What is meant by Document Registration?
The meaning of Document Registration can be explained as follows- Presentation of written and signed document relating to transaction by the party before Sub Registrar, and To make voluntary admission of having signed oneself on the said document, and Sub Registrar to ensure that the admitting person is truly the same and has himself signed the document, and Sub Registrar to make an entry on the document about aforesaid compliance and to certify that the document has been registered, and Copying the document thus complied with, in the book of registration; similarly to prepare an index containing summary/synopsis of that document. In short, to register a document can generally be said to mean that the Sub Registrar should satisfy himself that the concerned persons have themselves signed the document, and after certifying it accordingly, to include the document in Government records; similarly to make available to the public at large the information of transaction mentioned in the document and thereby to protect the interests of those carrying out transactions. The registration of document is carried out in accordance with the Registration Act, 1908. In the context of provisions of this Act, the detailed procedure of document registration has been laid down under Maharashtra Registration Rules, 1961.
What different papers are necessary to be taken along with in the office of Sub-Registrar for registration of document?
While going to the office of Sub Registrar for registration of document, it is necessary to carry along the following papers- 1. The original document with proper Stamp Duty and bearing signatures of all parties. 2. If Stamp Duty and Registration Fee has been paid through e-Payment system, the proof thereof. 3. Identity cards with photos of all parties who will be present to admit the execution. 4. Persons who will identify the parties and Identity cards with photos of such persons. 5. Necessary papers according to category of document. 6. Amount to be paid in cash/DHC online Challan as Document Handling Charge at the rate of Rs. 20/- per page depending on the number of pages in the document to be registered. 7. If the Power of Attorney holder has executed the document on the basis of Power of Attorney or if the document executed by the Principal Person is being presented for registration and/or admission is being given on behalf of the original executor on the basis of Power of Attorney, then the original Power of Attorney showing such right, its true copy and declaration to be given in prescribed form regarding existence of the said Power of Attorney. 8. If the Public Data Entry option has been used, then the 11 digit number obtained through it and print-out of pre-registration summary. If Public Data Entry has not been made, then the Input Form mentioning information of document and the amount to be remitted in cash in the office of Sub Registrar as Data Entry Charge at the rate of Rs.20/-. 9. If time slot is booked through e-Step in system, the receipt thereof.
What major steps are to be followed in the document registration process after reaching Registration Office?
A document is accepted for registration if there are no legal provisions restricting transaction in it. A document has to go through the following steps in registration process- 1. An entry is made in Token Register and token is issued, 2. The document is verified by the Sub Registrar, 3. If data entry has been already done by using Public Data Entry, the data is fetched into the computer of Office of Sub Registrar by using the 11 digit number, or else data entry is made in the office of Sub Registrar on the basis of Input Form, 4. The properly stamped and eligible for registration document is accepted for registration, 5. A receipt is given after payment of necessary Registration Fee and Document Handling Charge, 6. Admission of execution is given by the parties executing the document or by their Power of Attorney holder, 7. If the consideration is being given before the Sub Registrar, an entry in that respect is made on the document, 8. Identification is made by identifier who recognises the party giving admission of execution, 9. The Sub Registrar gives a certificate of Registration on the document, 10. After scanning of the document, the Sub Registrar returns to the party original document along with thumbnail print, Index 2, and a C.D. containing scanned image of document.
Why should a document be registered? What are its benefits?
Following are the benefits of document registration: 1. According to Section 49 of the Registration Act 1908, the registered document is accepted as legal evidence of the transaction mentioned in it. 2. As per the Transfer of Property Act 1882, the property is transferred accordingly only when documents like Sale Deed, Mortgage Deed, Lease Deed, Exchange Deed and Gift Deed are registered. 3. The right which is transferred is established on the basis of a document, if it is registered. 4. If registered, the parties to the document are bound by the terms and conditions /transaction mentioned in the document. 5. If registered, claim can be filed in a competent court for fulfilment of the transaction mentioned in document ,if required.
What are the documents which need to be compulsorily registered as per the Registration Act?
Documents requiring compulsory registration are included in Section 17 of the Registration Act, 1908. Some Important documents in it are as follows: – 1. Documents by which the rights, title and interest, are going to be created, declared, transferred or terminated and the value of immovable property in the document is Rs.100/- or more, 2. Gift Deed of immovable property, 3. Power of Attorney giving rights to transfer immovable property. [Besides, according to Section 55 of Rent Control Act, 1999 registration of Agreement of Leave and License is compulsory].
What loss can occur if a document for which registration is compulsory is not registered?
The list of documents for which registration is compulsory is mentioned in Section 17 of Registration Act, 1908. If such type of documents are not registered, then- The title being transferred on the basis of such document is not established (not proven). As per Section 49 of Registration Act, 1908, such documents are not admitted as legal proof of the transaction mentioned therein. As per the Transfer of Property Act, 1882, if documents such as Sale Deed, Mortgage Deed, Lease Deed and Gift Deed are not registered then transfer of property does not take place. Parties to such document are likely to avoid fulfilment of terms and conditions/transactions mentioned in the document. Difficulties may arise in filing a Petition in competent court for fulfilment of transactions mentioned in such document. Such a document does not become part of Government records and therefore if a dispute arises in future between the heirs of original parties or if need arises for some other reason, no Government proof is available to establish genuineness of the document. Besides, there is no way available for the general public to know about the transaction related to that document, and therefore taking undue advantage the possibility of resale/retransfer of that property remains in balance and this way the original purchaser and the subsequent purchaser both are likely to be defrauded.
Give information about rates of Registration Fee for registration of documents?
After a document is presented for registration, Registration Fee is levied as per Table of Registration Fees. The said Table is available on the Registration and Stamps Department’s website www.igrmaharashtra.gov.in, under the heading ‘Publications’ and sub heading ‘Fee Structure’. The Registration Fees of some prime documents are as follows:- Sr. No Document Type Registration Fee 1 Sale Deed, Gift Deed, Agreement to Sale of Flat or land, Development Agreement At the rate of Rs. 10/- for each Rs. 1000/- of Market value or Consideration whichever is higher, with minimum Rs.100/- and maximum Rs.30,000/- 2 Mortgage Deed At the rate of Rs. 10/- for each Rs. 1000/-on loan amount stated in document, with minimum Rs. 100/- and maximum Rs. 30,000/- 3 Leave and License Agreement (e.g. Agreement for use of Tenement for 11 months) A. At fixed rate of Rs. 1000/- for property within corporation limits, B. At fixed rate of Rs.500/- for property in remaining areas.
In what manner Registration Fee can be paid?
The Registration Fee can be paid by e-payment mode, through the GRAS (Government Receipt and Accounting System), generally in the name of that office of Sub Registrar where registration of document is planned. A Registration Fee of less than Rs. 300/- can be paid in cash also.
For registration of which document it is necessary to mention PAN in the document?
As per Section 139 of Income Tax Act, 1961 and Rule 114 of Income Tax Rules, 1962, in respect of a document of transfer of property of value of Rs.5 lac and above, it is necessary to mention the Income Tax Department’s Permanent Account Number (PAN) of transacting parties. Besides, it is necessary to attach a readable copy of PAN card with the document.
What should concerned parties in the document do if they do not have a PAN while registering such document?
As stated in Rule 114 of Income Tax Act, 1962, if the concerned parties in the document do not have a Permanent Account Number (PAN), then it is necessary for them to attach a declaration with the document as follows: 1. As per Form 60 by parties who have done the transaction in cash and 2. As per Form 61 by parties for whom agriculture is the only source of income and have no other taxable source of income. The said forms are available on the Registration and Stamps Department’s website www.igrmaharashtra.gov.in, under the heading ‘Downloads’ and sub headings ‘Forms’.