Frequently Asked Questions

Frequently Asked Questions

What is registration of document?

The final output of a property transaction is a document. The registration of property documents is a crucial facet in property transactions. A property document will be invalid and essentially useless if the document was required to be registered and registration was not done. When a document is registered, a copy of the document is kept with the registration office. Registration serves a very limited but crucial function in property transaction

What is the purpose of registration?

The purpose of registration of a document is to give ‘notice to the world' of a certain property document having been executed. Record keeping is another important function of registration offices and these records are permanent for all practical purposes. The courts of law rely heavily on such records for deciding property disputes.

How can I inspect the records of a registration office?

Since such documents are public documents, any person may apply for a copy or inspect these records. A chronological list and the details of registered documents with respect to a property can also be obtained in the form of an Encumbrance Certificate. Such documents can also be obtained by filing an RTI application with the concerned registration office. You should approach an advocate to file an RTI application on your behalf if you require copies of a registered document.

Will registration ensure that my ownership of the property is protected?

If you are purchasing a property then having the title document registered will not be sufficient. The registration office is not responsible for verifying the title, ownership or possession of a property. It is the purchaser's responsibility to ensure that the property document has been drafted appropriately and the seller's ownership of the property has been verified. This can be done with the help of an advocate who specialises in such matters by engaging one to draft and/or vet your property documents and further to conduct title searches

Which property documents need to be registered compulsorily?

As a general rule of thumb, any document affecting the rights of a person in a immovable property is required to be registered. The primary exception to this general rule is a Will. Section 17 of the Indian Registration Act, 1908 requires compulsory registration of the following property documents: • Instruments of gift of immovable property. • Instruments (other than a will)  which affect rights in any immovable property. • Instruments (other than a will)  which acknowledge the receipt or payment of any consideration for affecting rights in immovable property. • Leases of immovable property for any term exceeding one year or provide for a yearly rent. • Instruments (other than a will) transferring or assigning any decree or order of a court or any award affecting rights in immovable property. The following property documents are not required to be registered: • Any document which merely creates a right to obtain another document which when executed will affect rights in immovable property. An agreement to sell is an example of one such document. A contract for the sale of immovable property would not require registration even if it provides for the payment of any earnest money or of the whole amount. • Any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding. • Any grant of immovable property by the government. • Any instrument of partition made by a revenue officer. • Any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage. • Any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue officer.

Note: For any other questions, please contact us and we will answer your query.