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FREQUENTLY ASKED QUESTIONS

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Q.11
Q.12
Q.13
Q.14
 

Frequently asked Questions & their answers
:-

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.


 

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