Common Questions on Registration Laws.
- What is Registration Law?
- Which Law is applicable while Registration of a Property?
- Is it necessary for Registration of Document?
Humans enter innumerable transactions in their lives. Law trusts some of these to be appropriately known by all in the larger interest of the society. Thus, the idea of registration of certain human exchanges by State advanced. To guarantee this, State made the necessary policies.
What is Registration Law?
Registration of the documents of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. The law of registration of documents is contained in the Indian Registration Act.
Laws Applicable on Registration?
The major legislation in India is the Registration Act 1908.
The reason for the Registration Act, in addition to other things, is to give a strategy for public registration of documents in order to offer data to individuals with respect to lawful rights and commitments emerging or influencing a specific property, and to sustain documents which may a while later be of legitimate significance, and furthermore to counteract extortion. Registration loans sacredness and significance to specific classes of documents.
As per the Act, registration of immovable property is mandatory, section 17 states that a immovable property having value more than Rs.100/- has to be registered.
As per the Act, registration of immovable property is mandatory however, Section 17(2) of the Act speaks of some documents which despite being related to immovable property do not necessarily have to be registered.
Section 18 of the Act talks about the documents whose registration is optional. The registration of Wills is optional. Leases of immovable property for a term not exceeding a year is optional.
The time limit for a document (apart from a will) is 4 months from the date of its execution. Section 23A talks about the re-registration of some particular documents, Section 26 about a particular power of the registering officer. A document executed outside India is not valid unless it is registered in India.
As per Section 28 of the Registration Act, document affecting immovable property mentioned in Section 17(a) to 17(e) and Section 17(2) should be presented to the Sub-Registrar’s office within whose sub-district the portion of the relevant property is situated. For the remaining types of documents, as per Section 29 of the Act, the office of the Sub-Registrar within whose sub-district the execution of the document took place.
In case a representative is presenting a document for registration, he/she must possess a Special Power of Attorney to do so, a General Power of Attorney would not suffice.
The Registrar does have the power to refuse registration on certain grounds, some of them are; the presentation of a document by a minor, document being presented after the limitation period of 4 months, concerned property being outside his jurisdiction, etc. However, undervaluation of stamp duty is not a ground for the Registrar to refuse registration.
On the off chance that a document which is required to be register under Section 17 or under policies of Transfer of Property Act, 1882 isn't registered, the impact is that such un-registered document does not influence any immovable property in that it can't be used as evidence of any exchange influencing such property. Hence, the document winds up plainly pointless for every pragmatic reason. However, it may be acknowledged as evidence in criminal procedures.
Necessity of Registration.
Registration of the documents of sale and purchase of immovable property is necessary and ensures conservation of evidence, prevention of fraud and assurance of title.