Register your Property

The following are the advantages of registration

Time within which one should register the documents

Documents must be registered within 4 months of execution. An extension of another 4 months is given if the documents have not been registered within the first 4 months by making an application to the sub Registrar and paying a penalty. One needs to also mention reasons for delay in registration.

Situation if one has not registered within the 4 months stated above

In this case, one needs to prepare a Deed of Confirmation signed by all the parties and should have the original documents attached to it.

Precautions to be taken before registering a document

Time limit given to the Income tax Officer to issue the Income tax Clearance certificate

The Income tax Officer must issue the Income tax Clearance certificate within sixty days of receipt of application.

Steps to take if the Income tax Officer delays issuance of Income tax Clearance certificate

One should send a few reminders to the Income tax Officer. If that does not work, one needs to make an application to the Commissioner of Income tax and forward a copy of the application to the Central Board of Direct Taxes (CBDT).

Witnesses necessary for registering documents

Two witnesses have to necessarily be present for completion of the registration formalities. Witnesses have the duty of identifying persons executing the document. However, if the parties produce their passports, the need for witnesses is removed.

Necessity of registration documents to be in acceptable languages

The Sub Registrar will not register the document written in a language other than English, Hindi, Marathi and Gujarati.

Necessity of registering a will

Registration of a will is optional. However, registration of a will enhances its authenticity.

Status if one of the signatories is not willing to be present at the Sub Registrar’s office for registration formalities

The parties wanting to register need to make an application to the Sub Registrar of Assurances under the Indian Registration Act, 1908. the Sub Registrar of Assurances will issue summons on the parties not willing to be present, and after giving an opportunity to the party, will go ahead with the registration formalities. The Sub Registrar will make a noting in the document about absence of the party and deliver the document to the party applying for registration.

Registration fees payable

Registration fees are based as a percentage of market value of the property or a fixed sum, whichever is less.

Documents to be compulsorily registered

The Indian Registration Act, 1908 requires the following documents to be compulsorily registered:

Situation if all signatories of the document cannot go together for registration formalities

In this case, registration process can be initiated by parties able to go. The other parties can go at a later date. However, all parties must complete registration formalities within the specified period of time.

Registration of documents when flat is purchased from a builder

In this case, both the builder and purchaser are the signatories to the document. In case the builder is unable to go with the purchaser for registration formalities, the purchaser must ensure that the builder has completed registration formalities and submit a copy of the registered document to the builder.

Situation if the Sub Registrar refuses to register the document

An appeal should be filed with the Registrar within whose jurisdiction the Sub Registrar is operating. The Registrar will issue summons to the parties involved and solve the matter. The Registrar works like a Civil Court and enjoys powers under the Indian Registration Act, 1908.

Situation if the Registrar refuses to register the document

The aggrieved parties can then approach the Civil Court within whose jurisdiction the Registrar functions for resolving matters.

Reasons for refusal of registration

Documents are not registered in the following circumstances:

Consequences of not registering documents, which have to be compulsorily registered

In this case, the purchaser’s title will be defective. Also, an unregistered document cannot be used as evidence in any court.

Advantages of making additional copies of agreement on stamp paper

The advantages are:

Method of measuring area for registration purposes

The Registering Authorities require the area to be measured on ‘built up’ basis.

Information required by the Registering Authorities before registration

The following information is required before registration:

Method of payment of registration fee

Registration fee has to compulsorily be paid in cash.