This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology
Registration of documents is most important part of any of your transactions because with the help of it you can easily prevent your upcoming problems in standard way. Suppose you want to buy house but without its proper documentation you are not going to its legal owner it doesn’t matter if you paid for that or not, to prove yourself you should have registered your documents in your name. The procedure of recording and safeguarding original copies of a document with an authorised officer is known as registration. Any document, whether binding or non-binding, is required to be registered. Although it is not necessary to register every document, doing so ensures its authenticity and helps to avoid legal action. Many people are unfamiliar with the concept of registration, and as a result, they are unaware of its legal significance. To avoid misunderstandings, it is critical to understand what registration entails. According to The Registration Act of 1908, there are two types of registration: “Mandatory Registration” and “Optional Registration,” both of which are discussed below. Apart from that, a person going through the registration process should be aware of the following: who may register, when can they register, how can they register, and what are the fees?
If a person is aware of all of them, he will be able to submit an application for document registration without difficulty.
The main objective of this research paper is to understand the concept of Registration, its procedure as per the registration act, 1908.
REGISTRATION PROCEDURE UNDER THE REGISTRATION ACT, 1908
All documents, with the exception of a, must be presented for registration within four months of the date of execution, according to Section 23 of the Registration Act of 1908. If a document is signed by numerous people at separate periods, it must be presented for registration and re-registration within four months after the first signature (Section 24 of The Registration Act, 1908).
Any completed document or a copy of a decree or order that is not presented within 4 months owing to urgency or an unavoidable accident shall be considered for registration if 10 times the amount of registration costs is paid and the delay in presentation does not exceed 4 months.
A request for such a step must be submitted to the Sub-Registrar, who will forward it to the Registrar, to whom he reports (Section 25 of The Registration Act, 1908). If any or all of the parties complete a document outside of India and present it for registration after the four-month period has expired, it will be allowed for registration if it was executed and presented for registration within four months of its arrival in India (Section 26 of The Registration Act, 1908).
Immovable property documents must be presented for registration at the office of the Sub-Registrar in whose area the property or a portion of it is located (Section 28 of The Registration Act, 1908). All other documents must be supplied as follows:-
- At the Sub-office Registrar’s in the sub-district where the paper was signed; or
- Any other State Government Sub-office Registrar’s where all individuals want the document to be registered.
On specific grounds, an officer authorised to register a document may also go to a person’s private residence to offer a document for registration or deposit a will (Section 31 of The Registration Act, 1908).
Every document (save in circumstances of Sections 31, 88, and 89 of The Registration Act, 1908) must be brought for registration or lodged in a proper registration office according to Section 32 of The Registration Act, 1908.
- Some individual executing or claiming under the same, or claiming under a copy of a decree or order, or
- Such a person’s representative or assignee, or
- The agent, representative, or assign of such a person, legally authorised by power of attorney executed and authenticated in the manner set forth below.
Every person presenting a document for registration must affix his passport-size photograph to the document, as well as his fingerprints. When a document relates to the transfer of ownership of immovable property, all buyers and sellers named in the document must have passport-size pictures and fingerprints affixed (Section 32A of The Registration Act, 1908).
In the case of a will or power to adopt, the testator or, after his death, any executor may present it to the Registrar or Sub-Registrar for registration, or a donor or, after his death, the donee or adoptive son may present it to the Registrar or Sub-Registrar for registration (Section 40 and Section 41 of The Registration Act, 1908). It will be registered if the following conditions are met: The executor or donor signed the will or power to adopt;The testator or donor is no longer alive;The person presenting the adoption will or authority has the legal authority to do so.
The prescribed fees for document registration must be paid when the documents are presented (Section 80 of The Registration Act, 1908).
In Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2013) settled by Supreme Court, On a piece of paper, the Appellant’s father said that if he died, his wife would receive the property. It was not registered and was signed by a single witness. Following the father’s death, his widow made a will, leaving the entire estate to one of her nine children. In court, the enraged siblings claimed that the mother did not get the entire estate since the father’s will was defective. The argument was accepted, with the requirement that a will be attested by two witnesses in order to be legitimate. Furthermore, because it was not registered under the Indian Registration Act of 1908, it could not be considered a lawful property transfer.
As a result, the Supreme Court decided that because the father’s will was illegal, the rule of succession would apply in distributing the property. This case re-enacted two rules that are plainly spelled out in the law. Wills that have been properly attestation and paperwork that have been properly registered.
When a document is registered, it becomes more transparent. The registration records establish the document’s authenticity even if it is lost or damaged. A document stating that a Power of Attorney has been revoked should also be kept on file to prevent misuse following the revocation. Easy access also aids in locating the owner of the property, as well as determining whether or not there is a case pending against him or an existing liability, before deciding to purchase it. In addition, registration prevents forgeries or fraud in transactions involving taxes, stamp duties, and other such fees.
Even though some papers are only optionally registered, it is nevertheless recommended that they be registered because this will establish the document’s legitimacy and eliminate any concerns that may arise.
The document that must be registered is described in Section 17 of the Act. The following are some of them:
- Instrument of Immovable Property Gift;
- Non-testamentary instruments that purport to create, assign, declare, or extinguish any interest in any immovable property valued at Rs. 100 or more, or that acknowledge receipt or payment of any consideration for the creation, assignment, declaration, or limitation of any right, title, or interest;
- A lease of immovable property for a duration of more than one year, or a yearly rent;
- Contracts for the transfer of immovable property for a consideration, as defined in Section 53A of the Transfer of Property Act, 1882, that are completed before or after the act’s commencement.
As a result, it is clear that document registration is critical and must be completed as soon as possible; otherwise, it would result in a costly and time-consuming court battle over several years.
Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2013)
Sanjana Tripathi, Registration of Documents, https://www.google.com/amp/s/blog.ipleaders.in/registration-of-documents/%3famp=1
Balwant Jain, Housing.com, https://www.google.com/amp/s/housing.com/news/laws-related-registration-property-transactions-india/amp/
Registration Act (Bareact)