All About Registration of Documents
For securing your rights and interests over a property, you must ensure that all your documents, which have to be compulsorily registered under the Registration Act, are in order
Registration of documents is immensely important in numerous transactions that involve immoveable property such as sale, gift, certain kinds of lease, etc. There are certain documents which require compulsory registration and certain others which do not. Documents such as sale deed, gift deed and partition deed require compulsory registration. However, registration is optional for documents that create lease of a property for a term less than one year (also referred to as month to month tenancy for a period not exceeding eleven months) and not reserving yearly rent.
Provisions regarding the registrability of documents are laid down in Registration Act, 1908 (Act). The following points must be kept in mind when registering a document for transactions of immovable property:
Though the provisions of the Act are largely the same across the country, there are state amendments in certain parts of the Act. Thus, one must check the state-specific provisions before registering the document.
The amount of registration fee levied on a document may differ from state to state.
The document should be registered in the office of the sub-registrar, within whose jurisdiction the property in question is located. If portions of the property fall in two or more sub-districts, the document can be registered at the sub-registrar’s office of either sub-district. If one registers the document in the wrong sub-district, such registration shall be considered invalid, which renders the document inadmissible in evidence in the courts of law.
If the document relates to more than one immovable property, all of which are situated in different sub-districts, the parties have the option of having the document registered in either of the sub-districts.
Usually, documents are registered at the office of the relevant sub-registrar/registrar. However, there may be certain exceptional circumstances where registration may be done by authorised revenue officer at other places, such as at the residence of the person desiring to present the document for registration.
Stamping and registration of documents are two distinct aspects and are governed by separate Acts. Documents that require compulsory payment of stamp duty may or may not require compulsory registration.
Payment of stamp duty and registration fee (wherever required), makes the documents admissible in evidence in courts of law. Cases where courts have received an instrument that is not duly stamped or registered as evidence are few and far between. So, to secure your rights and interests, make sure all your documents which require compulsory registration are in order.
Hindustan Times, New Delhi, 12-05-2012