Q. Which documents need to be registered ?
Certain documents are required to be registered compulsorily for example Sale/Title Deed, Conveyance Deed,
Lease Deed, Gift Deed, Agreement to Sale etc. There are certain other documents which could also be registered optionally. These are Will Adoption deed, General Power of Attorney,Special Power of Attorney,Trust Deed,Partnership deed,Cancellation of SPA,GPA or will etc .
Q. Where do I have to go and during which hours?
To the office of Sub-Registration Magistrate in whose jurisdiction the property is located, during 9.30 a.m. to 6.00 p.m. on any working day.
Q. Which papers/documents/fees, do I take with me?
Document required to be registered ( in duplicate)
Two Passport size photographs of both parties.
Proof of identification of each party and witnesses i.e. election Identity Card, Passport, identity Card issued by Govt. of India, Semi govt. and Autonomous bodies or identification by a Gazetted officer.
In case the property is/was under a lease from D.D.A., L&DO, M.C.D., Industries Department, Labour Department of Delhi Govt. etc., permission of lessor for registration of the document.
No objection Certificate under section 8 of Delhi Land (Restriction and Transfer) Act, 1972 from Tehsildar of the Sub Division of the District to the effect that the property is not under acquisition.
Income Tax clearance Certificate in prescribed proforma 34A, under section 230 of Income Tax Act, from concerned Income Tax Officer where the transaction exceeds Rs.5,00,000/-
Permission from the Appropriate Authority in the prescribed proforma 37 I, where the transaction exceeds Rs.50,00,000/- under the provisions contained in section 269 of Income Tax Act, 1961.
Q. What will be the criteria used while deciding my case?
The document is submitted to the Reader for scrutiny. After scrutiny, the Reader indicates the Registration fee required, on the document itself.
The due registration fee is to be deposited with the Cashier against a receipt.
After depositing the fees, the documents are required to be presented before the Sub-Registrar by the parties in accordance with Section 32 of the Registration Act, 1908. Presentation
As per Section 32 of the Registration Act, 1908 every document to be registered under the Act shall be presented at the registration-office :-
by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
by the representative or assign or such a person, or
by the agent of such a person, representative or assign, duly authorized by power-of-attorney and authenticated in manner hereinafter mentioned.
As per Section 33 of the Act, for the purpose of section 32, the following powers-of-attorney shall alone be recognized:-
if the principal at the time of executing the power-of-attorney resides in any part of India in which the Act is in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
if the principal at the time aforesaid (resides in any part of India in which this Act is not in force), a power –of-attorney executed before and authenticated by any magistrate;
if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, (Indian) consul or Vice-Consul, or representative of the Central government.
Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:-
persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
persons who are in jail under civil or criminal process;
persons exempt by law from personal appearance in court.
Endorsements are made under Section 52, 58 and 60 of the Registration Act on the document after completion of formalities before Sub-Registrar.
The delivery of document is made on the production of the receipt issued by the cashier in respect of the document at the time of presentation.