Registration of Documents. South District

Transcription

1 Registration of Documents South District

2 Agenda Registration of Document Rules, 1930 Registration of sale deeds Registration of gift deeds Registration of Mortgage deeds Registration of Firms Registration of Lease deeds Registration of Trusts Registration of Adoption deeds Registration of Wills

3 Registration of Document Rules, 1930 Primarily intended a) To give security to titles and rights of persons Purchasing property Receiving property in gift Advancing money on mortgage of it (property) Taking it (property) on lease b) To prevent individuals being defrauded on such property that may have been so previously disposed of or pledged c) To obviate as far as practicable litigation respecting Authenticity of will Adoption of sons d) To keep authenticate record of private documents

4 Registration of Document Rules, 1930 Registrar Head Registry office Gangtok Under the direct control of His Highness the Maharaja of Sikkim Sub Registrar Sub offices of registry of deeds Now Registrar District Collector Sub-Registrar Sub Divisional Magistrate

5 Registration of Document Rules, 1930 Registers to be maintained At O/o Sub-Registrar 1. Register of absolute transfer of property 2. Register of other transfer of immovable property i.e. mortgage 3. Register of decrees and orders of court and award of arbitrators General register At O/o Registrar 1. Register of deposit of wills and instrument adopting a son after death 2. Register of wills and instruments adopting a son after death

6 Registration of deeds Execution signing and confirming the contents of the deed Rule 20 All instruments required to be registered (except a will) shall be produced within four months from the date of execution To check the date of execution and date of application for registration Delay not exceeding 6 months can be accepted with penalty

7 Registration of deeds Who can present it for registration Rule 21 Either by person executing it Or the person claiming it Procedure for presenting Rule 7 Persons executing the deed or their authorised representative and witnesses Shall attend at the Registrar office and prove by solemn affirmation

8 Registration of Sale deed Rule 24 No document relating to immovable property shall be accepted for registration unless it contains a description of the property sufficient to identify the same Block name, Plot No and Area A small map of the land Owner of the land Boundary plots and ownership details

9 Registration of sale deed Rule 22 Registering officer to satisfy himself that The contents of the document do not conflict with the existing land laws Rules regarding holding of immovable property in Sikkim Then shall proceed with the registration procedure Rule 23 Registering officer in his discretion give a public notice of the fact of the document presented for registration and invite objections

10 Presenting a document Rule 38 to check the following items in the documents presented for registration Has been presented at the proper office Bears the proper stamp or is exempted from duty Language commonly used in Sikkim (Nepalese) or is accompanied by a true translation in English Interlineation, blank, erasure or alteration to be attested by the parties (Rule 10)

11 Presenting a document Rule 38 Contd If it relates to immovable property, the description of the property is sufficient If it contains a map, is accompanied by the true copy of the map Document is presented within proper time Presented by the person executing it or by persons authorised to do so

12 Sale deeds Step 1. Things to check by Registration clerk Two copies of Sale deed Execution of document Witnesses two numbers Date of execution SSC/COI documents of the buyer Spot verification by the concerned RS/ARS BL Property Buyer should also be BL community If the buyer is female Married SSC/COI of husband Community of husband Unmarried Certificate If buyer is committee/trust Have to get approval from Head office Age of the seller/buyer Original Parcha List of family members of the seller (affidavit)

13 Sale deeds Step 2. Verification of encumbrance Send the application along with documents to revenue section Check all encumbrances Mortgage Hissadar / other forms of share holdings Objections Check in both khatiyan and Khasra Check the area sold and area left (to avoid Sukumbasi)

14 Sale deeds Step 3. RC to put up the file for notice Registrar to check the documents and if satisfied can approve for issuing notice for one month to invite objections RC to print the notice and put up for signature Registrar to sign the notice RC to issue notice to all concerned

15 Sale deeds Step 4. On expiry of one month If there is no objection Check for all NOCs Panchayat Boundary holders Family members MPCS and other financial institutions RC to put up for approval for final registration Registrar to check all documents and give approval

16 Sale deeds Step 5. Fees and duty Registration fees 4% of consideration value Stamp duty 1% of consideration value Step 6. Endorsement RC to endorse the details of registration on the back side of the sale deed along with stamps Registrar to sign the endorsements Step 7. RC to preserve one copy in office and give one copy og sale deed to the presenter

17 Sale deed Step 4. On expiry of one month If there is objection Rule 23. In hearing objections raised against the registering of a document, the registering officer shall make no enquiry into the merits of a disputed claims relating to any property mentioned in an instrument presented for registration He shall adjourn the proceeding in registration to enable the parties to move the courts

18 Sale deed Step 4. On expiry of one month If there is objection Writ Petition(c) No.1 of 2012 in the Hon ble High Court of Sikkim at Gangtok Srila TargainVs The District Collector, East Sikkim and others Therefore, while the impugned order shall remain undisturbed, it is directed that the objectors shall move the Civil Court having competent jurisdiction within a period of 90 days and shall inform the respondent no.1 with necessary proof of having done so. It is made clear that in the event of the objectors,,failing to take the steps as directed herein, it shall be open for the respondent no.1 to proceed further with the mutation proceedings as if no objections had been filed.

19 Sale deed Step 4. On expiry of one month If there is objection Registering authority to adjourn the proceedings for 90 days directing the objector to approach the concerned civil court and inform the registering authority. If no such action is taken by the objector, the registering authority can register assuming there is no objection Assistant Magistrate order

20 Gift deed Same as Sale deed Gift should be between blood relations Registration fee 4% of consideration value Stamp duty 1% of consideration value Can also be registered for land given as donation/gift to schools and icds centers Get the approval of District Collector/Registrar

21 Mortgage deeds Step 1. Letter from the bank along with Two copies of mortgage deed Original parcha Family members affidavit To check Properly signed by bank manager and the applicant Details of the property in the schedule Original parcha

22 Mortgage deeds Step 2. Check the encumbrances Send the documents to Revenue section for verification Step 3. Issue of notice Same as sale deed Step 4. Final registration approval NOC from Panchayat, MPCS, family members

23 Mortgage deeds Step 5. Fees Registration fees Rates as per the classification as residential or commercial Slabs of rates as notified Step 6. Endorsements Same as sale deeds

24 Firms registration Application along with Attested copy of COI/SSC/old license copy License given by NMC/local bodies Notice To UDHD, owner of the premises, DIC Fees Registration

25 Lease deeds Two types UDHD lease For companies/business entities UDHD lease Letter from the UDHD department along with three copies of the deed Procedure same as mortgage deeds

26 Lease deeds Lease deeds for companies/businesses Application can be received in the office of SDM Check for all the supporting documents Antecedents check of the proprietors/promotors Registration with the industries department SPCB List of other documents given in the circular from Head office Forward it to the Head office for further processing After approval from the head office registration can be done in SDM office

27 Trust/Gumpa committee/church committee registration Handled by general section Application is to be forwarded to Police department for verification of the antecedents of the trust members After receiving the Police report, forward with the recommendation of the District Collector to the head office for further processing.

28 Will/Adoption Rule 14. Applicant to deliver the instrument of will or instrument adopting a son in a sealed cover to the Registrar Rule 15. Withdrawal of the instrument only on the order of His Highness the Maharaja of Sikkim (now the Government of Sikkim)

29 Will/Adoption Rule 16. On death of the depositor and on application made to the Registrar to open the same Registrar to satisfy himself that the depositor is dead Shall in the presence of applicant and two other reliable witnesses Open the sealed cover and enter a copy of the contents in the register of wills Redeposit the original will

30 Compulsory registration Rule 25. Conditions Person by whom the document purports to be executed, denies its execution Person appears to be minor, an idiot or lunatic Person by whom document purports to be executed is dead and his representatives denies its execution Sub-Registrar shall refuse to register the document and refer it to the Registrar

31 Compulsory Registration Rule 26. Registrar to conduct enquiry Whether the document has been executed Whether the applicant is entitled to the registration If everything is ok Registrar shall order the document to be registered, compulsorily

32 Thank You Ragul K, SDM HQs, Namchi