We examine the grounds on which a sub-registrar can refuse to register property documents and how the parties involved in a transaction can avoid this situation
It is common knowledge that you must go to the sub-registrar’s office in the area concerned to register your property. The primary functions of sub-registrars are to write property transaction-related documents and collect stamp duty and registration charges to discharge this duty.
But, you may not be aware that the sub-registrar’s office can reject your application for property registration for a wide variety of reasons, something that can entirely jeopardize your plans to offload an asset in your time of need. The sub-registrar is empowered by the law to reject an application for property registration, based on legal shortcomings in a transaction.
This might also result in the buyer refusing to go ahead with the transaction. That is why it is important that the buyer, as well as the seller, make all efforts to ensure that the sub-registrar’s office approves of your application for property registration.
Legally, the buyer cannot become the legal owner of a property in India, until the transaction is duly registered in your name, as provided under the Registration Act, 1908 and the Transfer of Property Act, 1982. To complete the process, the buyer and the seller, along with two witnesses, have to approach the sub-registrar’s office in the area concerned, at an appointed time. At this juncture, a new buyer may have several questions:
- What if the papers are not in order?
- What if the sub-registrar rejects the application for property registration?
- What if there are issues with the authenticity of the paperwork?
The parties to the transaction should take care, to ensure that the property registration application is not rejected by the officials at the sub-registrar’s office. We look at how you can ensure this.
Documents needed for property registration
The parties involved in the transaction have to provide various documents at the time of property registration. In addition to the property’s documents, these include the identification and address proof of the buyer, the seller, and the witnesses. Apart from copies, each party would also have to produce these documents’ originals. In case a home loan is taken to buy the property, a representative from the bank would also appear before the sub-registrar.
Depending on whether you are buying an under-construction property or a resale home, you will have to provide some or all of the documents mentioned below:
- Sale deed
- Copy of the building plan
- Encumbrance certificate
- No-objection certificates
- Allotment letter
- Completion certificate
- Occupancy certificate
- Property tax receipts
- Multiple copies of the document are required to be registered
Other documents needed at the time of property registration
- Copies and original PAN cards of the buyer and seller.
- Two passport-size photographs of the buyer, seller, and witnesses.
- Copies and original photo identity proof of the buyer, seller, and the witnesses.
Note here that after the property is registered, the bank would keep the original documents and return them to the buyer only after the full repayment of the home loan, in case housing finance is involved in the transaction.
|Grounds on which property registration application can be rejected all the documents are not in place. If some documents are missing.If there are mistakes in the draft.If there are factual anomalies.If there is overwriting anywhere in the deed.If the property does not fall in the sub-registrar’s jurisdiction.If the seller is a minor or not of sound mind.If the identity of the seller cannot be confirmed.If there is a mismatch between the information provided in the original documents and the supporting papers.If a court has put a stay order on the deed.If the amount mentioned in the deed is lower than the circle rate.If the identity of the witnesses is dubious.|
Note: Under the provisions of the Registration Act, the sub-registrar may reject your application for registration, with or without citing a specific reason for it.
Contents of the sale deed
Among the various grounds on which the sub-registrar can refuse to register your property documents, is the language of the title deed document and any information mismatch. If the document is written in such a way that the nature of the contract is not clear, your application would stand rejected. The same is true in case names, addresses, or occupations of the transacting parties as mentioned in the sale deed, are not duly supported by ID proofs and address proofs. Also, deletions or insertions made after the deed is typed would make your application invalid. Hence, one should be certain about the content that is typed into the sale deed
Approach the right sub-registrar
The property you have bought falls under the ambit of a certain sub-registrar’s office. You have to book an appointment at this specific office, to get your property registered. In big cities, several such offices govern property transactions in various areas. This does not, however, mean you could approach any of them, to get the registration done. Find the office of the sub-registrar concerned and take an appointment, before you visit it for registration.
Parties to be present at the time of registration
All parties involved in the transaction (the buyer/s, the seller/s, the broker/s, and the witnesses) have to be present at the sub-registrar’s office at the appointed time. All these people will have to provide thumb impressions, photographs, and signatures at the time of registration.