Registration under The Registration Act 1908
An unregistered document is not legally recognized as evidence, to prove transactions in land. The documents should be registered only with a Sub-Registrar in whose area of jurisdiction, the property or its part is situated. This must be completed within four months from the date of signing of a document by the parties. This can be done beyond four months also, but only on payment of a fine and by applying through a written application to get the delay condoned hereto over the next 4 months. The fine payable ranges from 2.5 to 10 times the proper registration fees. A part of this fine amount could be refunded, on deserving grounds. Only the parties actually signing or claiming rights under a document, their Power of Attorney holder or their legal representative can present a document to the Sub-Registrar for registration. The document is later registered and returned only to the said presenter or to his nominee. Presentation can be done by only one person who is party to the signing of the document or his representative.
Appointment with the Sub-Registrar
The Registration Act 1908 does not lay down taking any advance appointments to present a document and normally any Registrar is expected to accept documents on the spot. But due to simultaneous voluminous work in other designations held by him, taking advance appointment is always desirable. In any case, the appointment would normally be given by the office, if not on the same day, then positively within the next two days. Registration of documents is only one of the several functions discharged by a Sub-Registrar and sometimes it is possible that in view of other formalities, registration is delayed. In such cases, you may request the Sub-Registrar to give you a specific appointment. Under the Registration Act 1908 a Sub Registrar cannot decline to accept a document except on the ground that the document relates to properties outside the area of his jurisdiction. When he refuses, law requires that he/she should record the same, in the Day Book, record that refusal in the Book II of Refusals and then give you a copy of reasons for refusal without charging any extra fees. An appeal can be made to District Registrar against the refusal.
Note :- In case the refusal is legitimate and is upheld, only half the fees collected by the Sub-Registrar could be refunded to the party. So, consider carefully the advice of the Sub-Registrar before insisting on official refusal.There is absolutely no fee charged for giving an appointment. Please discourage any self styled middleman (who could be even respectable professionals), offering to secure appointments for some price. Insist on receipt for any money paid. Absence of receipt may be an indication about the office not being aware of your work at all.
How to apply for various services
Models of several applications are required to be displayed at the Notice Boards of the offices of the Sub-Registrars. Documents that involve the effort of searching should be applied for in advance. Depending on the work in particular offices, it normally takes between 3 to 15 days from the date of application.Registration is a simple routine procedure. If the document is in order, the Registering officer has to compulsorily accept it. But, if provisions of law are not met, the document cannot be accepted or registered.