Is reg­is­tra­tion com­pul­sory?

Doc­u­ments of im­mov­able prop­erty that re­quire com­pul­sory reg­is­tra­tion are sale deed, gift deed and par­ti­tion deed

HT Estates - - Front Page - Su­nil Tyagi

The Reg­is­tra­tion Act, 1908, re­lates to which le­gal in­stru­ments re­quire com­pul­sory or op­tional reg­is­tra­tion. The pri­mary pur­pose be­hind the Act is to pre­serve an au­then­tic record of doc­u­ments so that if a doc­u­ment is lost or de­stroyed, a cer­ti­fied true copy of the doc­u­ment can be ob­tained from the of­fice of the Reg­is­trar. An­other use­ful pur­pose that reg­is­tra­tion serves is to en­able any per­son who wants to en­ter into a trans­ac­tion of im­mov­able prop­erty, to ob­tain com­plete in­for­ma­tion on the ti­tle of own­er­ship of the prop­erty as reg­is­tered doc­u­ments are avail­able for in­spec­tion.

Though the pro­vi­sions of the Act are largely the same across In­dia, there are cer­tain state-spe­cific pro­vi­sions. Like stamp duty rates, even reg­is­tra­tion fees may dif­fer across states. Some ex­am­ples of doc­u­ments of im­mov­able prop­erty which re­quire com­pul­sory reg­is­tra­tion are sale deed, gift deed and par­ti­tion deed. In ad­di­tion to as­cer­tain­ing whether a par­tic­u­lar doc­u­ment re­quires com­pul­sory reg­is­tra­tion, one must keep in mind other as­pects such as the time and place of reg­is­tra­tion of the doc­u­ment in trans­ac­tions of im­mov­able prop­erty.

Time of reg­is­tra­tion:

Adoc­u­ment is re­quired to be com­pul­so­rily reg­is­tered within four months from the date of its ex­e­cu­tion. This time pe­riod is ex­tremely im­por­tant as it has a di­rect bear­ing on the va­lid­ity of a le­gal doc­u­ment. For a doc­u­ment that re­quires com­pul­sory reg­is­tra­tion, it shall be valid and take ef­fect only when it has been duly reg­is­tered within this pre­scribed time pe­riod. How­ever, there are also ex­cep­tional cases where par­ties may be un­able to get the doc­u­ment reg­is­tered within this time pe­riod due to un­avoid­able cir­cum­stances. The Reg­is­tra­tion Act takes into ac­count such de­lay in reg­is­tra­tion which is due to con­tin­gen­cies. In such cases, an ad­di­tional/ex­tended pe­riod (up to a max­i­mum of 4 months) may be granted by the reg­is­trar at his dis­cre­tion, af­ter tak­ing into ac­count the facts and cir­cum­stances on a case-to-case ba­sis. An ap­pli­ca­tion in this re­spect is re­quired to be filed with the rel­e­vant sub-reg­is­trar’s of­fice along with pay­ment of the pre- scribed fine.

Place of reg­is­tra­tion: A sub-reg­is­trar reg­is­ters a doc­u­ment per­tain­ing to im­mov­able prop­erty, only if such prop­erty is lo­cated within the ter­ri­tory of his ju­ris­dic­tion. There are cer­tain prop­er­ties whose por­tions may fall un­der the ju­ris­dic­tion of two or more sub­dis­tricts. In such a case, the doc­u­ments of the prop­erty may be reg­is­tered at the sub­reg­is­trar’s of­fice lo­cated in ei­ther of the sub-dis­tricts. There may also be a sit­u­a­tion where the doc­u­ment re­lates to numer­ous im­mov­able prop­er­ties, all of which are sit­u­ated in dif­fer­ent sub-dis­tricts. Such a doc­u­ment can also be reg­is­tered in any sub-district. Although doc­u­ments are reg­is­tered/ de­posited at the of­fice of the rel­e­vant sub-reg­is­trar or reg­is­trar, in ex­cep­tional cases reg­is­tra­tion may be done by an au­tho­rised rev­enue of­fi­cer at one’s res­i­dence.


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