An unregistered document is not legally recognized as
evidence, to prove transactions in land. The documents should be registered only
with a Sub-Registrar in whose area of jurisdiction, the property or its part is
situated. This must be completed
within four months from the date of signing of a document by the
parties. This can be done beyond four months also, but only on
payment of a fine and by applying through a written application to get the delay
condoned hereto over the next 4 months. The fine payable ranges from 2.5 to 10
times the proper registration fees. A part of this fine amount could be
refunded, on deserving grounds. Only the parties
actually signing or claiming rights under a document, their Power of Attorney
holder or their legal representative can present a document to the Sub-Registrar
for registration. The document is later registered and returned only to the said
presenter or to his nominee. Presentation can be done by only one person who is
party to the signing of the document or his
representative.
Appointment with the Sub-Registrar
The
Registration Act 1908 does not lay down taking any advance appointments to
present a document and normally any Registrar is expected to accept documents on
the spot. But due to simultaneous voluminous work in other designations held by
him, taking advance appointment is always desirable. In any case, the
appointment would normally be given by the office, if not on the same day, then
positively within the next two days. Registration of
documents is only one of the several functions discharged by a Sub-Registrar and
sometimes it is possible that in view of other formalities, registration is
delayed. In such cases, you may request the Sub-Registrar to give you a specific
appointment. Under the Registration Act 1908 a Sub Registrar cannot decline to
accept a document except on the ground that the document relates to properties
outside the area of his jurisdiction. When he refuses, law requires that he/she
should record the same, in the Day Book, record that refusal in the Book II of
Refusals and then give you a copy of reasons for refusal without charging any
extra fees. An appeal can be made to District Registrar against the
refusal.
Note :- In case the refusal is legitimate and is
upheld, only half the fees collected by the Sub-Registrar could be refunded to
the party. So, consider carefully the advice of the Sub-Registrar before
insisting on official refusal.There is
absolutely no fee charged for giving an appointment. Please discourage any self
styled middleman (who could be even respectable professionals), offering to
secure appointments for some price. Insist on receipt for any money paid.
Absence of receipt may be an indication about the office not being aware of your
work at all.
How to apply for various services
Models
of several applications are required
to be displayed at the Notice Boards of the offices of the Sub-Registrars.
Documents that involve the effort of searching should be applied for in advance.
Depending on the work in particular offices, it normally takes between 3 to 15
days from the date of application.Registration is
a simple routine procedure. If the document is in order, the Registering officer
has to compulsorily accept it. But, if provisions of law are not met, the
document cannot be accepted or registered. |
Registration under The Registration Act 1908
