Property Documents Registration in Sub Registrar Office

Property Document Registration –

In the registration process citizens can register the documents like Sale Deed, Agreement for Sale, Power of Attorney, Leave and License Agreement, Will, Mortgage Deed, etc. After registration, the document gets stored in the Government Database with one unique document number. All the registered documents get stored as public records (except some documents, like Power of Attorney, Will, etc.) and can be accessible with their unique document number. The registration process protects the interests of those carrying out transactions.

Registration Act, 1908 and Maharashtra Registration Rules, 1961 contains the provisions and rules about the registration of documents.

Preparation for Property Registration –

1. Prepare the document regarding the transaction, for example – Agreement to Sell, Deed of Assignment, Power of Attorney, etc.
2. Attach necessary documents as per the type of the document, for example – for Sale Deed some of the documents such as ID Proofs of the parties, Photos of the Parties, Commencement Certificate, Completion Certificate, Plan Layout, etc. should be attached.
3. Pay the necessary Stamp Duty, LBT, Registration Fees, Document Handling Charges, etc.
4. Parties along with the witnesses should execute/sign the document (Meaning of Execution of Document –  to put the signature with date by the concerned parties after reading and understanding the nature of document and terms and conditions mentioned in it)
5. Make online data entry of all the information necessary for the registration of documents in the Public Data Entry facility,
6. Book an appointment in the concerned office of the Sub Registrar through the e-Step in facility,
7. And finally, presenting the document for registration to the office of Sub Registrar within four months from signing.

Check this before registration of property Document –

Usually, before entering into any contract and registration parties should at least check and confirm the title of the property, and whether all the compliance required by the law is completed or not (eg. approval of the plan, commencement and completion certificate, etc.), if the existing and/or previous transactions of the property are made through the Power of Attorney then parties should check the validity and correctness of such Power of Attorney, and it is also important to check whether the proposed transaction is prohibited by any law, etc.

Important Documents to Carry by the Parties for Registration Process –

1. The original signed document with all the necessary documents attached to it along with Stamp Duty, LBT, Document Handling Charges, Registration Fees receipts,
2. Identity Cards and Photographs of all the parties involved in the transaction,
3. In case any party or both the parties using the Power of Attorney then parties should carry the original PoA along with the Power of Attorney Declaration form stating and confirming the validity and existence of such Power of Attorney,
4. 11 Digit Public Data Entry Number along with the printout of pre-registration summary generated through the Public Data Entry Facility,
5. Receipt of Appointment Booking made through e-Stepin Facility, etc.

Process of Property Document Registration-

After finalizing the document or any agreement by the parties, the following steps are involved for registration –

1. Presentation of the signed document in the sub-registration office,
2. Admission before the sub-registrar regarding having signed oneself on the said document,
3. Sub Registrar then ensures that the parties who are admitting are truly the same and have themself signed the document and sub-registrar also cross-checks whether the Stamp Duty and Registration Fees are paid as per the document,
4. After confirming the correctness the Sub Registrar makes an entry on the document about aforesaid compliance and certifies that the document has been registered.

There are some documents that need to be registered compulsorily like, Documents by which the ownership of the property gets transferred, Gift Deed of immovable properties, Power of Attorney which gives rights to transfer immovable property, etc. And, there are some documents for which the registration is optional, like Will, Power of Attorney not giving a right to transfer the property, Leave and License Agreements for the duration less than 12 months, etc. But, it is always good to register the documents as when documents like Deeds and Agreements get registered the Government Stores the copy of it in the database.