Documents that need Compulsory Registration

Registration is the process of recording a copy of a document, transferring the title in immovable property to the office of the Registrar Registration acts as proof that a transaction has taken place. The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document. When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.

The real purpose of registration  is to  ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all  transactions by which the title may be affected. A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed. When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.

Registration is done after the parties execute the document. The agreement should be registered with the Sub-Registrar of Assurance under the provisions of the Indian Registration Act, 1908 within four months from the date of execution of the document. However, if due to any unavoidable circumstances, the document is not registered within the time limit, and then the document can be registered only on making an application to the Sub-Registrar of Assurance within a further period not exceeding four months and on payment of appropriate fine.

Certain documents are required to be registered compulsorily for example Sale/Title Deed, Conveyance Deed, Lease Deed, Gift Deed, and Agreement to Sale etc. There are certain other documents which could also be registered optionally. These are Will Adoption deed, General Power of Attorney, Special Power of Attorney, Trust Deed, Partnership deed, Cancellation of SPA,GPA or will etc.

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Land Acquisition Act, 1984
Due Diligence for Acquisition of Property

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