Q.1 When immovable property is purchased what is to be done to get it registered?
Ans. The following steps are involved in regisration process:
i) All details about value of property as per Collector’s rate,
charges to be paid in the shape of stamp duty, registration fee, service charges
and format of the instruments can be obtained from the HARIS counter in the Sub-
Registrar/Joint Sub Registrar’s office where the property is situated.
ii) Based on the value of the property at Collector’s rate, stamp
papers up to Rs. 10,000/- can be purchased from the stamp vendors. If the instruments
require stamp papers of more than Rs. 10,000/- the executant has to obtain the
stamp papers from the treasury office by depositing the amount in the State Bank
of India under head “ 0030-Stamp and Registration”.
iii) After purchase of stamp paper(s) the document has to be
written by himself/herself or by the document writer and executed in the presence
of two witnesses. Necessary enclosures like copy of title deed, copy of Jamabandi,
map, plan, digital photograph etc have to be enclosed with the document. The document
has to be presented before the concerned Sub-Registrar/Joint Sub Registrar in
whose jurisdiction the property is situated. The Sub Registrar/Joint Sub Registrar
is to scruitinise the document and amount of Stamp duty, registration fee and
service chages through computerized HARIS system.
iv)
Thereafter executant has to appear before the Sub Registrar/Joint Sub-Registrar
for admission of the document. Two witnesses are required to be present before
the Sub Registrar/Joint Sub Registrar to authenticate the identity of the executant.
The Sub Registar/Joint Sub Registrar endorses the admission of executant after
following the prescribed procedure and, thereafter, he will add registration certificate
on the document through computerized HARIS system. At the final stage of registration
the copy of the document is to be pasted in the concerned Book and the original
document is returned to the claimant on the same day or the next day.
Q.2 Whether the executant is bound to pay stamp
duty and registration fee on the value of the Collector’s rate? Ans. Executant
is not bound to pay stamp duty and registration fee on the value of the Collector’s
rate. He can refer his case to the Collector under Section 47-A of the Indian
Stamp Act, 1899 for determination of the value of consideration and proper amount
of stamp duty and registration fee payable therein.
Q.3 Who are called Collectors and Appellate Authority U/S 47A of the Indian Stamp
Act, 1899? Ans. Deputy Commissioners, SDOs(C) and District Revenue
Officers are declared as Collectors under Section 47-A of the Indian Stamp Act,
1899. The Divisional Commissioners are declared as Appellate Authority under this
Act.
Q.4 In the case of sale deed, conveyance
deed, exchange deed, lease/rent deed, partition deeds by whom stamp duty has to
be paid? Ans. Purchaser has to pay stamp duty on sale/conveyance
deeds. In the case of exchange deeds, both the parties have to pay stamp duty
in equal shares. In lease/rent deed, it is payabvle by the lessee. In partition
deeds it is payable by the parties in proportion to their respective shares. In
all other cases, the stamp duty is generally payable by the executant of the documents.
Q.5 Name the main documents which are compulsorily
registrable documents and under which section of the Act. Ans. Mainly
all documents relating to sale, conveyance, exchange, gift, settlement partition,
mortgage, lease, decrees and release of immovable property of the value of one
hundred rupees or more are compulsorily registerable documents under Section 17
of the Registration Act, 1908. The remaining categories of documents as mentioned
in Section 18 of the Registration Act, 1908 are optionally registerable documents.
Q.6 Is it necessary to incorporate full description of the property in the documents?
Ans. Yes, it is necessary to incorporate full description along with
map/plan/details of adjoining houses or streets etc. to the boundaries of the
property to which a document relates. It should be with reference to the survey
number/Town survey number /House number and the village/street/locality, etc (Section
21 and 22 of the Registration Act, 1908).
Q.7 Is there any time limit prescribed to get the documents registered ? Ans.
All documents except Will, shall be presented for registration within four months
from the date of execution (Section 23 of the Registration Act, 1908). Section
25 of the said Act provides for consideration of delay up to four months on payment
of a fine not exceeding ten times of the registration fee by the Registrar of
the district. Wills can be presented at any time before any Registrar or Sub Registrar
by the testator or after his death by any person claiming as executor or otherwise.
Q.8 Can documents relating to the immovable
property situated at Delhi be registered at Gurgaon? Ans. No. It
cannot be done because as per Registration Act, 1908 are required to be presented
for registration in the office of Sub Registrar/Joint Sub Registrar within whose
jurisdiction the property or a portion of the property is situated.
Q.9 Is a power of attorney compulsorily registerable document? Ans.
Power of Attorney is not a compulsorily registerable document.
Q.10 Whether power of attorney can be regarded as a title deed? Ans.
Power of attorney cannot be regarded as a title deed because it does not affect
any transfer of property.
Q.11 In the
recent past agreements of sale have been made compulsorily registerable documents.
Can these be treated as a title deed? Ans. Agreement of sale cannot
be treated as a title deed. However, this will give a right to its holder to obtain
a sale deed in his favour. Registration will enhance its evidentiary value and
credibility.
Q.12 When a document is reliable to be stamped?
Ans. All documents chargeable with duty and executed in India shall be
stamped before or at the time of execution (Section 17 of the Indian Stamp Act,
1899).
Q.13 What is the rate of stamp
duty of the following instruments:- (i) Sale/conveyances (ii) Gift deed.
(iii) If the sale is executed in favour of a women. (iv) Exchange. (v)
GPA/SPA (vi) Patnership Ans. (i) @ 6% in Rural
areas and @ 8% in urban areas. (ii) @ 3% in Rural areas and @ 5% in urban
areas. (iii) @ 4% in Rural areas and @ 6% in urban areas. (iv) @ 6% of
the greatest value of one share in rural areas and @ 8% in the share of the greatest
value in urban areas. (v) 300/- 100/- (vi) Rs. 22.50
Q.14 At what place different kinds of stamps are made available? Ans. Stamps of different kinds are made available in all the
Government Treasuries and Sub Treasuries and also on the counter of the stamp
vendors.
