Reg­is­ter the ti­tle doc­u­ments of im­mov­able prop­erty

HT Estates - - FRONT PAGE - SU­NIL TYAGI Su­nil Tyagi feed­[email protected] (The author is se­nior part­ner, ZEUS Law, a cor­po­rate com­mer­cial law firm. One of its areas of spe­cial­i­sa­tion is real es­tate ad­vi­sory and lit­i­ga­tion prac­tice. If you have any queries, email us at htes­[email protected]

The Reg­is­tra­tion Act, 1908 pro­vides for the prop­erty re­lated doc­u­ments that re­quire com­pul­sory and op­tional reg­is­tra­tion. Sec­tion 17 of the Act enu­mer­ates prop­erty re­lated doc­u­ments for which reg­is­tra­tion is com­pul­sory. Reg­is­tra­tion mean­srecord­ing of the con­tents of a doc­u­ment with a Reg­is­ter­ing Of­fi­cer and preser­va­tion of copies of orig­i­nal reg­is­tered doc­u­ment. Doc­u­ments are reg­is­tered with the ob­jec­tive of con­ser­va­tion of ev­i­dence, as­sur­ance of ti­tle, pub­lic­ity of doc­u­ments and pre­ven­tion of fraud.

All such doc­u­ments re­lat­ing to prop­erty through which any right, ti­tle or in­ter­est is cre­ated or de­clared or as­signed or lim­ited or ex­tin­guished in present or fu­ture needs to be com­pul­so­rily reg­is­tered. Sale, Mort­gage, Ex­change, Gift and Lease (of more than 11 months term) are some com­mon modes of trans­fer im­mov­able prop­erty and can be made only by reg­is­tered in­stru­ments. The doc­u­ment for such transactions are manda­to­rily reg­is­ter­able be­yond any doubts. Reg­is­ter­ing such doc­u­ments af­ter pay­ment of ap­pro­pri­ate stamp duty and reg­is­tra­tion fee, makes these doc­u­ments au­then­tic and ad­mis­si­ble in courts of law.

The reg­is­tered doc­u­ments are avail­able for ver­i­fi­ca­tion by any per­son in­ter­ested in pur­chas­ing the im­mov­ableprop­erty for ver­i­fy­ing from the records of SubRegis­trar’s of­fice, the own­er­ship and ti­tle sta­tus in re­spect of such prop­erty. The doc­u­ments con­tain­ing trans­fer of im­mov­able prop­erty re­quir­ing com­pul­sory reg­is­tra­tions, need to con­tain clear de­scrip­tion of the im­mov­able prop­erty by metes and bounds, as well as clear de­scrip- tion of the rights, in­ter­ests and ap­pur­te­nances at­tached to the prop­erty be­ing trans­ferred. The pur­pose of reg­is­tra­tion of a doc­u­ment of trans­fer of im­mov­able prop­erty is that on reg­is­tra­tion of such doc­u­ment, it be­comes a per­ma­nent public record.

A public record can be in­spected by any per­son and a cer­ti­fied copy can be ob­tained from the of­fice of Sub-Regis­trar, even if the doc­u­ment is lost or de­stroyed.

Reg­is­tra­tion of a doc­u­ment is an­otice to the gen­eral public that such im­mov­able prop­erty has been trans­ferred by the one per­son to an­other.

Thus, the process of reg­is­tra­tion helps curb forged and fraud­u­lent transactions in im­mov­able prop­erty as it en­sures trans­parency and means for au­then­ti­ca­tion.

If a doc­u­ment of trans­fer of im­mov­able prop­erty whose reg­is­tra­tion is com­pul­sory un­der sec­tion 17 of the Act, is not reg­is­tered then, it will not be ad­mis­si­ble in ev­i­dence in courts of law ex­cept for the lim­ited pur­pose of be­ing re­ceived as ev­i­dence for a suit for spe­cific per­for­mance. There is no au­then­tic­ity of a trans­fer doc­u­mentofim­mov­able prop­erty, which is not reg­is­tered. Non-reg­is­tra­tion not only ren­ders the doc­u­ment in­ad­mis­si­ble in ev­i­dence in courts of law, but a trans­fer of im­mov­able prop­erty made through an un­reg­is­tered doc­u­ment, fails to af­fect or con­fer any power to adopt such trans­fer of im­mov­able prop­erty, in eyes of law.

Every doc­u­ment needs to be reg­is­tered within four months from date of its ex­e­cu­tion as per the Act. But in un­avoid­able cir­cum­stanceswherethe­do­c­u­ment re­mains un­reg­is­tered within this time pe­riod, the regis­trar has pow­ers to per­mit reg­is­tra­tion of the doc­u­men­tonacase-to­case ba­sis in case where the de­lay does not ex­ceed four months, sub­ject to pay­ment of pre­scribed fine which may go upto ten times the amount of proper reg­is­tra­tion fee. There­fore, eight months is the out­side limit for pre­sent­ing a doc­u­ment for reg­is­tra­tion.

Anun­reg­is­tered doc­u­ment­for trans­fer of im­mov­able prop­erty can­not be re­lied upon for es­tab­lish­ing the va­lid­ity of the trans­ac­tion as it is not rec­og­nized by the law.

A trans­ac­tion of trans­fer of im­mov­ableprop­erty is only com­plete upon proper stamp­ing and reg­is­tra­tion of the doc­u­ment record­ing such trans­fer of im­mov­able prop­erty from one per­son to an­other. There­fore, it is im­por­tant that the per­son ac­quir­ing right, ti­tle or in­ter­est in the prop­erty shall en­sure that the doc­u­ment through which such right, ti­tle or in­ter­est in the prop­erty are ac­quired by him, is duly reg­is­tered and stamped.


Reg­is­ter­ing of prop­erty doc­u­ments is com­pul­sory

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