documents in Sub-Registrar Office
Sub-Registrar is the registering authority of documents produced in his
office under the provision of Indian Registration Act, 1908.
Registration means recording, inserting in an official register, the
act of making a list, Catalogues, Schedules or register particularly
of an official character, or making entries therein.
The object of the Registration Act is to prevent people being duped into
purchasing property from a person who does not own it. The other
object of the Act is to provide a method of public registration of documents
so as to give information to people regarding legal rights and obligation
arising or affecting a particular property, and to perpetuate
documents which may afterwards be of legal importance and also to
prevent fraud and also to put on record somewhere, where people may see the
record and enquire, what the particulars are and as far as land is
concerned, what obligation exists with regard to it. The real
purpose of registration is to secure that every person dealing with the
property, where such dealing requires registration, may rely with confidence
upon the statements contained in the register as full and complete account
of transaction by which his title may be affected, unless indeed he has
actual notice of some unregistered transaction which may be valid apart from
the registration and also to check forgery, to provide good evidence of the
genuineness of the written instruments and not merely to give information to
FUNCTION OF SUB-REGISTRAR
register the documents presented by the Public/People.
ii) To maintain the record of registered
documents in the form of Book No. I, II, III & IV for further
references and inspection by the public.
iii) To allow inspection of the documents and
record and issue the certified copies of the documents to the Public as per
rules and to produce the record in the courts as per directions of the
Hon’ble Courts from time to time.
FOR REGISTRATION OF DOCUMENTS :-
the case of sale, transfer of immovable property, the NOC is obtained from
the Tehsildar (North). For this necessary prescribed application form
duly filled with all particulars is to be given to the Sub Registrar
Office with a nominal fees . Necessary arrangements for issuance of No
Objection Certificate to the public has been made in the Sub Registrar
Office. If the NOC prescribes that the land is not acquired by the
government under the Land Acquisition Act, nor there are contravention of
the various provisions of Delhi Land Reforms Act, the document can be got
registered. In the case of property under lease from DDA, L&DO, MCD,
Industries Deptt. and Labour Deptt. of the Government of Delhi
necessary permission from the lesser is also required for Registration of
ii) The Executant/authorized representative
of the executant shall submit a document in duplicate duly
executed and properly stamped under the provision of Indian Stamp Act
affixed with the photograph of the executants within a period of four
months of its execution. if the document is filed after the period of four
months of its execution necessary penalties are charged as per the provision
of the rules.
iii) After proper scrutiny of the
documents, the registration fees is deposited on the same
day, data entries of the document is computerized and photograph of the
executants are again taken by the Office of the Sub Registrar.
iv)After the completion of the presentation
of the document, admission of executions by the
executants, the document is registered and is given back the registered
document on the same day. As far as identification of executants is
concerned two witnesses are required and one of the
witnesses should be known to the Sub Registrar. Proof of
identification of each party can be made with the help of Election Identify
Card, sport, Identity Card issued by the Government of India, Semi
Government and Autonomous Bodies or Identification by the Gazetted Officer.
public is advised to ensure that required stamp duty has been paid on the
document before it is submitted in the office of the Sub Registrar to avoid
impoundment of the documents, realization of deficient stamp duty and
penalty and delay in registration.
STAMP DUTY RATES IN
Stamp Duty on the documents is charged as per
the provision of schedule 1A applicable to Delhi of Indian
Stamp Act 1899. The rates in each document are different as per
schedule. However on Sale Deed executed in favour of women exclusively
the stamp duty is charged at a rate of 3% and MCD Transfer Duty is
also charged at a rate of 3%. In case, property is
purchased by male the duty is charged @ 5 % and 3 %
is the Transfer Duty. Power of Attorney with consideration is
charged with the stamp duty at a rate of 5%. The execution
of will does not require any stamp duty.
FOR OBTATINING CERTIFIED COPIES OF THE DOCMENTS/ INDEX AND OTHER RECORDS.
make an application duly affixed with the court fee stamp of Rs.1.25 and
give full detailed particulars of the document for which certified copy is
required (like registration number, date of registration, property number
and name of the executants etc.)
ii) He shall also enclose a Non judicial
stamp paper of Rs.10/- for certified copy with his application.
AMOUNT OF COURT
FEE TO BE CHARGED FOR ISSUE OF CERTIFIED COPY
Detail of fees to be charged in respect of
Registration Fee, Certified Copies of the documents, Inspection of the
Document/Index/Register has been displayed in the Sub Registrar Office. As
far as fees for certified copy is concerned it is fixed at Rs.3/- per
page/part of the page of the document.