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A. P. Properties - Stamp Duty

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Stamp Duty Print E-mail
SELECT SECTION
Stamp Duty
Procedure
Sub-Registrar Offices
Mumbai

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:-

  • He verifies the document to ascertain whether it is legal to register it.
  • He further verifies that the full stamp duty is paid.
  • In his presence all parties executing the document admit that they have executed the document presented for registration. Parties who are present and admitting to execute the document are then personally identified by two independent witnesses. All parties and witnesses present, again sign in the presence of sub-registrar on an additional page attached to the document.
  • Parties to the document are photographed and their thumb impression is taken and such photograph and thumb impression is affixed on additional pages attached to the document.
  • He puts his official seal on each page and puts a unique numbering block on each page of the document including the additional pages. On the last page he signs the document as being registered.
  • After completing this procedure, he records the contents of the document, including the additional pages, either by photocopying the content or by scanning the content of the document. The photocopy or scanned image is permanently retained by him in his records so that in future whenever a copy of the document is required it can be obtained. Also that copy becomes a public document, which anybody can inspect by paying the requisite inspection fees.
  • After taking a copy of the document, as mentioned above, on the record and after completing the above formalities the original document is returned to the party presenting the document for registration. This completes the process.

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.

Note:

  1. Income tax clearance certificate under Section 230A of Income Tax Act, 1961 is now not required from 01-06-2001 even for documents accepted for registration before 01-06-2001 as requirement for such certificate was on the day of registration receipt itself but due to ignorance and a document was considered to be registered on the day it is Indexed and if it is not indexed uptil now no Income Tax Clearance certificate is required even for old cases.
  2. N.D.C. of Appropriate Authority in Form 37-1 is also not required from 01-07-2002. As above NOC is now obtainable this is applicable even for old cases