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Why
should I register a document ?
An unregistered document is
not legally recognised as evidence, to prove transactions in
land.
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Where
should a document be registered ?
The documents should be registered
only with a Sub-Registrar in whose area, the property or its
part is situated. Other documents can be registered with any
Sub-Registrar.
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What
is the time limit for registration ?
Within 4 months from the signing
of a document by the parties.
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Can
one register after 4 months ?
Yes, but on payment of fine
and getting delay condoned ( See model application) hereto over
4 months. Fine amount ranges from 2 1/2 to 10 times the proper
registration fees. A part of this fine amount could be refunded,
by the District Registrar on deserving grounds ( For next 4
months special provisions exist).
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Who
can present and later collect a document ?
Only the parties actually
signing or claiming under a document, ( or their Power of Attorney
holder or legal representative) can present a document. The
document is later returned only to the said presenter or to
his nominee. Presentation can be done by only one person.
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Are
there special rules about such Power of Attorney ?
(a) In India,
where the Registration Act, 1908, is in force, the Power of
Attorney should be authenticated by a Sub Registrar only, (Whenever
a person signs the document and his attorney presents/ admits
execution).
(b) In other areas, attestation
should be by a Notary or diplomatic agents.
(c) In case an attorney under
a valid Power of Attorney himself signs a document, he may,
as an executing ( signing) party present/admit execution of
a document though it is attested by a Notary, unless the text
of the power specifically excludes such powers.
(d) Foreign Power of Attorney should be got
stamped by the Collector after its receipt in India within prescribed
time of 3 months.
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From
whom should I get a document drafted ?
A party may choose his own
person, whether a Lawyer or a non legal person, to get drafted
his document. However, it is desirable to get document drafted
only through Lawyers, since any defect remaining in your document
due to ignorance/mistake of law on the part of a non legal person,
could involve you in costly litigations later or even loss of
property.
( Special Caution :- Rules
prohibit Government Servants from private business of drafting
documents. In case you land in problems later, they would not
then be able to help you in any way. Any desire to save money
or take short cut now, may, in some cases, result in irreparable
defect in your title to the property.
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How
to get an appointment with Sub-Registrar for presenting a document
?
The Registration Act 1908
does not lay down taking any advance appointments to present
a document and normally any Registrar is expected to accept
documents on the spot. But, due to simultaneous voluminous work
in other designations held by him, taking advance appointment
is always desirable.
In any case, the appointment
would normally be given by the office, if not on the same day,
then positively over the next two days or so.
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How
many times I have visit office for registration of documents
?
Models of several applications
are annexed hereto for guidance. Besides, such model forms have
been required to be displayed at the Notice Boards of the offices.
Certificates should be applied for sufficiently in advance,
since the same involve search. Depending on the work in particular
offices, it normally takes between 3 to 15 days from the date
of application
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What
is the manner of paying registration fees ?
All fees are to be paid at
the time of presentation of document against a receipt. ( In
case the amount of fees is substantial, the same may have to
be paid by a challan in the Treasury).
All fees are collected at
the time of presentation of a document.
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Is it
true that mere fact of registration does not mean that he document
is legally valid ?
Yes, Registration is one of
the several formalities in completing a transaction and while
registering, a Sub-Registrar is not expected to concern himself
with the legal validity of the transaction but has to restrict
himself to verifying prescribed formal aspects only under the
Registration Act, 1908, like stamp duty, identification of parties,
description of property and similar. It is for the parties to
ascertain in advance through a Lawyer or otherwise, the legality
of the transaction before drawing up a document.