Certain documents under the Transfer of Property Act 1882 and Registration Act, 1908 must be registered to give “notice to the world.” These registered documents are public and available for inspection by anyone and are used by civil courts to decide issues of property ownership and possession.
People usually hire professionals to prepare and register their legal documents, but it’s important to understand the process to ensure they’re being handled correctly.
The Transfer of Property Act in India puts the responsibility of verifying title, ownership, and possession on the purchaser, not the Registering Officer or Registration Department. The Registrar has limited power to verify certain issues and cannot undertake extensive inquiries. Therefore, it is crucial that buyers take necessary steps and precautions to ensure proper documentation and registration to avoid legal disputes, mental and physical strain, and financial loss.
FOLLOWING ARE SOME OF THE REQUIREMENTS AND PRECAUTIONS IN DOCUMENT REGISTRATION:
Please ensure that any blanks, erasures, interlineations, and alterations in the document are attested by the parties with their signatures or initials prior to submitting it to the Registrar for registration.
When describing a property, it’s important to provide full and unambiguous details. For agricultural property, include the survey numbers, boundaries, and location information. For house property, include the door number, assessment number, and location. Be cautious when describing remote vacant lands, as fraudsters can use vague descriptions to cheat buyers. Also, make sure to check if the property is assigned, government, wakf, endowment land, etc., to avoid legal issues.
Documents other than will deed should be registered within four months from signing. Delay beyond four months may be condoned by the Registrar upon payment of penalty, but cannot exceed eight months. No document shall be accepted for registration beyond eight months from signing. It is advisable to register the document as early as possible after execution. Documents executed outside India can be registered within four months after their arrival in India. The presenting party must provide documentary evidence such as courier delivery receipt or affidavit to prove the date of receipt in India to the Registering Officer.
There is no time limit for presenting a Will. It can be presented even after the death of the testator/testatrix. The Registering Officer will conduct an enquiry and may register the will if properly executed by the deceased testator.
Immovable property transaction documents must be registered with the Registrar/Sub Registrar Office. It’s recommended to register them with the jurisdiction Sub Registrar. Other documents like movable property transactions and affidavits can be registered in any Registrar/Sub Registrar Office.
The executor of a document can present it for registration. If there are multiple executors, any one of them can present the document, but all must admit the execution. The beneficiary and an attested power of attorney holder can also present the document. The attested power of attorney requires attestation by a Sub Registrar (if in India) or a notary public/Consul/Vice-Consul of India (if outside India).
For a sale deed, both the seller’s and buyer’s photographs and fingerprints need to be affixed as per Section 32A of the Registration Act, 1908. For other documents, only the present person’s photograph and fingerprints need to be affixed.
A non-testamentary document affecting immovable properties must include a route map indicating the location of the property and nearby landmarks. The map should enable a stranger to locate the property using the landmarks mentioned.
The parties must enclose copies of address proof of the executing, claiming parties, attesting witnesses and identifying witnesses. Acceptable address proofs include passport, ration card, Aadhar card (UID), bank passbook with full address, and driving license.
During registration, parties must provide their pattadar passbooks and title deeds issued by the revenue department for agricultural land. The Registering Officer will make relevant entries in these books regarding the transaction.
It is important for everyone to follow the above precautions at the time of document registration to avoid future litigations and problems.