Transcript STAMP AND REGISTRATION

STAMP AND REGISTRATION
Presented by:
K.Vanlalthiana
Deputy Director
Land Revenue and Settlement
Registration - Meaning
Registration is a process through which a
document is officially recorded.
• Transfer of property must be made only
through a register deed.
• Once the document is registered, the
document is valid throughout the country.
• If a document is compulsorily registrable but
has not been registered, the transfer is not
valid.
Legislative Background
• The item “Registration of deeds and documents”
appears at entry No.6 in List III of Seventh Schedule
to the Constitution of India.
• In accordance with Article 246(2) the Parliament and
Legislature of the State have concurrent powers to
make laws on the subject.
REQUIREMENT OF REGISTRATION UNDER
MIZORAM(LAND REVENUE) ACT,2013
• Section 100 of the Mizoram (Land Revenue)
Act, 2013 provides that “all valid transfer of
land shall be compulsorily registered under
the Registration Act, 1908”.
REQUIREMENT OF REGISTRATION UNDER THE
MIZORAM (LAND REVENUE) RULES, 2013
Transfer of Property
- meaning thereof:
• Transfer of property means an act by which a
living person conveys property to one or
more other living person.
- Section 5 of the Transfer of
Property Act, 1883
COMPULSORY REGISTRABLE DOCUMENTS
(U/S 17 OF REGISTRATION ACT, 1908)
• Instrument of gift of immoveable property.
• Non-testamentary transferred instruments of
immoveable property of the value above Rs 100.
• Acknowledgement of non-testamentary instrument.
• Leases of immoveable property exceeding one year.
• Authority to adopt a son.
INTERPRETATIONS
• Instrument means a legal document.
• Non-testamentary instrument means a document
between a living persons.
• Gift means the transfer of existing property made
voluntarily and without consideration accepted by or
on behalf of the donee.
• Lease means a transfer of a right of enjoyment of an
immoveable property for a certain time for certain
consideration.
INTERPRETATIONS - CONTINUE
• Immoveable property includes- land, benefits to
arise out of land and things attached to the earth but
not include standing timber, crop, grass.
• Sale is transfer of ownership in exchange for a price
paid or promised or part-paid and part promised.
• Mortgage is the transfer of an interest in
immoveable property for the purpose of securing the
payment of money advanced or to be advanced by
way of loan.
REGISTRATION DISTRICT AND SUB-DISTRICT
(Section 5 of Registration Act, 1908)
• Existing Administrative Districts may be
notified as Registration District.
• Existing Civil Sub-Divisional areas may be
notified as Registration Sub-Districts.
APPOINTMENT OF DISTRICT REGISTRAR
AND SUB-REGISTRAR(u/s 6)
• Deputy Commissioner may be appointed as
District Registrar.
• Settlement Officer/Asst. Settlement Officer
may be appointed SR at the District Hqrs.
• SDO(Civil) may be appointed as SR of the SD
other than the District Hqrs.
PRESENTATION OF DOCUMENT FOR REGISTRATION
• Document other than a will to be presented within
four months from the date of execution-(Section 23).
• Document to be presented in the office of the SR
where the property situate.
-(Section 28)
• Enquiry before registration by Registering Authority.
-(Section 34)
PROCESS OF REGISTRATION
• Presenting the documents before the Registering Officer concerned after
writing the deed on the physical non-judicial stamp paper of proper
denomination.
• On the presentation of documents for registration, the Registering Officer
satisfy himself:
(1) that it has been presented at the proper office.
(2) that it bears the proper stamp or is exempted or does not require stamp
duty.
(3) that it is in the usual language of the district or is accompanied by a
translation and a true copy.
(4) that in the case of interlineations, blanks, erasures, attested by
executants.
(5) that if the document is non-testamentary and relates to immoveable
property, the description is sufficient.
(6) that it is presented within proper time.
(7) that it is presented by a person authorized to do so.
(8) that the date of execution has been stated in the document.
PROCESS OF REGISTRATION-CONTINUE
• Endorsing the documents by the Registering Officer to the Assistant
concerned who will check all the documents and submit his findings to the
RO putting necessary seal.
• When a document contains more than one sheet of paper, the seal and
signature of the Registering Officer and the date attached to every sheet
at the time of presentation.
• If the requirements of the law have been complied with, the following
certificate is entered on the face of the deed:Admissible under Act XVI of 1908. Correctly
Stamped (or exempted from stamp duty) under the
Indian Stamp Act, 1899(Act No II of 1899)
Schedule____ No_____ Fees paid
Sub-Registrar
PROCESS OF REGISTRATION-CONTINUE
• In the case of a will, the certificate is:
Not liable to duty under the Indian
Stamp Act, 1899(Act No II of 1899)
Sub-Registrar
.
After endorsing the certificate, collection of the required fee and entering
the amount so received on the document below the said certificate and
requisite entry in the fee book.
PROCESS OF REGISTRATION-CONTINUE
•
The endorsement under section 52 is recorded on the back side of the first page of
the document as:Presented for registration at_____AM(or PM)
on the______________ day of _________ 2014
at_____________________ Sub-Registrar office
(or elsewhere) by _______________________
the executants or claimant.
Signature of presentant
Signature of RO
Identified by_________________________ Son of _____________________________
Village _____________________________PS ________________________________
Profession __________________________
Signature of RO
PROCESS OF REGISTRATION-CONTINUE
• The endorsement under section 58 is recorded on the back
side of the first page of the document as under:Execution is admitted by_____________________________
and_____________________________ Who are identified
by_________________________Profession
___________________
Signature of RO
PROCESS OF REGISTRATION-CONTINUE
• The endorsement under section 58 is recorded as:
Registered under Reg. No ……………………………….…..on …………(date) at ……
(time) entered at Book No………Volume No. …… Page No. ………….
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Signature of the Registering Officer
Seal
Capturing of photos of the parties and recording biometric impressions of
all concerned.
Scanning and storing of the documents showing identities of all persons
involved.
Preparation of Index.
Entries made in the relevant Register
Return of the original document under proper acknowledgement