Property Registration in India

The Registration Act 1908 applies when it comes to property registration in India. The key purpose for which the Act was designed was to make sure information about all deals concerning land were correct and proper land records could be maintained. The Act is used for accurate recording of transactions relating to other immovable property. The Act provides for registration of other documents also, which can give these documents more legitimacy. Registering authorities have been provided in all the districts for this purpose. Information about Registration - India's Registration Act 1908

Compulsory Registration:

• Registration of documents relating to immovable property is compulsory • Registration of will is optional, however it may be sensible to do so.

Timeline of presentation for registration

• Document should be submitted for registration within 4 months from date of execution • If a document is executed abroad by some of the parties, it can be presented for registration within four months after its arrival in India

Where documents should be registered

• Document relating to immovable property should be registered in the office of Sub-Registrar of sub-district within which the property is situated • All persons executing the document or their representatives, assigns or agents holding power of attorney must appear before registering officer • All documents must be signed the document in presence of Registrar • If document relates to transfer of ownership of immovable property, passport size photograph and finger prints of each buyer and seller of such property shall be affixed to document. [proviso to section 32A]. The Registrar is required to ensure that these are endorsed on the document.

Registration

When the Registering Officer is satisfied about identity of persons and if they admit about execution of documents, and after registration fees are paid, the registering officer will register the document and make necessary entries in the Register maintained by their office. • After all formalities are complete, the Registering Officer will endorse the document with word ‘Registered’, and sign the same. The endorsement will be copied in Register. The duly registered document is then returned to the person who presented the document for registration. • A document takes effect from its date of execution and not from date of registration. However, if the document states that it will be effective from a particular date, it will be effective from that date.