PROPERTY DOCUMENTATION AND REGISTRATION SERVICES IN INDIA
The preparation of legal documents is known as drafting services which has now been more qualified by the name of legal drafting services in India. Legal drafting services in India are a very important legal service in India which is done by the Indian Attorneys. The drafting of any document, deed involves the incorporation of the entire facts and figures which are compulsory under law. The legal drafting services are a highly specialized legal service and are undertaken by our Indian law firm. Registration services of the documents in India involve the presentation of the document for registration before the authority concerned. The process for registration of the document has been provided under the law under the Indian Registration Act, which governs the requirements of the registration of documents and various other aspects attached to it. For registration of the documents the parties concerned are presented before the Sub-Registrar for the registration of the document alongwith the witnesses and the necessary documents and due stamping. The Registration of documents becomes important and crucial from the point of their legal status. The Indian laws governing the legal documentation are governed by the Transfer of Property Act, 1882, Indian Registration Act, 1908 and Specific Relief Act, 1963. The Indian Registration Act of 1908 governs the various aspects of registration of the legal documents in Indian. Most important of all sections in The Indian Registration Act of 1908 is Section 17 which describes the requirements of the registration of the documents.
It is very essential to seek good legal services for drafting and registration of the documents as the said documents have very long ranging legal effects and in case of any dispute the nature of document becomes an important piece of evidence. As described above the legal documentation services inn Indian is done by Indian lawyers and Indian Attorneys who specialize in legal documentation services of drafting, vetting and execution of legal documents. The registration of legal documents through valid and proper process would safeguard the interests of the parties forever. The steps involved in registration of documents are as under:
• Taking of inputs regarding the terms and conditions to be incorporated as per the deal of the parties to the transaction.
• Drafting the memorandum incorporating all the terms and conditions and the legal ingredients governing the terms and conditions.
• Determining and arranging for the stamp duty for the registration of the document.
• Obtaining the signature of the parties to the deal in accordance with the registration laws.
• Obtaining the signatures of the witnesses or the attesting witnesses who counter sign on the document.
• Presenting the parties before the Sub-Registrar for registration of the document and to complete all the formalities regarding the registration of the document with the office of the Sub-Registrar.
• Obtaining the original copy of the registration document after stamping and registration by the office of the registrar.
SECTION 17 OF THE INDIAN REGISTRATION ACT, 1908 prescribes about the legal requirements for the documents which are mandatorily to be registered :
(a) Instrument of gift of immovable property;
(b) Other testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c) Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right , title or interest;
(d) Lease of immovable property form year to year, or for any terms exceeding one year, or reserving a yearly rent; and\
(e) Non-testamentary instrument transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards to or in immovable property;
DOCUMENTS FOR WHICH REGISTRATION IS MANDATORY UNDER INDIAN LAWS:
• Agreements relating to deposit of title of any property
• Cancellation of any instrument
• Certificate of Sale of a property
• Any kind of Conveyance deed
• Sale deed of a property
• Decree of Sale deed /conveyance
• Any instrument creating an additional copy of a document
• Award of movable as well as immovable property
• Deed for exchange of property
• Further charge
• Gift
• Perpetual lease of a property
• Rectification Deed for any immovable property
• Lease of rents up to one year and above
• Deed of Mortgage of a property
• Deed of Mortgage as collateral
• Mortgage of a crop
• Deed of partition
• Relinquishment Deed
• Release Deed
• Settlement Deed
• Decree of settlement
• Memorandum of Settlement of any kind
• Surrender of lease
• Transfer of lease
• Trust
SECTION 18 OF THE INDIAN REGISTRATION ACT, 1908 describes the category of the documents which does not require registration or the documents for which registration is optional. The said section thus determines the category of the documents which need no registration.
DOCUMENTS FOR WHICH REGISTRATION IS OPTIONAL:
Declaration
Authenticated GPA
General Agreement
Consent letter
Rectification Deed of a movable property
Authority to adopt
Award of movable property
Indemnity Bond
Cancellation of any agreement
Divorce
Adoption deed
Receipt
Partnership Deed
Special Power of Attorney
General Power of Attorney
GPA with consideration
Disclaimer
Revocation of Trust deed
Dissolution Deed of Partnership
Deed of Retirement form Partnership
As a law firm in Delhi we provide all the services pertaining to registration of property documents in India.