How to register documents as per Indian Registration Act?
Property transactions are very important things. It has to be carefully drafted, executed and registered vide documentation and procedures. Indian Registration Act deals with the procedures to be followed when registering documents. There are certain functions and duties of a registrar under the Act. He will look into certain aspects relating to documentation at the time of presenting these documents for registration.
For instance, if one plans to sell his property and he got a buyer, they may enter into a sale agreement or directly to the deed. The deed is a most important aspect regarding the sale transaction. It has to be drafted suitably enabling the easy registration in the registration office complying with the provisions of the Act. The buyer and seller shall specify the names and complete address, photo etc. The flow of title and the description regarding prior ownership and documents are needed. Now we shall see certain powers of the registrar which relates to the contents or writing of the deed or document. The registering authority will look into certain criteria in common for all documents presenting for registering in his office. If these conditions are not satisfied he may reject the document. These are as follows:
1) Unknown language
Section 19 of the Act says that if the language of the document presented for registration before the registering authority or the registrar is one he does not understand and which is not commonly used in the district, he shall refuse to register the documents. However, he can register these kinds of documents if it is accompanied by a true translation into a language commonly used in the district and also by a true copy.
2) Corrections, alterations etc.
Section 20 provides that the registrar may refuse to register the documents if it contains interlinetions, blanks, erasures or alterations. However he may accept those type of document if it was attested with the signature of the persons executing it. If the executant initials such intelineations, erasures, blanks or alterations, then also the registrar can accept the document for registration.
The registrar shall make note of the intelineations, erasures, blanks or alterations in the concerned register.
3) Description of property etc.
There should be accurate and specific description of the immovable property or building. If the sale is of a house, then the details needed to locate or identify the house like boundaries of streets, road etc or the number of the building if any, etc shall be mentioned.
The list is short; but included the basic elements. Readers may please share your views and thoughts relating to the topic so that we may enrich the post for common good. Thank you.