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The party
has to first pay the proper stamp duty as per the stamp duty reckoner on blank
agreement. The agreement should be typed/printed on one side in blank ink.
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Execute the
agreement.
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Visit the
sub-registrar office, who will determine registration fees payable and issue
the challan/confirms to accept the pay slip.
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Pay the
registration fees by challan/pay slip from nationalise bank as per procedure
laid down by respective sub-registrar.
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On a given
telephone number of Registrar's Office prior to one working day of intended
Registration, Party has to obtain the appointment date, time and token number.
On such appointed time and day the parties to the documents have to remain
present at Registrar Officer to comply with Registration formalities. On the
day of registration the token number is announced calling the party for
registration.
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In case of
document of property having value above Rs. 5,00,000/- Proof of permanent
Account No. (PAN) of all the parties to the documents is mandatory. If the
party do not have PAN, then to file Form No. 60 alongwith documents to the
sub-registrar.
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Two
witnesses should remain present for identification of parties to the agreement
for which witnesses have to put their signatures before registering authority.
Such witnesses should not be necessarily same who has signed as witnesses in
the agreement. These witnesses should sign before registrar as token of
identification of the parties to the document.
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Sometimes,
if the parties, produced their passport as token of identification, the
subregistrar can register such document even without witness/witnesses for
which one has to pre-check the matter and procedure with respective
sub-registrar's office.
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The
property card of land/plot on which the property being registered is situated
is required to be produced. Property card is required at the time of
registration, even by property/flat property is situated.
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Payment of
registration fees by government challan or by pay-order or bank draft of
nationalized bank and computer charges/scanning charges etc. based on number
of pages in documents are to be paid in cash at the time of registration of
documents. The copy of such pay order/demand draft of bank for registration is
to be submitted on the day of taking token no. on telephone.
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Complete
filling up of input Registration form as prescribed by the stamp duty
department or Registrar or sub-registrar. The input registration form and
document are required to be submitted at token window in advance i.e. At least
before half an hour before registration.
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Pre-adjudicated document will aid in faster registration. In such adjudicated
document, the registrar need not ascertain the discrepancies/deficiencies for
stamp duty payment. In other words, Registrar presumes that proper stamp duty
on such adjudicated document is determined and paid by the party.
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In respect
of old building to avail the benefit of depreciation on market value then the
attachment of following proof will help to avail depreciation on age of
building.
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(1)
Municipal assessment bill or (2) Completion Certificate or (3) Occupation
Certificate or (4) Telephone bill or (5) Electricity Bill
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For proof
for authorise structures the following documents are required :
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(1) If the
building is completed before March 25, 1991 the property assessment
municipality bill is required to be attached.
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(2) If the
building is constructed/completed on or after March 25, 1991 one proof out of
following is to be attached.
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i)
Commencement Certificate of building OR
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ii)
Building Completion certificate OR
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iii)
Building Occupation certificate
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Further the
IOD issued by the municipal corporation in view of proving the legal and
authorized structure etc of the premises is also sometime considered.
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Practically, the sub-registrar insist for OC or CC and / or Municipality Bill
of society showing the year of construction. It is advisable that one has to
pre-check such requirement with respective sub-registrar office.
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Any proof
of determination of market value will help to facilitate the calculation of
true market value. The detailed letter from society showing the age of
building, built up area of flat, flat no. and floor on which flat is located,
details of lift facility available if any, no. of floors of building, types of
construction C.T.S. No. & Village/Division etc. may help to justify the
calculation of proper market value.
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With effect
from 01.05.2002, the deficit stamp duty with penalty @ 2% per month or part of
the month but not exceeding two times of such deficit amount is required to be
paid before registration and proof of such payment of stamp duty and penalty
is to be attached at the time of registration of document. Prior of 01.05.2002
such penalty was upto 10 times of deficit stamp duty. Original receipt for
stamp duty paid/franking receipt to be produced at the time of registration.
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Computerized photographs of parties executing the document are also taken
digitally by the Registrar's office. The left thumb impression of all the
parties to the document are also taken digitally. Though computer generated
programming, the thump impression and photographs ae automatically generated
and printed on separate paper which is to be further signed by all the
executors before registrar / sub-registrar. From 01.01.2002 affixing
photograph and thumb impression are made compulsory for registration of
document as regard to property. Registrations of documents are computerized
with effect from 01.02.2002.
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Sometime,
the documents are executed by power of attorney holder for and on behalf of
buyer or seller. Generally in case of builders, his power of attorney holder
executes the documents and also sign as attorney of such builder. In such case
copy of duly executed power of attorney is to be attached with the agreement
which is also to be registered. Please ensure that power of attorney should
carry the photographs of the executor/executors and of power of attorney
holder.
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The
sub-registrar first obtains signature of parties and witnesses in his
presence. Thereafter Registrar puts his official seal and affixes unique
numbering block on each page including the additional sheets of the documents
and signs on the above mentioned sheets which generally carries photographs,
signatures, details of parties and witnesses.
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The
complete documents alongwith all above details are then scanned by registrar
office and preserved as a permanent record at registrar's office.
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The party
has to submit the copy of pay order/demand draft/R.B.I. Challan for
registration fees on the day of taking token no on phone. The Registrar
collects registration fees, computer scanning charges, computer and other
charges, computer and other charges for which he acknowledges by issuing
receipt. This registration fee is to be paid by challan / pay order / demand
draft and computer processing expenses are paid by cash at Registrar office
before the Registration. Registrar insist for pay order issued by Nationalized
bank for payment of registration fees. The pay order should be in the name of
respective area's Joint Sub-Registrar or the sub-registrar authorized by the
department.
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The
original agreement after due registration are returned to party against
production of the original registration fees receipt. Registration formalities
are completed, after which the documents are returned to party within
approximately half an hour of completion of registration formalities.
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The
registrar also insists for production and preservation of following documents
copies by the parties to the agreement :-
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(1)
Original stamp duty paid receipt. (earlier manual receipts were issued)
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(2)
Franking machine receipts
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(3) Copy of
challan through which stamp duty and registration charges are paid, if any. OR
pay slip/demand draft of required registration charges.
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Particularly, for transfer of land, No Objection Certificate (NOC) under Urban
Land Ceiling Act, irrespective of its area in Mumbai.
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No
objection Certificate from Charity Commissioner, Government or Semi-Government
body, if such land is held by trust. Now a days registration process is
computerized and simplified. Sub-registrar after completing the registration
formalities return the original documents back as duly registered within
approximately one hour time.
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These
denotes the process of registration of document.
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Now the
builder or developer have to put the approved plan in the agreement and also
to write the area i.e. measurement of flat/shops etc. in agreement. Further
the agreement can not be executed by the builder/developer before approval of
plan by competent authority.
