As per section 17(1) & Section 17(1A) of The Registration Act, 1908, various documents relating to transfer of movable and immovable properties are required to be registered. Registration is a legal formality wherein the document, which is required under the law to be registered, undergoes the specified procedure by the Sub-Registrar of Assurance of the respective district. After completion of these procedures, the document is regarded as being registered.
The Sub-Registrar of Assurance does the following:
(i) He verifies the document to ascertain whether it is legal to register such a document.
(ii) He further verifies that full stamp duty is paid on that document before registration.
(iii) In his presence all parties, executing the document, admit that they have executed the document presented for registration. Parties who are present and admitting to execute the document are then personally identified by two independent witnesses. All the parties and all the witnesses present, again sign in the presence of sub-registrar on an additional page attached to the document.
(iv) Parties to the document are photographed and their left hand thumb impression is taken and such photograph and thumb impression is affixed on additional pages attached to the document apart from coloured photographs and thumb impression, which a person affixes in the agreement while executing the document. Nowadays, photographs and left hand thumb impressions of witnesses are also affixed.
(v) He puts his official seal on each page and puts a unique numbering block on each page of the document including the additional pages. On the last page he signs the document as being registered.
(vi) After completing the above procedure, he records the content of the document, including the additional pages, either by photocopying the content or by scanning the content of the document. The photocopy or scanned image is permanently retained by him in his records so that in future whenever a copy of the document is required it can be obtained. Such copy becomes a public document, which anybody can inspect by paying the requisite inspection fees and can obtain a certified true copy.
(vii) After taking a copy of the document, as mentioned above, on the record and after completing the above formalities original document is handed over to the party presenting the document for registration. This completes the whole process of registration.
Effect of non-registration
If a particular document is required to be registered under the act and is not registered then as per Section 49 of The Registration Act, 1908, that document becomes inadmissible in the court of law. In other words, it loses its legal validity in the eyes of law
(The writer is a valuer of real estate and co-author of Stamp Duty Ready Reckoner)
(To receive our E-paper on WhatsApp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)