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Adv. Yogen Kakade (+ 91 9225510883)     09 November 2015

What is registration of Property Documents? Why the registration is necessary?

Registration of Documents:

 

Registration means recording of the contents of a document with a Registering Officer or at the office of the Sub-registrar and preserving those documents at the records of the revenue department.

 

Necessity of Registration of Documents

 

The documents are registered for the purpose of assurance of conservation of particular document as evidence, assurance of title of the property and prevention of fraud. Also, registration helps any person or institution to know if the title of that property is clear or does it have any other rights or any encumbrances of any person or a financial institution.

 

The documents which needs to be Registered As per the provisions mentioned under section 17 of the Registration Act, 1908, the documents relating to the following transactions of immovable properties are required to be compulsorily registered;

 

Instruments of gift of immovable property

 

Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent. Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees. Under section 2(6) of the Registration Act, 1908 the term “Immovable property” includes: “Land, buildings, hereditary allowances, rights to ways, lights, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.”

 

Section 28 of the Registration Act, 1908 states that all documents of which registration is compulsory if it relates to an immovable property as well as a few documents of which registration is optional should normally be presented for registration in the office of Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situated.

 

Note: According to Section 49(c) of the Act, if a document of which registration is compulsory under Section 17 of Registration Act, has not been registered, it cannot be produced as an evidence in a court of law.

 

Adv. Yogen P. Kakade

 

 

Jurycon Incorporation Advocates & Consultants

Email: juryconincorporation@gmail.com

Web: www.juryconn.in 

 

 



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 1 Replies

Advocate Rajesh Bhardwaj   12 November 2015

My question sir can an advocate give identify or stand witness on sale deed.

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