Is registration compulsory for all types of transfer of immovable properties?

Except in case of transfer of shares of a co-operative housing society and housing limited company where registration is optional, virtually in all cases of transfer of immovable property like family arrangement, agreement to sell, conveyance, gift deed, lease deed (above one year), leave and license agreement, tenancy agreement, declaration deed, power of attorney to sell for consideration etc. has to be registered compulsorily under Indian Registration Act,1908 otherwise the proper legal title will not pass on to the purchaser/transferee i.e. the title will be defective if registration is not done.

In what languages should the document be written so that it can be registered in Mumbai?

It should be normally be written is English, Hindi, Marathi and Gujarati only.

After how long is the document given for registration returned?

Documents lodged for registration prior to October 1, 1995 are sent to Pune, after it is indexed, for microfilming and only then it is returned to the party, which may take a few years. All the documents lodged for registration on or from October 1, 1995 are returned to the party within a few days of indexing the same because only the photocopy is sent to Pune for microfilming. After February 1, 2002 when the registration process was computerized, normally the documents have been returned within half an hour.

Why does it take so long time for documents to be returned in old cases?

The above mentioned procedure is one of the reasons but the major reasons due to which the document remained pending at the office of sub-registrar and not being indexed and not returned to the Owner are as follows:-

• Stamp Duty was not paid according to the Market Value.
• Income Tax Clearance certificate U/s 230 was not attached where required (See Note (i) below).
• N.O.C. of Appropriate Authority in Form 37-1 was not attached where required. (See Note (ii) below).
• N.O.C. under Urban Land Ceiling Act was not attached where required.
• Certain parties to the Agreement had not admitted execution in front of the Sub-Registrar

The above deficiencies were always pointed out at the time of registration by way of remark (such as MV, 230A, 37-1, NOC, ADM) on the registration receipt itself but due to ignorance, owners have never cared to clear them and hence documents which do not have deficiencies mentioned in the points mentioned above. However deficiency relating to non-admission is tolerated and the document is accepted and kept pending for admission only.

Note:

• Income tax clearance certificate under Section 230A of Income Tax Act, 1961is now not required from 01-06-2001 even for documents accepted for registration before 01-06-2001 as requirement for such certificate was on the day of registration receipt itself but due to ignorance and a document was considered to be registered on the day it is Indexed and if it is not indexed uptil now no Income Tax Clearance certificate is required even for old cases.
• N.D.C. of Appropriate Authority in Form 37-1 is also not required from 01-07-2002. As above NOC is now obtainable this is applicable even for old cases.

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:
  • Municipal assessment bill of the building OR
  • Building Completion Certificate OR
  • Original registered agreement between the builder and original purchaser of that flat or of any other flat in that building
  • 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.
  • Original Stamp Duty payment receipt
  • One should go along with along with two witnesses
  • 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?

• Bring the complete document along with other documents above.
• Submit the document along with input form at the token window and get the token number.
• Wait till the token number is announced.
• 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.
• Pay the required registration fees and computer service charges in cash as per the receipt (Computer service charges are @ Rs.20 per page)
• The document will be returned within 30 minutes of getting the receipt
• 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?

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.