The Registration of documents is made under the provisions of the Registration Act, 1908:
Q. Where I have to go and during which hours ?
Ans. To the office of the Sub Registrar, INA, ViKas Sadan, DDA, New Delhi during 9.30 a.m. to 1.00 p.m. on any working day.
Q. Which papers/document/fees, do I take with me ?
- Document required to be registered ( in duplicate)
- Two Passport size photographs of both parties.
- Two witnesses.
- Proof of identification of each party and witnesses i.e. election Identity Card, Passport, identity Card issued by Govt. of India, Semi govt. and Autonomous bodies or identification by a Gazetted officer.
- In case the property is/was under a lease from D.D.A., L&DO, M.C.D., Industries Department, Labour Department of Delhi Govt. etc., permission of lessor for registration of the document.
- No objection Certificate under section 8 of Delhi Land (Restriction and Transfer) Act, 1972 from Tehsildar of the Sub Division of the District to the effect that the property is not under acquisition.
- Income Tax clearance Certificate in prescribed proforma 34A, under section 230 of Income Tax Act, from concerned Income Tax Officer where the transaction exceeds Rs.5,00,000/-
- Permission from the Appropriate Authority in the prescribed proforma 37 I, where the transaction exceeds Rs.50,00,000/- under the provisions contained in section 269 of Income Tax Act, 1961.
Q. What will be the criteria used while deciding my case ?
- The document is submitted to the Reader for scrutiny. After scrutiny, the Reader indicates the Registration fee required, on the document itself.
- The due registration fee is to be deposited with the Cashier against a receipt.
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After depositing the fees, the documents are required to be presented before the Sub-Registrar by the parties in accordance with Section 32 of the Registration Act, 1908.
Presentation:
As per Section 32 of the Registration Act, 1908 every document to be registered under the Act shall be presented at the registration-office :-
- by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
- by the representative or assign or such a person, or
- by the agent of such a person, representative or assign, duly authorized by power-of-attorney and authenticated in manner hereinafter mentioned.
As per Section 33 of the Act, for the purpose of section 32, the following powers-of-attorney shall alone be recognized:-
- if the principal at the time of executing the power-of-attorney resides in any part of India in which the Act is in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
- if the principal at the time aforesaid (resides in any part of India in which this Act is not in force), a power –of-attorney executed before and authenticated by any magistrate;
- if the principal at the time aforesaid does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, (Indian) consul or Vice-Consul, or representative of the Central government.
Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:-
- persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
- persons who are in jail under civil or criminal process; and
- persons exempt by law from personal appearance in court.
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Endorsements are made under Section 52, 58 and 60 of the Registration Act on the document after completion of formalities before Sub-Registrar.
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The delivery of document is made on the production of the receipt issued by the cashier in respect of the document at the time of presentation. Q. When will I get the response?
Ans. You should be getting the response normally within 15 days.
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