Property Registration
Registration is the step that puts a property transaction on the public record. Under the Registration Act, 1908 some instruments must be registered and others may be. The instrument you are executing determines which rule applies, what duty is payable, and what has to happen on the day of execution.
Tarte Consultants prepares the instrument, determines and pays the duty, coordinates execution, and attends to registration at the Government registration office having jurisdiction. Two Sub-Registrar offices are in the immediate vicinity of our Head Office, and registration assistance is available from 7:00 a.m. to 9:00 p.m.
When you need this service
- You are buying or selling a flat, shop, office or plot
- You are transferring property within the family by gift, release or partition
- A registered document contains an error, or the parties have agreed to cancel one
- A bank requires mortgage documentation registered or intimated
- You hold an unregistered agreement and want to understand your position
Instruments we prepare and register
These instruments are charged and treated differently from one another. They do not share a single document checklist and they do not follow one identical procedure — the requirements are settled instrument by instrument.
Sale Deed
Drafting, execution and registration of sale deeds for residential and commercial property. Sale is governed by Section 54 of the Transfer of Property Act, 1882, and a sale deed for immovable property is compulsorily registrable under Section 17 of the Registration Act, 1908.
Agreement for Sale
Preparation and registration of agreements for sale between purchaser and seller. An Agreement for Sale records the terms on which a future transfer is to take place; it does not by itself transfer title. Whether registration is compulsory depends on the transaction and the statute governing it — an agreement intended to operate for the purposes of Section 53A of the Transfer of Property Act, 1882 is subject to Section 17(1A) of the Registration Act, 1908, and other statutes, MOFA and RERA among them, may require registration in their own applicable cases.
Gift Deed
Transfer of immovable property by gift, commonly between family members. Under Section 123 of the Transfer of Property Act, 1882 a gift of immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Duty on a gift turns significantly on the relationship between the parties.
Conveyance Deed
Final transfer of title — for an individual purchaser, or from a promoter or landlord to a registered co-operative housing society. Where the promoter has not conveyed and will not, the statutory remedy is deemed conveyance rather than an ordinary conveyance deed.
Release or Relinquishment Deed
Documentation and registration of a release where one co-owner gives up their share in favour of another — commonly used in family settlements, in resolving joint ownership, and after an inheritance.
Partition Deed
Division of jointly held immovable property among co-owners or legal heirs. Compulsorily registrable under Section 17 of the Registration Act, 1908 where immovable property is involved.
Rectification and Cancellation
Where a registered document carries an error, or the parties have agreed to cancel a registered instrument, the correction or the cancellation is itself an instrument that must be stamped and registered. What is required depends on what the original document did, and on whether every party to it is available to execute.
Mortgage Documentation
Registration of simple mortgage deeds, and intimation of equitable mortgage as required within the Maharashtra stamp and registration framework. Which route applies depends on the form of security the lender is taking.
Lease Deed
Preparation and registration of lease deeds for residential, commercial and industrial premises. Under Section 107 of the Transfer of Property Act, 1882 a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. A leave and license arrangement is a different instrument and is dealt with on its own page.
Exchange Deed
Registration of an exchange where two parties mutually transfer property. Under Section 118 of the Transfer of Property Act, 1882 a transfer by exchange is completed in the manner provided for the transfer of such property by sale.
How a registration proceeds
Identify the instrument
What the parties have agreed determines which instrument is appropriate. The instrument in turn determines the article of the stamp schedule, whether registration is compulsory, and who must attend.
Draft and settle the document
The parties, the property description as it appears in the records, the consideration and the payment arrangement, the possession position and the covenants are all settled in the draft before any duty is paid.
Determine and pay stamp duty
Duty is computed for the specific instrument and location, then paid — through GRAS with an e-SBTR, or on physical stamp paper from our licensed Stamp Vendor. Duty must be paid before or at the time of execution.
Execution
The parties and the witnesses sign. Where a party cannot attend, a power of attorney must have been drawn for that purpose in advance, with the specific acts enumerated.
Presentation and admission before the Sub-Registrar
The document is presented within the period allowed under the Registration Act, 1908, and the executants admit execution before the registering officer. Admission of execution is a distinct act from signing the document.
Registration and the registered record
On registration the document is entered in the register and the registered instrument is returned. Index II records the particulars of the registered document, and it is what a purchaser, a lender or an authority will later examine.
What we ask for at the outset
There is no single checklist that applies to every registrable instrument. What a particular transaction requires depends on the instrument, on the parties, and on the practice of the office where it will be presented. To begin work we ordinarily need:
- Identity particulars of every party who will execute or admit execution
- The prior title documents and the chain of documents you hold
- The property description exactly as it appears in the registered and revenue records
- The agreed consideration and how it is being paid
- The possession position, and any occupancy or tenancy affecting the property
- Any loan, charge or encumbrance recorded against the property
Please note: We use this to identify the instrument and compute the duty. The document set that ultimately has to be produced is settled once the instrument is identified, and identification requirements at the registration counter are a matter of current office practice which we confirm for the office where your document will be presented.
Points worth settling before the date of execution
Duty is not paid afterwards
Stamp duty must be paid before or at the time of execution. A document executed first and stamped later attracts consequences under the Maharashtra Stamp Act, 1958, and an instrument that is not duly stamped has problems as evidence.
Stamp duty and the registration fee are separate charges
They are levied under two different statutes and computed on different bases, and a document handling charge applies on registration in addition. A budget that treats them as a single blended percentage is usually wrong in one direction or the other.
Authority to sign is not automatically authority to admit execution
Where a party will be represented, the power of attorney has to enumerate the act of admitting execution before the Sub-Registrar. This is among the most common reasons a representative is turned away at the counter.
Registration records the document — it does not cure the title
A registered instrument does not convert a defective title into a sound one. Where the chain of documents raises a question, that question is worth examining before the transaction rather than after it.
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