STAMP DUTY AND REGISTRATION

    What is Registration of Property Documents?

    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. 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, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is not a 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.

 

    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 written in English, Hindi, Marathi and Gujarati only.

 

    What is an Annual Reducing balance?

    An Equated Monthly Installment (EMI) has 2 components, interest and principal. When the interest is calculated on annual rests, the principal reduces only at the end of the year. Therefore, you continue to pay interest on a portion of the principal that you have already actually paid back to the lending company.

 

    What are the papers/requirements at the time of registration of documents?

  • A document should be fully stamped as per the Stamp Duty Ready Reckoner so as to confirm that proper stamp duty has been paid. The Stamp Duty Ready Reckoner is a public docu ment and is available for inspection at a sub - registrar's office.
  • For registering documents relating to property, one should go the respective registration office along with the original docu ment and one photocopy. The document must be printed or typed on one side only and in black color. A photocopy should be taken on only one side of the paper and the paper should be of 90 GSM thickness. There should be butter paper between the two sheets of the photocopy.
  • Apart from a properly executed and fully stamped duty paid document which is to be registered, the following documents are also required before the registration procedure is started.
  • No Objection Certificate under the Urban Land Ceiling Act if the area of land transferred exceeds 500 sq. mts. in Mumbai City.
  • If the land belongs to a government or semi - government body or to a charitable trust the no objection certificate of such gov ernment or semi- government body or to a charitable trust.
  • Property Card of the land on which the property is being regis tered is situated. Even the flat owners are expected to produce this paper at the time of registration.
 

    How does one get the document registered at the sub-registrar's office?

  • Bring the complete document along with other documents above.
  • Submit the document along with input form at the token window and get the token number.
  • Wait till the token number is announced.
  • On token number being announced, all parties to the document must present themselves before the sub-registrar to admit execution of the document, photographed, thumb impression and signature taken on additional sheet of paper in presence of sub-registrar.
  • The document will be returned within 30 minutes of getting the receipt
  • Please deal only with Officers and staff of the Registration De partment who always display government identity card with Government Seal.
 

    If any person who has executed the document is unable to come to sub- registrars office on medical grounds, then what should he do?

    In case a person is unable to attend the office of the sub-registrar on medical grounds, then he should apply to the sub-registrar through a duly authorized representative stating the fact. The sub-registrar is bound to visit such person after office hours i.e. morning 9.00 a.m. to 10.00 a.m. and in the evening 5.00 pm to 6.00 pm. That person shall admit in execution in presence of that sub- registrar, affix his photograph and sign and put his thumb impression on the document. The sub - registrar will take the document with him and complete all the formalities and process of registration.