The following documents are to be need before registration of the property.
Section 17 of the Indian Registration Act, 1908 provides for mandatory registration of certain documents. Those are as follows:-
- Gift deed related to an immovable property;
- Non-testamentary instruments: a. purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above; b. which acknowledge receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest;
- Lease of immovable property for any term exceeding one year or reservation of yearly rent;
- Contracts for transfer of immovable property for a consideration for purpose of Section 53A of Transfer of Property Act, 1882 is executed on or after the inception of Registration and Other Related Laws (Amendment) Act, 2001.
Failing to do so will result in transfer being invalid.
But not all documents have to be registered. Section 18 provides for optional registration of some documents such as:- (See here)
- Adoption Deed
- Instrument relating to shares in joint stock company
- Debentures issued by joint stock company
- Lease of immovable property not exceeding 1 year
- Document of a past transaction
- Power of Attorney with respect to movable property
- Decree or order of court comprising an immovable property valued below Rs. 100
- Certificate of Sale granted
- Agreement of Mortgage
- Promissory note
- Instrument of partition by Revenue Officer
- Grant of immovable property by Government
WHEN TO REGISTER DOCUMENTS?
According to Section 23 of The Registration Act, 1908, all documents except a will have to be presented for registration within 4 months from the date of execution. If a document is executed by several persons at different times then that document has to be presented for registration and re-registration within 4 months from the date of each execution (Section 24 of The Registration Act, 1908).
If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months but it is presented after its expiry will be accepted for registration provided that 10 times the amount of registration fees is paid and delay in presentation does not exceed 4 months.
Application for such a step has to be made to Sub-Registrar who will forward such application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act, 1908). If a document is executed outside India by any or all of the parties and is presented after expiry 4 months then it will be accepted for registration provided that it was executed and presented for registration within 4 months after its arrival to India (Section 26 of The Registration Act, 1908).