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System of Registration in Real Estate

Updated: Aug 22, 2020


Real estate is basically life’s most significant and most important investment.


1. What is the jurisdiction of registering in real estate?

  • With a robust and well functioned government machinery the registering operation takes place under section 17 of Registration Act,1908 providing with the registration of documents, deeds, instruments and etc. which creates an interest in favor of transferee or beneficiary is to be mandatorily registered.

2. What rights in respect to land are to be registered?

  • Any property being of more than Rs. 100 is to be registered. Section 17 of the Registration Act provides that the documents need to be mandatorily registered.

  • As per the decision rendered by the Hon'ble Supreme Court of India in the Case of -

S. Kaladevi vs V. R. Somasundaram & Ors decided on 12 April, 2010, sale of immovable property of the value of Rs. 100/- and more requires mandatory registration.

3. What rights in respect to land are not to be registered?

  • Following under section 18 of Registration Act, 1908 documents which are optional like instrument acknowledging the receipt of payment of any consideration on account of the creation of extinction of any such right, easements with agreements, lease of immovable property not exceeding one year, wills and etc.

4. What are the procedures for registration?


1. Keep in mind that the registered property should be submitted to the office of the sub- registrar of assurance with the concerned jurisdiction of the property.

2. There has to be 2 signatories – seller and buyer to be present following with other 2 witnesses.

IMPORTANT: As per the recent amendment, presence of the buyer for registration of immovable property is not compulsory but the seller's presence at the office of the Sub-Registrar is compulsory.


5. What proof do the signatories need to carry?

  1. Aadhaar Card,

  2. PAN Card,

  3. Any other proof of identity issued by government of India.

IMPORTANT: the signatories have to furnish the power of attorney, if they are representing someone else. (where companies are party to agreement)


6. What else is to be submitted to sub-registrar?

  1. Property card,

  2. Original documents,

  3. Proof of payment of stamp duty.


7. What could be fees and time limit regarding the registration of property?

  1. The registration is basically 1 % of the value of property which is subject to maximum of Rs. 30,000.

  2. It should be presented within 4 months from the date of execution with requisite fees.

  3. In case where time limit has expired- you can make an application following to sub-registrar for condonation of delay, within the next 4 months with payment of fine which could be up to 10 times of original registration fees.


IMPORTANT: the documents are scanned and returned to you on the same day. Earlier it was a period of 6 months.


RISK FACTOR IN CASE OF NON- REGISTARTION: any document which has to be mandatorily registered is not registered then it cannot be admitted as an evidence in any court of law. Section 49 of the Registration Act, 1908 talks about the non-registration of the documents that require compulsory registration.


8. How can a real estate owner prove their title in court of law?

  • The owner of the real estate can prove their title through documents of registration, such document would be admissible in court of law under the Registration Act, 1908, The Evidence Act,1872 and Transfer of Property Act, 1809.


9. With the digital world can the transaction of real estate be completed electronically?

  • No, there has to be physical presence of the party for the transaction.

10. With the digital world can information of ownership of registered real estate be accessed electronically?

  • Yes, it can be accessed when they were first digitized in that respective jurisdiction.

  • Change of Land Use (CLU) is where all the cases which are pending or rejected are all available on the website of Department of Town and Country Planning.

  • Also, with such list licenses cases are also available online.


11. what else is available online on the website of Department of Town and Country Planning?

  • Mobility plans, government plans, e-government initiatives, controlled/ urban area details, policy documents, and etc.

12. Can any person claim compensation from the registry/registries if they make any mistake?

  • When there is any incorrect endorsing, copying, and translating a registered document with intent to misinform then that respected affected person can claim compensation.

  • Such authorities are deemed as public servants under the Indian Penal Code and with the failure of their services any person can approach to the court under Article 32 and Article 226 of the constitution and claim for remedy.

  • Principle of strict and absolute liberty is applicable on registry in cases of tort law.

DID YOU KNOW?


1.Providing a guarantee of title is one of the Legislative agenda of the state.

2. contractual protections is the title which is named when state gives a title for allotment of land in case of eminent domain.

3. Non-payment of stamp duty does not make the document void or otherwise invalid.

4. There is no probationary period allowed in India.

5. There are several registration offices with each district having one.

6. According to section 57 of Registration Act, 1908- registering officer can allow for inspection of certain books and indexes and can give certified copies of entries.

7. Any citizen of India can make an application under Right to Information, 2005 (RTI), if they want any government information or in respect to Public Information Officer under RTI, all such details like e-mail, phone number, address etc. are provided online.


IMPORTANT: All documents are to be registered within 4 weeks from the date of execution or during the extended period of 4 weeks. Registration of will is an exception.

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