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