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.

The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.

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 contained in the register, as being a full and complete account of all transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not 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.

STEP BY STEP PROCEDURE

The registration procedure can be completed quickly if you have all the right documents

What are the papers/requirements at the time of registration of documents? Please give full details.

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 document 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 document and one photocopy. The document must be printed or typed on one side only and in black colour. 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 government or semi- government body or to a charitable trust
• Property Card of the land on which the property is being registered is situated. This requirement is irrespective of whether land is sold or the building is being sold or any other part of the building is being sold and also irrespective of whether the seller of the property is recorded as the owner on the property card or not. In other words, even the flat owners are expected to produce this paper at the time of registration.
• If property sold/purchased is in the old building and the benefit of depreciation is claimed on the market value, then any one of the following documents is to be produced as a proof of old construction:
  

  a. Municipal assessment bill of the building OR b. Building Completion Certificate OR c. Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building d. Original registered agreement between the builder and original purchaser of that flat or of any flat in that building. It is better to get the document adjudicated in case the building is very old and proper depreciation is not given by the sub-registrar. o Original Stamp Duty payment receipt o One should go along with along with two witnesses o Registration fees and computer service charges is to be paid in cash to sub-registrar at the time of registration

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

1. Bring the complete document along with other documents above.
2. Submit the document along with input form at the token window and get the token number.
3. Wait till the token number is announced.
4. 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.
5. Pay the required registration fees and computer service charges in cash as per the receipt (Computer service charges are @ Rs.20 per page)
6. The document will be returned within 30 minutes of getting the receipt
7. Please deal only with Officers and staff of the Registration Department who always display government identity card with Government Seal.
   

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

1. 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 5.00pm 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.

The offices of Sub-Registrar of Assurance in Greater Bombay are located at the following places:

1. Sub-Registrar of Assurances,
   Old Customs House,
   Ground Floor,
   Shahid Bhagat Singh Marg,
   Ph: 266 2853 Timings: 10 : 00 a.m. to 4 :30 p.m.
   Lunch: 1 : 00 to 1 : 30 p.m.
   2nd and 4th Saturdays and Sundays closed.
   
   
2. Sub-Registrar of Assurances,
   Griha Nirman Bhavan,
   Ground Floor,
   Bandra (E),
   Mumbai 400 051. Ph:642 2161
   Timings: 10 : 00 a.m. to 4 : 30 p.m.
   Lunch: 1 : 00 a.m. to 1 : 30 p.m.
   2nd and 4th Saturdays and Sundays closed.
   
   
3. Sub-Registrar of Assurance,
   Town Hall,
   Collector's Office Compound,
   Thane (West).
   
   
4. Sub-Registrar of Assurances,
   Vasai (West).
   5. Sub-Registrar of Assurances,
   Opp. Station, Kalyan (West).
   (2nd and 4th Saturdays and Sundays closed..