The what, why, and how of registering a property

Last Updated at: November 04, 2019
2076

“In the absence of the deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred” implying that all the property sales would be considered invalid unless the sale deed was duly stamped and registered – Apex Court

WHY PROPERTY HAS TO BE REGISTERED?

Setting out the terms and conditions and subsequently executing the sale deed does not create any right, interest or vest ownership on the transferee unless and until the instrument is registered. This is so because the deed or instrument is only a “mere document of title to the property” and it has to pass through the mandatory operation of registration in order to confer absolute ownership on the transferee.

WHAT DOES REGISTRATION MEANS?

Registration means recording or inserting in an official register – Black Law’s Dictionary. Accordingly, registering your document creates a right in rem in favour of purchaser failing which the title upon the property holds back to the seller. Withal, as a result of property registration, the ownership details are being entered in public record which stands as a conclusive proof of title.  

TRACING THE LEGISLATION:

The idea of registration way back to British rule in India, where the regulations aimed at placing the registered deeds at priority and by that means invalidated the unregistered deeds whether executed prior or subsequent to that of the former.

A milestone in registration is enacting the Indian Registration Act, 1908 which guarantees the legal title of land to the purchaser of immovable property when he/she registers it with the concerned authority. It ensures conservation of evidences relating to the transactions, prevention of fraud, conclusive guarantee of genuineness of title and assurance of title as well.

Though the Act is a Union legislation, the authority to regulate and supervise its implementation rest upon both the Union and State as such the subject of Registration falls under the Concurrent List or List III in Seventh Schedule of Indian Constitution.

Register Your Property

REGISTRATION IS INEXORABLE:

Section 17 of the Registration Act makes the registration mandatory for all the transactions that involve the sale of an immovable property of value exceeding Rs.100/-. In present scenario, no one can dream of buying an immovable property for below the value of Rs.100/- ergo, the said section crystal clearly implies the compulsory registration of all the transactions being made. Furthermore, section 23 states that the document of title should be submitted for registration within a period of 4 months from the date of its execution.

Section 49 states that if the document is not registered, the sale deed will not have any bearing in the title of immovable property and the transaction will not confer any right to the purchaser.

CATEGORIZING YOUR NEEDS:

Before starting up to Sub-Registrar office for registering the instrument, the first and foremost step you need to do is to plan flawlessly with the guide of an Attorney. The deed has to be properly drafted prescribing the schedule, boundaries, name and addresses of the parties, etc and therefore it can be easily made with the help of Attorney who can ease half of your burden with his mastery in writing.

It is not the fact that all the Sub-Registrar Offices register your document once it is presented; the myth is that the jurisdiction plays an important part henceforth you should scrutinize the same and present it before the proper territorial authority.

Along with the original property documents, you shall also need to take certain Id proof so as to identify the party who presents themselves before the officer.

One of the uniqueness of SRO is that all are treated equally and there is no separate queue for registration of property higher in its value and therefore the parties are more likely to spend at least half a day to register their documents. While being so, hiring the Attorney for registration service makes you feel comfortable who also represents you before the officers thereby answering all the issues raised then and there in the rushing circumstances.

Of course, the stamp duty and registration fee has to be calculated appropriately and made ready along the side of document where the Attorney with his dexterity calculates the amount and guide you in this regard.

GLIMPSE OF LABOUR COUPLED WITH REGISTRATION:

  • Seeking the Attorney’s assistance in verifying the title of the property.
  • Evaluating the value of property.
  • Preparation of stamp papers and demand draft for registration fee.
  • Finalization of pro forma of conveyance deed with Attorney.
  • Enquiry in concerned Sub-Registrar office about the scepticism popped up.
  • Presentation of documents.
  • Verification of Documents, Conveyance Deed, Encumbrance Certificate, Revenue Records by the Authority.
  • Ultimately numbering and completing the registration.  

CONCLUSION:

Ignorance of law is no excuse; furthermore, ignorance of one party leads to not only taking undue advantage by other party but it also results in fraud. Therefore, investing all your valuable money in getting the immovable asset should not end up in unnecessary twists and turns thereby leading to legal disputes. Seeking the Attorney’s aid from the start of the process saves not only your time but also perfects your title in public records and other ancillaries which stand as a substantive proof for your title.

This article is to clear all doubts regarding registration of property and help you identify any ploy that may be intertwined while making any transactions pertaining to property. We make property transactions simple. #CatchingTheCatch

The what, why, and how of registering a property

2076

“In the absence of the deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred” implying that all the property sales would be considered invalid unless the sale deed was duly stamped and registered – Apex Court

WHY PROPERTY HAS TO BE REGISTERED?

Setting out the terms and conditions and subsequently executing the sale deed does not create any right, interest or vest ownership on the transferee unless and until the instrument is registered. This is so because the deed or instrument is only a “mere document of title to the property” and it has to pass through the mandatory operation of registration in order to confer absolute ownership on the transferee.

WHAT DOES REGISTRATION MEANS?

Registration means recording or inserting in an official register – Black Law’s Dictionary. Accordingly, registering your document creates a right in rem in favour of purchaser failing which the title upon the property holds back to the seller. Withal, as a result of property registration, the ownership details are being entered in public record which stands as a conclusive proof of title.  

TRACING THE LEGISLATION:

The idea of registration way back to British rule in India, where the regulations aimed at placing the registered deeds at priority and by that means invalidated the unregistered deeds whether executed prior or subsequent to that of the former.

A milestone in registration is enacting the Indian Registration Act, 1908 which guarantees the legal title of land to the purchaser of immovable property when he/she registers it with the concerned authority. It ensures conservation of evidences relating to the transactions, prevention of fraud, conclusive guarantee of genuineness of title and assurance of title as well.

Though the Act is a Union legislation, the authority to regulate and supervise its implementation rest upon both the Union and State as such the subject of Registration falls under the Concurrent List or List III in Seventh Schedule of Indian Constitution.

Register Your Property

REGISTRATION IS INEXORABLE:

Section 17 of the Registration Act makes the registration mandatory for all the transactions that involve the sale of an immovable property of value exceeding Rs.100/-. In present scenario, no one can dream of buying an immovable property for below the value of Rs.100/- ergo, the said section crystal clearly implies the compulsory registration of all the transactions being made. Furthermore, section 23 states that the document of title should be submitted for registration within a period of 4 months from the date of its execution.

Section 49 states that if the document is not registered, the sale deed will not have any bearing in the title of immovable property and the transaction will not confer any right to the purchaser.

CATEGORIZING YOUR NEEDS:

Before starting up to Sub-Registrar office for registering the instrument, the first and foremost step you need to do is to plan flawlessly with the guide of an Attorney. The deed has to be properly drafted prescribing the schedule, boundaries, name and addresses of the parties, etc and therefore it can be easily made with the help of Attorney who can ease half of your burden with his mastery in writing.

It is not the fact that all the Sub-Registrar Offices register your document once it is presented; the myth is that the jurisdiction plays an important part henceforth you should scrutinize the same and present it before the proper territorial authority.

Along with the original property documents, you shall also need to take certain Id proof so as to identify the party who presents themselves before the officer.

One of the uniqueness of SRO is that all are treated equally and there is no separate queue for registration of property higher in its value and therefore the parties are more likely to spend at least half a day to register their documents. While being so, hiring the Attorney for registration service makes you feel comfortable who also represents you before the officers thereby answering all the issues raised then and there in the rushing circumstances.

Of course, the stamp duty and registration fee has to be calculated appropriately and made ready along the side of document where the Attorney with his dexterity calculates the amount and guide you in this regard.

GLIMPSE OF LABOUR COUPLED WITH REGISTRATION:

  • Seeking the Attorney’s assistance in verifying the title of the property.
  • Evaluating the value of property.
  • Preparation of stamp papers and demand draft for registration fee.
  • Finalization of pro forma of conveyance deed with Attorney.
  • Enquiry in concerned Sub-Registrar office about the scepticism popped up.
  • Presentation of documents.
  • Verification of Documents, Conveyance Deed, Encumbrance Certificate, Revenue Records by the Authority.
  • Ultimately numbering and completing the registration.  

CONCLUSION:

Ignorance of law is no excuse; furthermore, ignorance of one party leads to not only taking undue advantage by other party but it also results in fraud. Therefore, investing all your valuable money in getting the immovable asset should not end up in unnecessary twists and turns thereby leading to legal disputes. Seeking the Attorney’s aid from the start of the process saves not only your time but also perfects your title in public records and other ancillaries which stand as a substantive proof for your title.

This article is to clear all doubts regarding registration of property and help you identify any ploy that may be intertwined while making any transactions pertaining to property. We make property transactions simple. #CatchingTheCatch

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