The Delhi Revenue Department has issued instructions for property documentation for sub-registrars.

Abhay Shah - August 4, 2021

The Delhi government’s Revenue Department has published rules for sub-registrars on property documentation in order to provide effective and efficient registration services to the public.

According to Divisional Commissioner Sanjiv Khirwar’s recommendations released last week, all sub-registrars must ensure strict compliance with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, as well as any related legislation and directives issued by the Revenue Department.

Documents that must be registered include sale deed, gift deed, division deed, mortgage deed, lease deed for a duration longer than one year, and other non-testamentary instruments.

All additional documents must be submitted for registration within four months of execution. If a document is provided after the permitted limit, the registrar may grant it in exchange for a tenfold fine. According to the rules, the delay in such situations would not exceed four months.

They stated that no one other than the document’s parties and witnesses will be permitted to visit the sub-registrar’s office or present the documents.

Aadhaar numbers or enrolment slip will be used to identify the persons involved in the registration procedure. If they do not have both an Aadhaar card and an enrollment slip, they should be invited to register for Aadhaar card enrolment at the Centre immediately and be given the enrolment slip, they said.

According to the guidelines, the sub-registrar must certify that the person executing the papers has admitted to the execution of the instrument and is fully aware of the salient characteristics of the instrument’s contents.

The sub-registrars indicated that they will sign the endorsement under sections 52 and 58 of the Registration Act as soon as the interested parties submit the fully completed instrument.

If there is an error in the document, the sub-registrar will send a system-generated deficiency notice via the Delhi Online Registration Information System (DORIS) the same day. They said that the document would not be held pending for any reason after the flaw has been corrected or the time limit specified in the memo has expired.

The guidelines provide that if the sub-registrar gets information concerning a property dispute, it must be submitted to DORIS on the same day.

According to the instructions, the sub-registrar should simply provide the relevant party with an online system-generated notification via DORIS, giving them three days to produce any stay order from the appropriate court of law.

They stated that the sub-registrar should not keep any document waiting based on a complaint lodged by any party unless a court grants a stay order to maintain the status quo or stop the transfer of the property.

Any document that is free of dispute and discrepancy must be registered by the day after the day of the presentation of documents, and the registered document must be provided on the same day.

After the conditions of sections 34, 35, 58, and 59 of the Registration Act have been met, the certificate of registration is to be endorsed. A certificate of registration serves as proof that the document was properly registered.

The sub-registrar will eventually provide the certificate of registration under Section 60 of the Act and sign it once the document has been scrutinized and is complete in all respects and created in accordance with the law, according to the rules.

They also call for frequent inspections of sub-registrar offices. Every month, the responsible registrar would compile a consolidated evaluation report of all inspections and send it to the Inspector General of Registration (IGR).

The inspection teams will count the number of papers brought for registration at an office on a specific day, as well as the number of documents provided on time.

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