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Registration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar.
Registration acts as proof that a transaction has taken place.
The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.
When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.
The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed.
When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.
Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. However, if due to any unavoidable circumstances, the document is not registered within the time limit, then the document can be registered only on making an application to the Sub-Registrar of Assurance within a further period not exceeding four months and on payment of appropriate fine.
If you have always wondered what registration involves, read on
The Sub-Registrar of Assurances does the following:-
Is registration compulsory for all types of transfer of immovable properties?
Except in case of transfer of shares of a co-operative housing society and housing limited company where registration is optional, virtually in all cases of transfer of immovable property like family arrangement, agreement to sell, conveyance, gift deed, lease deed (above one year), leave and license agreement, tenancy agreement, declaration deed, power of attorney to sell for consideration etc. has to be registered compulsorily under Indian Registration Act,1908 otherwise the proper legal title will not pass on to the purchaser/transferee i.e. the title will be defective if registration is not done.
In what languages should the document be written so that it can be registered in Mumbai?
It should be normally be written is English, Hindi, Marathi and Gujarati only.
After how long is the document given for registration returned?
Documents lodged for registration prior to October 1, 1995 are sent to Pune, after it is indexed, for microfilming and only then it is returned to the party, which may take a few years. All the documents lodged for registration on or from October 1, 1995 are returned to the party within a few days of indexing the same because only the photocopy is sent to Pune for microfilming. After February 1, 2002 when the registration process was computerized, normally the documents have been returned within half an hour.
Why does it take a long time for documents to be returned in old cases?
The above mentioned procedure is one of the reasons but the major reasons due to which the document remained pending at the office of sub-registrar and not being indexed and not returned to the Owner are as follows:-
· Stamp Duty was not paid according to the “Market Value”.
· Income Tax Clearance certificate U/s 230 was not attached where required (See Note (1) below).
· N.O.C. of Appropriate Authority in Form 37-1 was not attached where required. (See Note (2) below).
· N.O.C. under Urban Land Ceiling Act was not attached where required.
· Certain parties to the Agreement had not admitted execution in front of the Sub-Registrar
The above deficiencies were always pointed out at the time of registration by way of remark (such as MV, 230A, 37-1, NOC, ADM) on the registration receipt itself but due to ignorance, owners have never cared to clear them and hence documents which do not have deficiencies mentioned in the points mentioned above. However deficiency relating to non-admission is tolerated and the document is accepted and kept pending for admission only.