Registration Of Legal Documents-
Registration is the process of recording a document with a recognized officer and to safeguard its original copies . Any document whether binding or non-binding shall be registered in a required manner. Registration of every document is not necessary but doing so affirms the authenticity and helps in avoiding legal process. Many people are not familiar with the concept of registration and hence, do not understand its importance in eyes of law. It is crucial to be familiarized with registration and what it includes to avoid disputes. There are two kinds of registration according to The Registration Act, 1908 namely “Mandatory Registration” and “Optional Registration” .
MANDATORY REGISTRATION
Section 17 of the Indian Registration Act, 1908 provides for mandatory registration of certain documents. Those are as follows:-
- Gift deed related to an immovable property;
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Non-testamentary instruments:
- purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above;
- which acknowledge receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest;
- Lease of immovable property for any term exceeding one year or reservation of yearly rent;
- Contracts for transfer of immovable property for a consideration for purpose of Section 53A of Transfer of Property Act, 1882 is executed on or after the inception of Registration and Other Related Laws (Amendment) Act, 2001. Failing to do so will result in transfer being invalid.
OPTIONAL REGISTRATION
But not all documents have to be registered. Section 18 provides for optional registration of some documents such as:-
- Adoption Deed
- Instrument relating to shares in joint stock company
- Debentures issued by joint stock company
- Will
- Lease of immovable property not exceeding 1 year
- Document of a past transaction
- Power of Attorney with respect to movable property
- Decree or order of court comprising an immovable property valued below Rs. 100
- Certificate of Sale granted
- Agreement of Mortgage
- Promissory note
- Instrument of partition by Revenue Officer
- Grant of immovable property by Government
WHEN TO REGISTER DOCUMENTS?
According to Section 23 of The Registration Act, 1908, all documents except a will have to be presented for registration within 4 months from the date of execution. If a document is executed by several persons at different times then that document has to be presented for registration and re-registration within 4 months from the date of each execution (Section 24 of The Registration Act, 1908).
If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months but it is presented after its expiry will be accepted for registration provided that 10 times the amount of registration fees is paid and delay in presentation does not exceed 4 months.
Application for such a step has to be made to Sub-Registrar who will forward such application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act, 1908). If a document is executed outside India by any or all of the parties and is presented after expiry 4 months then it will be accepted for registration provided that it was executed and presented for registration within 4 months after its arrival to India (Section 26 of The Registration Act, 1908).
WHERE TO REGISTER?
In case of documents regarding immovable property, it shall be presented for registration in the office of Sub-Registrar within whose district the property or part of it is located (Section 28 of The Registration Act, 1908). In case of all other documents, they shall be presented:-
- In the office of Sub-Registrar in whose sub-district the document was executed; or
- In the office of any other Sub-Registrar under State Government where all individuals desire the document to be registered.
- The Officer authorized to register a document may on a special cause being shown also go to the individual’s private residence who desires to present a document for registration or deposit a will (Section 31 of The Registration Act, 1908).
Who can apply for registration?
According to Section 32 of The Registration Act, 1908, every document (except in cases of Sections 31, 88 and 89 of The Registration Act, 1908) shall be presented for registration or deposited in a proper 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
- the representative or assignee of such a person, or
- the agent of such a person, representative or assign, duly authorized by power-of-attorney executed and authenticated in the manner hereinafter mentioned.
Every person presenting a document for registration shall affix his passport size photograph along with fingerprints to the document. In a case where a document is related to transfer of ownership of immovable property, passport size photographs and fingerprints of all the buyers and sellers mentioned in the document shall be affixed (Section 32A of The Registration Act, 1908).
In case of a will or authority to adopt, the testator or after his death any executor may or a donor or after his death the donee or adoptive son may present it to the Registrar or Sub-Registrar for registration respectively (Section 40 and Section 41 of The Registration Act, 1908). It shall be registered if it is satisfied that:-
- The will or authority to adopt was executed by the executor or donor;
- The testator or donor is dead;
- The person presenting the will or authority to adopt is entitled to present the same
How to get your Legal Documents Registered through DiLSEWiLL-
- Please do connect to our Customer Care Executive at 9830648068/8017053224. You may also mail your queries to [email protected]. Live chat is functional on our website from 10:30 am to 7:00 pm on weekdays.
- A quotation shall be emailed to you after taking all necessary information from your end
- After approval of the quotation, the agreed charges will need to be deposited by you.
- The procedure for Registration of the Legal Document will then be initiated.
