According to guidelines issued last week by Divisional Commissioner Sanjiv Khirwar, all sub-registrars should ensure strict compliance with all provisions of the Registration Act 1908 and India Stamp Act 1899, as well as other related Treasury Department laws and orders.
Documents requiring registration include purchase deeds, deed of gift, deed of division, mortgage deed, lease for a term of more than one year and other non-testamentary documents.
All other documents must be submitted for registration within four months of execution. If a document is presented beyond the permitted limit, the registrar can approve it against payment of a 10-fold fine. The delay in such cases will not be more than four months, according to the guidelines.
No one except the parties to the document and the witnesses would be allowed to enter the sub-register office or produce the documents, it said.
The parties involved in the registration process are identified by the Aadhaar number or the registered certificate. If they are missing both an Aadhaar card and a certificate of enrollment, they should be asked to apply for the Aadhaar card to be enrolled at the center immediately and to give them the certificate of enrollment, they added.
Confirmation must be given by the sub-registrar that the person executing the documents has authorized the execution of the deed and that he or she is fully aware of the essential features of the contents of the deed in accordance with the guidelines.
The sub-registrars will immediately sign the memorandum under Sections 52 and 58 of the Registration Act once the concerned parties submit the properly executed deed, they said.
In the event of discrepancies in the submitted document, the sub-registrar immediately issues a deficiency report generated by the system on the same day via the Delhi Online Registration Information System (DORIS). The document will not be held pending for any reason after the defect has been rectified or after the deadline specified in the memo, it said.
The guidelines state that whenever the sub-registrar receives information about any type of dispute relating to a property, it should be uploaded to DORIS on the same day.
The sub-registrar will only send the person concerned a notification generated by the online system via DORIS with a period of three days for submitting a possible suspension order from the competent court in accordance with the guidelines mentioned.
The sub-registrar is not allowed to keep a document pending based on a complaint by a party unless a court has issued a suspension order to maintain the status quo or restrict the transfer of property, they said.
Any document without a dispute and discrepancy must be registered no later than the day following the day the documents were submitted, and it must be ensured that the registered document is served on the same day.
The registration certificate must be noted in accordance with the provisions of Sections 34, 35, 58 and 59 of the Registration Act. A certificate of registration is proof that the document has been properly registered.
As soon as the document has been checked and is complete and in compliance with the law in every respect, the sub-register keeper finally issues the registration certificate in accordance with Section 60 of the Act and signs it in accordance with the guidelines mentioned.
They also provide for regular monitoring of the sub-registries. The registrar concerned prepares a consolidated assessment report of all inspections and forwards it to the Inspector General of Registration (IGR) on a monthly basis.
The control teams check the number of documents submitted for registration at an office on one day and the number of documents delivered on a timely basis.