.
he/she is busy or without giving any reasons.
Registration of documents is only one of the several functions discharged by a Sub Registrar and sometimes it is possible that in view of other formalities registration is delayed, but in such cases you may request the Sub-Registrar to give specific appointment (see query 8 above). Under the Registration Act, 1908 a Sub Registrar cannot decline to accept a document except on the ground that the document relates to properties outside the area of his jurisdiction. When he refuses, law requires that he/she should record the same, in the Day Book, record that refusal in the Book II of Refusals and then give you a copy of reasons of refusal without any extra fees. An appeal lies to District Registrar against the refusal.
Note:- In case the refusal is legitimate, and is upheld, only half the fees collected by the Sub-Registrar could be refunded to the party. So, consider carefully the advice of the Sub-Registrar before insisting on official refusal.
Registration is a simple routine procedure. If the document is in order, the Registering Officer has to compulsorily accept it. But, if provisions of Law are not met, the document cannot be accepted or registered.
Following points should more or less cover most of the common requirements:-
(C) Identification of property by complete description:
Complete description means the following:
All fees are to be paid at the time of presentation of documents against a receipt. (in case the amount of fees is substantial, the same may have to be paid by a challan in the treasury).
15. Can one withdraw a documents, if he wishes not to proceeds with the registration?
Yes, but only if a written request is made before admission of any execution is recorded.
16.How will one know if the documents is kept pending or when he could collect it?
Mentioned on the receipt itself. There are also Departmental instructions that all factors for which documents is kept pending are to be shown by way of abbreviation on the receipt itself (eg. T.C.C., N.O.C., P.D.A., Admn., Ex., P. Att., etc.)
So also when a document would be referred to the Collector for valuation, that fact would also be mentioned on the receipt.
17. It is true that mere fact of registration does not mean that the documents is legally valid?
Yes, Registration is one of the several formalities in completing a transaction and while registering, a Sub-Registrar is not expected to concern himself with legal validity to the transaction but has to restrict himself to verifying prescribed formal aspects only under the Registration Act, 1908, like stamp Duty, identification of parties, description of property and similar. It is for the parties to ascertain in advance through a Lawyer or otherwise, the legality of the transaction before drawing up a document.
18. Then what help can one expect from Registration Office in case of fraud?
The office helps by making available for inspection, the registered entries relating to transactions affecting immovable properties and also issuing authenticated certified copies therefore for evidential purposes. The office is duty bound in deserving cases to produce before the court any records in its power to help the citizens in taking steps against fraud.
19. How to obtain Nil Encumbrance Certificate and other Certificate?
Models of several applications are annexed hereto for guidance. Certificates should be applied for sufficiently in advance, since the same involve search. Depending on the work in particular offices, it normally takes between 3 to 15 days from the date of application.
20. Could some points be suggested to avoid documents being referred to Collector for undervaluation?
At the time of accepting documents itself, if the Registering offices makes known his suspicion about under valuation, one could justify the reasonableness of the value, interalia, on grounds as follows:-
(i) based on the valuation report of any official valuer, if available;
(ii) by calling attention to similar documents in area which were not
referred by the officer of the Collector;
NOTE:- (i) In case any arguments do not convince the Sub-Registrar and he refers the documents to the Collector, the party would necessarily be given a hearing by the Collector before he issues any order.
(ii) It should be kept in mind that the proceedings in the Registration
office are ‘Judicial Proceedings’ and the Sub-Registrar acts in Quasi Judicial capacity. As such, do not allow any one accompanying you to go on arguing in case the Registering Officer refuses to accept one’s submission. The Sub-Registrars are advised to avoid any uncertainty as to probable reference to a Collector, by endorsing on the receipt itself their decision to refer the document to Collector.
Not at all. (Unless a notice in form V or AB for collection of documents is sent. Even in that case, the sum will be minor).
All the fees are collected only once while presenting the documents, except in exceptional cases where fees were under charged by lapse.
(See Model formats G, H, I & J).