What is Property Registration?
Property registration is the process of recording a document (such as a sale deed) with the government's Sub-Registrar office. Under the Registration Act, 1908, certain documents must be registered to be legally valid and admissible as evidence in court.
Key Point: Registration of immovable property is mandatory under the Registration Act, 1908. An unregistered sale deed cannot be used as evidence in court.
Documents Requiring Mandatory Registration
Sale deed of immovable property
Gift deed of immovable property
Lease deed (for period exceeding 11 months)
Partition deed creating rights over immovable property
Power of Attorney relating to immovable property
Mortgage deed
Property Registration Process
1
Document Drafting
Prepare document on proper stamp paper
2
Stamp Duty Payment
Pay applicable stamp duty online or through stamps
3
Register Appointment
Book appointment online (many states)
4
Visit Sub-Registrar
Visit office with original documents and witnesses
5
Biometric Verification
Parties and witnesses provide biometrics
6
Collect Document
Collect registered document after 7-15 days
Documents Required for Registration
- Original document to be registered (on stamp paper)
- Title deed chain for last 30 years (for sale deed)
- Encumbrance Certificate
- Property tax receipts
- Identity proof of parties (Aadhar, PAN, Voter ID)
- Photographs of parties
- Two witnesses with identity proof
- Power of Attorney (if applicable)
Time Limit for Registration
Under Section 23 of the Registration Act, 1908, a document must be presented for registration within 4 months from the date of execution. Delay up to 4 additional months is possible with fine (up to 10 times the registration fee).
Effects of Non-Registration
- Document cannot be proved as evidence in court
- Title does not pass to the buyer
- Subsequent registered sale deed will take priority
- Cannot affect immovable property worth more than ₹100
Important: Registration must be done within the prescribed period. Delay beyond 8 months requires court order.
Online Registration Facilities
Many states now offer online registration facilities through their IGRS portals. Features include:
- Online appointment booking
- Online stamp duty payment
- Document upload and verification
- Digital signature and biometric verification
- Download of registered document
Educational Reference Only: This information is for educational purposes only. Registration procedures vary by state. Consult a qualified legal professional for specific advice.