Issue of property documentation guidelines for sub-registrars-Delhi

Documents for which registration is compulsory include sale deed, gift deed, partition deed, mortgage deed, lease deed for a term exceeding one year and other non-testamentary instruments.

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The Delhi government’s Revenue Department has issued guidelines for sub-registrars on the documentation of properties.

According to the guidelines issued by Divisional Commissioner Sanjiv Khirwar last week, all sub-registrars should ensure strict compliance of all provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899, and other related statutes and orders issued by the Revenue Department.

Documents for which registration is compulsory include sale deed, gift deed, partition deed, mortgage deed, lease deed for a term exceeding one year and other non-testamentary instruments.

All documents other than these shall be presented for registration within four months of execution. If a document is presented after the permissible limit, then the registrar may allow it on the payment of a 10-fold fine. The delay in such cases will not be more than four months, said the guidelines.

No person other than those parties to the document and witnesses will be allowed to enter the sub-registrar’s office or present the documents, they said.

The parties involved in the registration process will be identified through Aadhaar number or enrolment slip. If they lack both an Aadhaar card and an enrolment slip, they they should be asked to apply for Aadhaar card enrolment immediately at the Centre and be provided with the enrolment slip, they added.

An endorsement by the sub-registrar must be made that the person executing the documents has admitted the execution of the instrument and he or she is fully aware of the salient features of the contents of the instrument, according to the guidelines.

The sub-registrars will sign the endorsement under sections 52 and 58 of the Registration Act immediately as and when the concerned parties submit the instrument duly executed, they stated.

If there is any discrepancy in the document presented, the sub-registrar will issue a system-generated deficiency memo through the Delhi Online Registration Information System (DORIS) immediately on the same day. The document will not be kept pending for any reason after the removal of deficiency or after the expiry of the time period given in the memo, they said.

The guidelines provide that whenever the sub-registrar receives information about any kind of dispute with respect to any property, it should be uploaded on DORIS on the same day.

The sub-registrar shall give only an online system-generated notice through DORIS to the concerned party, providing them three days’ time to produce any stay order from the competent court of law, the guidelines stated.

The sub-registrar shall not keep any document pending on the ground of complaint made by any party unless there is a stay order granted by a court to maintain the status quo or restrain the transfer of the property, they said.

Any document without any dispute and discrepancy must be registered latest by the day after the day of presentation of documents and it must be made sure that the registered document is delivered on the same day.

The certificate of registration is to be endorsed after the provisions of sections 34, 35, 58 and 59 of the Registration Act have been complied with. A certificate of registration is evidence that the document was duly registered.

As soon as the document is scrutinised and is made complete in all respects and made as per law, then the sub-registrar will finally issue the certificate of registration under Section 60 of the Act and sign the same, the guidelines stated.

They also provide for regular monitoring of sub-registrar offices. The concerned registrar would prepare a consolidated assessment report of all inspections and forward it to the inspector general of registration (IGR) every month.

The inspecting teams will check the number of documents presented on a particular day for registration at an office and the number of documents delivered in a time-bound manner.