FAQ Appeared in Real Estate Reporter – March 2006- Registration

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March 2006- Registration

1. Which documents require to be compulsorily registered?

Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration compulsorily.  The documents relating to the following transactions of immovable properties are required to be compulsorily registered.

  • Instrument of gift of immovable property
  • Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
  • Instruments, which create or extinguish any right or title or in an immovable property of a value of more than one hundred rupees.

Under Section 2(6) of the Registration Act, 1908 the item “immovable Property” includes; “Land, buildings, hereditary allowances, rights to ways , lights fisheries or any other benefit to arise out of land, and things attached to the earth or permanently  fastened to anything which is attached to the earth but not standing timer, growing crops nor grass.”

2. Is it possible to register a document at a person’s private residence?

Under Section 31 of the Act, a provision has been made authorizing the Registering Officer, on special cause being shown (for instance if the person is physically handicapped) to9 attend at the residence of any person desiring to present a document for registration and accept for registratio9n such a document or a “Will” provided Registering Officer is satisfied about the special cause shown is sufficient.

3. Who can present the document for registration?

Section 32 of the Registration Act 1908 deals with the provisions relating to the presenting of documents for registration by a person.  Subject to certain exceptions, every document, which is to be registered under the provisions of the Act, should be presented at the proper registration office by:

      (a) The concerned person himself/herself, or (b) The representative or the agent of such a person duly authorized in manner as is stated in Section 33 of the Registration Act, 1908.

4. What should be the language of the document?

The language of a document presented for registration should be in a language commonly used in the district existing in the State.  Under Section 19 of the Act, the Registering Officer is empowered to refuse to register a document if it is presented for registration in a language which is not commonly used in the district unless the document is accompanied by a true translation into a language commonly used in the district and also by a true copy.

5. Is a description of an immovable property, which is the subject matter of the document to be registered necessary to be set out in the Schedule attached to the agreement?  Is it necessary to annex maps or plans of the immovable property?

Section 21 of the Act deals with the provisions relating to the description of an immovable property along with maps or plans. It is always necessary, with a view to identify the property involved in a document, that the description of the property is mentioned in a separate schedule, preferable with maps or plans, so as to enable the Registering Authority to make notes in the books to be preserved. The description should mention the area of the property, the number of the property, the boundaries of the property, the streets on which it is situated along with the name of the village, Taluk, District. The city Survey Number with Hissa Number if any should also be mentioned.  It is the discretion of the registering officer to refuse to accept a document if the description of the immovable property is not sufficient to identify the property correctly.

6. Is the Registration of a document relating to the transfer of a property in an unregistered society compulsory?

Yes.  In such circumstances it is advisable to register such a type of a document.       However, it is not advisable to go for an unregistered society or society at all.

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