Where to reg­is­ter your prop­erty

Know the ju­ris­dic­tion in which your prop­erty lies as states have dif­fer­ent laws for reg­is­tra­tion

HT Estates - - Property Classifieds - Vivek Kohli

Pay­ment of pre­scribed stamp duty and reg­is­tra­tion fee is of supreme im­por­tance for trans­ac­tions re­lat­ing to im­move­able prop­erty such as sale, gift, cer­tain kinds of mort­gages, etc. The rates of stamp duty levied on doc­u­ments dif­fer from state to state, un­der the rel­e­vant state stamp act. The Reg­is­tra­tion Act, 1908, lays down pro­vi­sions re­gard­ing which le­gal in­stru­ments re­quire com­pul­sory or op­tional reg­is­tra­tion. Like stamp duty rates, reg­is­tra­tion fee levi­able on doc­u­ments also dif­fers from state to state.

The Reg­is­tra­tion Act (1908) lays down pro­vi­sions re­gard­ing which le­gal in­stru­ments re­quire com­pul­sory reg­is­tra­tion. In ad­di­tion to this, there are cer­tain other point­ers un­der the Reg­is­tra­tion Act (1908) which must be kept in mind when reg­is­ter­ing a doc­u­ment re­lat­ing to im­mov­able prop­erty for such reg­is­tra­tion to be con­sid­ered valid.

To start with, the doc­u­ment should be reg­is­tered in the of­fice of the sub-reg­is­trar, within whose ju­ris­dic­tion, the prop­erty to which the doc­u­ment re­lates to is sit­u­ated. A sub-reg­is­trar has no au­thor­ity to reg­is­ter a doc­u­ment re­lat­ing to im­mov­able prop­erty, if such prop­erty does not fall within his ju­ris­dic­tion as per law. That is, even if such doc­u­ment is reg­is­tered in­cor­rectly at the of­fice of a sub-reg­is­trar hav­ing no ju­ris­dic­tion over the par­tic­u­lar prop­erty, such reg­is­tra­tion will not be valid in the eyes of law.

There are also cer­tain prop­er­ties whose por­tions fall un­der the ju­ris­dic­tion of two or more sub-districts. Re­gard­ing such prop­er­ties, it does not mat­ter in which sub­dis­trict, the bulk por­tion of such a prop­erty is sit­u­ated in. One can reg­is­ter the doc­u­ment at ei­ther sub-reg­is­trar’s of­fice. Like­wise, there are also doc­u­ments that re­late to more than one im­mov­able prop­erty, all of which are sit­u­ated in dif­fer­ent sub-districts. Let’s take an ex­am­ple of a sale deed re­lat­ing to sale of three dif­fer­ent im­mov­able prop­er­ties lo­cated in three dif­fer­ent sub­dis­tricts. Here too, the par­ties have the op­tion of hav­ing the sale deed reg­is­tered in any of these three sub-districts.

In ma­jor­ity of the cases, doc­u­ments are reg­is­tered/ de­posited at the of­fice of the rel­e­vant sub-reg­is­trar or reg­is­trar. How­ever, the law also pro­vides for some re­lax­ation un­der cer­tain ex­cep­tional and ex­tra­or­di­nary cir­cum­stances.

Reg­is­tra­tion may be done by au­tho­rised rev­enue of­fi­cer at places other than the of­fice of the sub-reg­is­trar/reg­is­trar, such as at the res­i­dence of the per­son de­sir­ing to present the doc­u­ment for reg­is­tra­tion.

One must pay reg­is­tra­tion fee for doc­u­ments that re­quire manda­tory reg­is­tra­tion un­der the Reg­is­tra­tion Act (1908). In both cases — where ei­ther one does not reg­is­ter a doc­u­ment at all or where one reg­is­ters it in the wrong sub-district — reg­is­tra­tion shall be con­sid­ered in­valid and such a doc­u­ment shall be in­ad­mis­si­ble in ev­i­dence in the courts of law.

THINKSTOCK

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