Property Registration in India: Importance of Registration of Document

With an intention of providing order-lines, discipline and public notice in regard to immovable property (land, site, etc.,) and protection from fraud and forgery of documents of transfer, the law enacted as ‘The Registration Act, 1908’. This is achieved by requiring compulsory registration of certain types of documents and providing for consequences of non-registration.
Registration provides safety and security to transactions relating to immovable property, even if the documents thereby preventing forgeries and frauds in regard to transactions and execution of documents. Registration provides information to people who may deal with a property, as to the nature and extent of the rights which persons may have, affecting that property.
The three categories of documents registerable under the Act are :

• Firstly, documents relating to transactions which according to the substantive law, can be effected only by registered documents –
• Sales, Mortgages, Exchanges, Gift and Leases under Transfer of Property Act, 1882 are required registered instruments.
• Exception on immovable properties of less than Rs. 100/- in value need not be registered.
• In case of a court order, as a responsibility to forward order and register is on the court passing the decree/ order on the officer issuing sale certificate/ written demand, there is no time limit prescribed for the same, nor is any penalty prescribed for non-filing.
• Secondly, certain transactions can be effected without writing i.e., partition, releases, settlements, etc.,
• If the transaction is evidenced by a writing and relates to immovable property, the Registration Act steps in clause (b) and (c) of Section 17 (1) required registration of such documents, subject to the exception specified in sub-section 2 of that section.
• If an authority to adopt is conferred in writing, other than a WILL (document), it is also required to be registered vide., Section 17 (3) of Registration Act.
• Thirdly, optional of document registration by parties under Section 18. ‘Will' need not to be registered but it is open to the parties to get it registered.
  
  The above categorized gives solemnity of form and perpetuate documents which are of legal importance or relevance by recording them, where people may see the record and enquire and ascertain what the particulars are and as far as land is concerned what obligations exist with regard to them. It ensures that every person dealing with immovable property can rely with confidence upon the statements contained in the registers maintained under the said Act, as a full and complete account of all transactions by which the title to the property may be affected and secure extracts/ copies duly certified. Registration of documents makes the process of verification and certification of the title easier and simple. It reduces disputes and litigations to a large extent.
  

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Author: Adv. Neethu Narayanan