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Documentation



The Transfer of Property Act 1882 and Registration Act, 1908 prescribe registration of certain documents as compulsory and mandate certain documents to be valid; in that, they should give "notice to the world" as per the Registration Act, 1908. The documents registered in Book 1 of Registration Offices are public documents, so any public may inspect such book; get copies of the same and a list of details of registered documents chronologically in the form of an Encumbrance Certificate (EC).

Some of the compulsorily registrable documents include those affecting immovable property through sale, gift, partition, release, mortgage, lease, sale agreement. Records containing the copies of registered documents in Registration Offices are permanent in nature and Civil courts depend heavily on these records in deciding the issues like title, ownership, possession of immovable properties. It is always better to know some of the important aspects of document and its registration so as to check whether the person who is entrusted with its preparation and registration is acting aptly. The purchaser must take all the measures and precautions to record all the recitals/covenants properly pertaining to the transaction in the document; and get it registered as per the provisions of Registration Act, 1908. The shortcomings in documentation may result in civil disputes and the parties have to undergo mental and physical strain besides incurring financial loss.

"A stitch in time saves nine" is an apt phrase for documentation. Document is the end product of the transaction. The major objectives of the transaction will be of no use if it could not be recorded properly by using proper and appropriate language/recitals in the document."

Some of the requirements and Precautions in document registration are as under:



  • Attest blanks, erasures, alterations: the parties shall attest them with their signatures or initials before submitting it to Registrar for registration.

  • Full and identifiable property description: It is in the interest of the buyer that description of property must be complete without any ambiguity. People are cheated by fraudsters by creating multiple documents by selling the same property with various descriptions. Property description is the heart of documentation as ultimately these details are converted into index particulars; which are used to generate, Encumbrance Certificate (EC) and hence they should be mandatorily accurate.

  • Check whether property is Assigned/Government/ wakf/endowment lands, etc.: Dealing with such property is prohibited and entails criminal proceedings. Document can be presented for registration within four months without any penalty; and within eight months by paying penalty, hence, it should be presented at the earliest possible day after its execution. In case of document executed outside India, it can be presented for registration within four months after its arrival in India. Arrival of the document in India on a particular date can be proved with documentary evidence like courier delivery receipt, affidavit from carrier of the document, etc. Will deeds can be presented for registration at any time, even after 50 years. A Will can be presented by the beneficiary/executor even after the death of the testator/testatrix. The Registering Officer will conduct enquiry as per the provisions of Registration Act, and may register the will if he is satisfied that the will was properly executed by the deceased testator.

  • Competent Registrar/Sub Registrar Office: Documents in respect of immovable property transactions such as sale, lease, mortgage, release, partition, agreement/development agreements etc shall be presented to the jurisdiction Registrar/Sub Registrar Office for registration. - Persons competent to present the document for registration: Person signing the document is called executant of the document and can present the document for registration. If there is more than one executant in the document, then any one of the executants can present the document. But admission of execution shall be done by all the executants. The claimant (beneficiary) may also present the document. Attested power of attorney holder for registration comes into picture when the document is actually signed by the principal but due to certain reasons, if the principal is not in a position to present and admit the execution, then the agent is given powers authorising him to present and admit the execution of the document, which the principal has signed. This power requires attestation. This power shall be attested by the Sub Registrar of the area where the principal resides if he is in India and if the principal resides outside India, then the notary public/Consul/Vice-Consul of India shall attest such power of attorney.

  • Affixing of photograph and fingerprints: In respect of sale deed, the photographs and fingerprints of both the seller and buyer shall be affixed in the prescribed format under Section 32A of Registration Act, 1908. In respect of other documents, the photograph and fingerprints of presentent shall be affixed. - Route Map: It shall be enclosed with the non-testamentary document drawing the route leading to the scheduled property, so that even a stranger can locate the property by using the landmarks mentioned in the map. The map must indicate where exactly the property is located and the nearby important landmarks

  • Address proof of parties, witnesses/identifying witnesses: Along with the document, the parties shall also enclose copies of address proof of the executing, claiming parties, attesting witnesses and identifying witnesses. The address proof recognizable by the department includes passport, ration card, Aadhar card (UID), bank passbook containing the full address of the person, driving licence etc.

  • Address proof of parties, witnesses/identifying witnesses: Along with the document, the parties shall also enclose copies of address proof of the executing, claiming parties, attesting witnesses and identifying witnesses. The address proof recognizable by the department includes passport, ration card, Aadhar card (UID), bank passbook containing the full address of the person, driving licence etc.

  • Production of PPBs & TDs at the time of registration and to get entries made: The parties shall produce pattadar passbooks and title deeds issued by revenue department compulsorily, if the document affects agricultural land and it should be ensured that relevant entries are made by the Registering Officer in these books regarding the transaction.