Coding Scheme In Practice Of Property Registration In Major States Page 60
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65LRISD, NIC(Hqrs)
REGISTRATION PROCESS
Land Sales Transactions
Land can be transferred from one party to another through sale, purchase, gift,
inheritance, mortgage and tenancy. Any person can acquire certain rights on land by
succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or any
other right as holder, occupant, tenant of the land and assignee on the rent. The
registration of deeds and documents is relatable to entry 6 of the concurrent list in the
seventh schedule to the constitution of India. The law on the subject is contained in the
Registration Act, 1908, which is a Central act and the State Legislatures in its
applications to the respective State can amend this Act, subject to the provisions of article
254(2) of the Constitution whereas Land is a State List subject. The registration system
aims to provide a public record of land ownership to protect individuals from being
deceived by entering into transactions relating to properties previously disposed of and to
provide notice of existence of certain continuing interests, encumbrances and claims.
Sales of immovable property are first executed on a non-judicial stamp paper of the
prescribed amount. This constitutes the “Sale Deed” and is necessary to make the
transaction effective under the law. The value of the Stamp paper is known as the stamp
duty. Stamp duty is fixed as a proportion of total value of the transaction. The stamp duty
is payable by either the purchaser or seller, subject to agreements between them. The
original sale deed and a photocopy of the same are produced before the District Sub
Registrar at the district level and the sub-registrar at Tehsil/Taluk level for the
registration. The clerk compares the photocopy with the original and attaches a
certificate. The purchaser then deposits the registration fee and is expected to collect the
registered document at a later date. However, such registration if its value is one hundred
rupees and upwards is compulsory under section 17 of the Act and the validity of the sale
deed is not the concern of the registering officer. Different types of Registers and indexes
are maintained at the registration office.
Registration of deeds is followed by mutation which is to register a change in the Record
of Rights (ROR) of the land maintained by the State revenue authorities. Sale deeds carry
no guarantee of validity of the transaction and therefore offer no conclusive evidence of
rights in or on land. Once the mutation has been effected, the State Government through
the Tehsil/Taluk office provides the landowner with documentary evidence or rights in
land, is called Patta, which amounts to evidence of land right. However, legal interest in
land is not created or transferred until mutation takes place.
Activities of Registration process
(a) The pre-registration is the process where various enclosures like copy of ROR,
map sketch, etc are required to be furnished along with the deed.
(b) The second activity is registration where valuation, stamp duty calculation and
verification are done for registering the deed.
(c) The third activity is the post registration process where registered deed is assigned
to various registers and details about the transaction is sent to tehsil office in a
prescribed format for initiating action for mutation.
60
NIC,DIT,GOI
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