Can Sub Registrar Refuse to Register Property Deed?

It’s common information that it’s important to go to the sub-registrar’s workplace within the space involved to get you property registered. The first features of sub-registrars are to register property transaction associated paperwork and gather stamp responsibility and registration prices to discharge this responsibility.

However, you might not be conscious that the sub-registrar’s workplace can reject your utility for property registration for all kinds of causes, one thing that may solely jeopardize your plans to dump an asset in your time of want. The sub-registrar is principally empowered by the legislation to reject an utility for property registration, based mostly on authorized shortcomings in transaction.

This may also outcome within the purchaser refusing to go forward with the transaction. That’s the reason it can be crucial that the client, in addition to the vendor, make all efforts to make sure that the sub-registrar’s workplace approves of your utility for property registration.

Legally, the client can’t develop into the authorized proprietor of a property in India, till the transaction is duly registered in your title, as supplied beneath the Registration Act, 1908 and the Switch of Property Act, 1982. To finish the method, the client and the vendor, together with two witnesses, must method the sub-registrar’s workplace within the space involved, at an appointed time. At this juncture, a brand new purchaser could have a number of questions:

• What if the papers aren’t so as?
• What if the sub-registrar rejects the applying for property registration?
• What if there are points with the authenticity of the paper work?

The events to the transaction ought to take care, to make sure that the property registration utility is just not rejected by the officers on the sub-registrar’s workplace. We have a look at how one can guarantee this.

Paperwork wanted for property registration

The events concerned within the transaction have to supply numerous paperwork on the time of property registration. Along with the property’s paperwork, these embrace the identification and handle proof of the client, the vendor and the witnesses. Aside from copies, every celebration would even have to provide these paperwork’ originals. In case a house mortgage is taken to purchase the property, a consultant from the financial institution would additionally seem earlier than the sub-registrar.

Relying on whether or not you might be shopping for an under-construction property or a resale dwelling, you’ll have to present some or the entire paperwork talked about under:

• Sale deed
• Copy of the constructing plan
• Encumbrance certificates
• No-objection certificates
• Allotment letter
• Completion certificates
• Occupancy certificates
• Property tax receipts
• A number of copies of the doc required to be registered

Different paperwork wanted on the time of property registration

• Copies and authentic PAN playing cards of the client and vendor.
• Two passport dimension images of the client, vendor and the witnesses.
• Copies and authentic picture id proof of the client, vendor and the witnesses.

Observe right here that after the property is registered, the financial institution would maintain the unique paperwork and return it to the client solely after the complete reimbursement of the dwelling mortgage, in case housing finance is concerned within the transaction.

Observe: Underneath the provisions of the Registration Act, the sub-registrar could reject your utility for registration, with or with out citing a selected purpose for it.

Contents of the sale deed

Among the many numerous grounds on which the sub-registrar can refuse to register your property paperwork, is the language of the title deed doc and any data mismatch. If the doc is written in such a approach that the character of the contract is just not clear, your utility would stand rejected. The identical is true in case names, addresses or occupations of the transacting events as talked about within the sale deed, aren’t duly supported by ID proofs and handle proofs. Additionally, deletions or insertions made after the deed is typed, would make your utility invalid. Therefore, one must be completely sure concerning the content material that’s typed into the sale deed.

Method the correct sub-registrar

The property you will have purchased falls beneath the ambit of a sure sub-registrar’s workplace. It’s important to ebook an appointment at this particular workplace, to get your property registered. In massive cities, a number of such workplaces govern property transactions in numerous areas. This doesn’t, nonetheless, imply you could possibly method any of them, to get the registration performed. Discover the workplace of the sub-registrar involved and take an appointment, earlier than you go to it for registration.

Events to be current on the time of registration

All events concerned within the transaction (the client/s, the vendor/s, the dealer/s and the witnesses) must be current on the sub-registrar’s workplace on the appointed time. All these folks should present thumb impressions, images and signatures on the time of registration.

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