e-Nyaya Sarathi

It is advisable to register document because: a. It helps prevent forgeries and frauds as registered document is in the public domain. b. It is proof that the document was actually drawn. If a document is registered, you can find out if there is an existing liability or ongoing litigation with regard to the property. c. Registering documents ensures transparent and secure deals.

As per sub clause 2 of Section 2 of the Registration Act, 1908 Book includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book.

Conveyance Deed generally means a document by which one party transfers his right, title, interest or ownership in a property (immovable or movable) or any estate in favour of any other party to the document, except for which some separate provision is available for in Schedule – 1 of Stamps Act, 1977 Svt. The following kinds of documents fall under this category: Conveyance on sale; Every Instrument; Every decree or final order of Civil Court; Order issued by High Court under Section 394 of Company Law, 1956 regarding amalgamation and reconstruction of companies, or order issued by Reserve Bank vide Section 44A of Reserve Bank of India Act, 1934 regarding amalgamation and reconstruction of banks.

Lease deed is a contract between the lessor (owner of the property) and the lessee (tenant of the property) for use of said property on a lease or rental basis. It is similar to a rent agreement between the landlord and a tenant, but usually executed for a longer time period, at least for more than one year.

A mortgage deed is a document by which, the debtor to secure the amount / loan given or to be given by the creditor, creates or transfers a right in or upon his property in favour of the creditor. Debtor- A debtor or debtor is a legal entity that owes a debt to another entity. The entity may be an individual, a firm, a Government, a company or other legal person. The counter party is called a creditor.

Power of attorney is a document by which, a person authorizes another person to act on his behalf and in his name which include powers to sign and take decisions required on behalf of the persons giving the power of attorney. Similarly, powers given to represent on behalf of the principal in any court, tribunal or before any authority also fall under this category. However, this category does not include the Vakalatnama given to an advocate to carry on the proceedings.

Gift deed generally means a document by which a person gifts his self-acquired property to another person out of his wish and will, without any monetary consideration. A person gifting the property is generally called as the Donor and the person accepting the gift is generally called a Donee.

Partition Deed is a document by which the co-owners or coparceners of the property, fix their individual share or divide the property by metes and bounds to show their independent share. Following kinds of documents are included in this category: Final order issued by Revenue Authority or Civil Court affecting the partition; An award by Arbitration Tribunal directing divisions; and A document of any nature regarding division of property, written and signed by the co-owners or the coparceners.

Settlement is a document other than Will by which, the settler makes arrangement / management of his immovable and movable property during his life time for the following: i. In consideration of marriage; j. For the purpose of distribution of the property amongst family members; or for whom he wishes to make provision for or for any person depending on him, or k. Any written arrangement / management made for any religious or charitable purposes.

Immovable property includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops or grass.

Movable property in general means anything except immovable property, which includes standing timber, growing crops and grass, fruits on trees or their juice and such property of every other description.

Generally Stamps are of two kinds - Judicial Stamp and Non Judicial Stamp. In common language judicial stamps are recognized as court fee stamps whereas stamps used for making deeds and documents are called non-judicial stamps. Judicial stamps are used to pay court fee whereas Non-judicial Stamps are used to pay Stamp duty on documents such as sale, gift, lease agreements etc.

Execution in the context of Registration of documents means to put in signature with date by the concerned party after reading and understanding the nature of document and terms and conditions mentioned therein.

According to Section 34 of the Registration Act, 1908, the process under which the parties themselves or their representatives (Power of Attorney holder etc.) by being present before Sub Registrar admit the execution of the document to be registered, and the Sub Registrar after verification makes an entry accordingly, is called Admission. In respect of such admission, the signature of the concerned party / representative is taken on the summary part 2 of the document.

The process by which a person gives statement before the Sub Registrar that parties giving admission before him are personally known to him and are the same persons they declare to be, is called identification. It is essential for the Sub Registrar to satisfy himself before proceeding with registration.

Scanning is the electronic process prescribed for preparing a copy of the registered document as per Section 16 A of the Registration Act, 1908. A copy of registered document has to be kept and preserved in the concerned book of the office of Sub Registrar. In yesteryears, the methods adopted for copying were handwriting, photographing, photo copying etc. However, from the commencement of the computerized registration system, the documents are being scanned after registration. These scanned images are kept as copy in the records.

When the property to be registered is situated in the Jurisdiction of two Sub Registrars, both the SRs have jurisdiction to register the document and the same is referred to as concurrent jurisdiction.

When the original party signs/executes the document, and authorizes someone to perform following activities in his name and on his behalf: i. To remain present in the office of Sub Registrar on his behalf, and to present that document for registration, or j. To remain present in office of Sub Registrar on his behalf and admit its execution before the Sub Registrar, such Power of Attorney conferring limited rights is called Special Power of Attorney.

According to Section 33 of the Registration Act, 1908, the person conferring Special Power of Attorney has to remain present before the Sub Registrar (or if residing outside India before the Competent Authority) and sign the Power of Attorney before him and the Sub Registrar (and if outside India, the Competent Authority) has to certify that the said signature was made before him. This is called Authentication.

According to Section 33 of the Registration Act, 1908, it is necessary for the person conferring Special Power of Attorney to present himself before Sub Registrar and sign the Power of Attorney. However, if for exceptional reasons mentioned below; if a certain person cannot be present personally before the Sub Registrar for authentication and if the Power of Attorney signed before hand/earlier by him is submitted before the Sub Registrar, the latter after verifying the reasons and satisfying himself that the person has really signed the Special Power of Attorney, can do the Attestation of the said special Power of Attorney. Exceptional Reasons: - If the person faces risk due to physical disability or suffers serious inconvenience, - If such person is in prison due to proceedings in criminal or civil court, - If such person is legally exempted from being present in the court.

The term Using the stamp within six months of its purchase means, it is essential that the document for which the stamp is purchased, should be written on it and signed (executed) within six month of purchase.

As per Stamp Act, Instrument is a written document (article) by which, any legal rights and / or obligations against any property or person: “are created, or transferred, or restricted / limited, or extended, or annulled / destroyed or recorded”

True Market Value means, the price which would have been fetched if the property mentioned in the document (subject matter of document), would have been sold in the market or the consideration as shown in the document, whichever is higher.

Mutation means an alteration of an entry in revenue record. The object of mutation is to bring entries in record of rights updated. Mutation does not confer any title, but it is only a fiscal entry.

Settlement deed is a legally enforceable document and has to be registered. In terms of immovable property like land/building, settlement deed is a legal document wherein parties settle their differences or disputes. The party executing the settlement is called settlor (executant) and the claimant (beneficiary) is called the setlee.

As per sub clause 5 of Section 2 of the Registration Act, 1908 endorsement and endorsed include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act.

A compact area which is used by the inhabitants of a village or estate, on which the houses are built and is used for residential purposes is known as Abadi Deh. Whosoever is the owner and in possession of particular piece of land is deemed as owner of such building or site.

It is a commonly used word in revenue parlance. Fard means an extract of Jamabandi or any other such record. It is a pre requisite document for registration of a sale, gift, lease or any other mode of transfer of rights over the land from one person to another.

Jareeb or chain is made of iron. It is a traditional instrument of measurement. Its length is 10 karums (55 feet). One Karum is five and half feet in length. There is a hook after every Karum. There are circular hooks on its both ends for handling it at the time of measurement during settlement operation.

Jandar gharat is also known as paan chakki. Any gharat or chakki which is run by the water source like river, nallah or Jimindari kuhl in a village is traditionally known as Jandar gharat.

Khewat is a proprietary holding of one or more than one joint land holders of an estate. The khewats of land holders are generally arranged in the order in which they appear in “Shajra Nasab”. Separate khewat number is allotted to Shamilat and State land.

Khata is a part of Khewat. It may comprise one or more than one khasra numbers of a co-owner and a tenant in possession. The sequence is Khasra number, Khata and then Khewat forming a record of rights or Jamabandi.

During the course of measurement and settlement operations, a serial number is allotted to each field or a piece of land under the occupation of a person or persons, jointly holding under one title, is called Khasra number. i. In case a Khasra number prepared at the time of settlement is temporarily broken for the purposes of cultivation or otherwise in two or more part or parts, such parts are allotted Min Numbers in the register of Khasra Girdawari e.g., say khasra number 15 of an estate is broken in two parts, the other part will be assigned as khasra number 15 min. j. In the same manner, if a khasra number is permanently broken into two or more parts and is owned or cultivated by different persons, such broken parts shall be allotted Bata Numbers.

Massavi is the original ‘shajra’ (the first copy) of measurement of fields of an estate prepared at the time of settlement. It is prepared on a full size paper. It shows the outer boundary lines of the village or estate along with sehadas (pillars) adjoining other villages or estates.

Record of rights of an estate prepared at the time of settlement or at its revision, which contains the Shajra Nasab of its land holders, village field map, defines rights, interests and liabilities of the land holders, tenant and assignees of land revenue is called Misal haqiat.

Any person who has attained 18 years of age and is not a party to the document can sign as a witness to a document.

Any person who cultivates the land personally as on 01.11.2021 shall be an “agriculturist” for the purposes of the proviso under 133 H.

Land can be alienated from an agriculturist to a non-agriculturist when the latter obtains permission from the Deputy Commissioner concerned after fulfillment of the following conditions (SO 373 dated 01.11.2021): i. Land shall be used only for the purpose for which permission has been granted. j. Land shall be put to use for the said purpose within 2 years from permission date. k. Applicant shall abide by all rules and regulations applicable on the land. l. Transaction should not make transferor landless.

Procedure for permission: Parties shall jointly apply to DC with all documents. DC will forward to Tehsildar who shall submit report with all supporting documents to SDM/ACR within 7 days, who in-turn shall record his observations and submit to DC within 7 more days. DC shall decide approval/ rejection of permission within 7 days of receipt of report from revenue officers, entire process is required to be completed within 30 days of filing application.

A Will is a testamentary document by which a person bequeaths his property. The property may devolve on the person in whose favour the will has been made after the death of the testator.

Any person above the age of 18 years and who is mentally sound may execute a Will Deed, but a Will Deed executed upon committing a fraud or coercion or by impersonation is not valid. Hence a Will must be executed voluntarily. Parents or guardians cannot execute Will on behalf of minors or lunatic children. Beneficiary under a Will should not sign as attesting witness. In order to avoid disputes in implementation of a Will, description of property and the name of the beneficiaries should be clearly written so that there is no room for doubt.

No. It is not compulsory to register a Will. The testator may register a Will at his option. However, it is always advisable to register the Will so that if original Will is lost; a certified copy of the same can be obtained from the recording Sub-Registrar Office.

A Will can be registered in the office of any Sub-Registrar within India.

No, there is no time limit as such to register a Will from the date of its execution.

A testator can cancel his Will at any time during his life time and before his death.

If the executant of a Will wishes to rectify or amend a Will, he may do so during his life time.

Yes, a Will Deed can be registered after the death of the testator. The Party claiming under the Will shall have to produce the original Will Deed along with record relating to the death of the testator, the witnesses and the document writer before the Sub-Registrar for examination with respect to the execution of the Will. In case the Sub-Registrar is satisfied that the Will has been executed by that person and the person is genuine, Sub-Registrar can register the Will Deed.

No stamp duty is chargeable on registration of a Will deed. For registration of Will during the life time of the testator, registration fee in terms of section 78 of the Registration Act,1908 has been prescribed and notified vide SO 243 of 2020 as Rs. 2500/-.

A certified copy of a registered Will is available to the testator during his life time. After death of the testator, any person can obtain a certified copy of the Will Deed by producing a proof of death of the testator.

The National Generic Document Registration System (NGDRS), initiated by the Government of India, Department of Land Resources (DoLR) and developed by Software Development Unit (SDU) Pune is a state specific instance which can be accessed from the link: ngdrs.jk.gov.in

The software is configurable as per state specific requirements with respect to Property Registration: - Facility for Online document entry by citizen. - Online valuation module with stamp duty calculation. - Role-based access to citizens and Official users. - SMS facility to send alerts to citizens& Official users. - Hierarchy based maker/checker facility. - e-Know Your Customer (KYC) - UID based authentication with the help of biometric technology at the time of Admission. - Linkage with Land records system. - Interface for Online payment facility. - Linkage with stamp inventory software to avoid duplicate usage of used stamp paper. - Storage of copy of registered documents using scanning technology. - Viewing of, downloading facility of scanned documents in order to generate certified copy for an authorized user. - Unicode based Local Language support. - Registration of documents anywhere within concurrent jurisdiction. - Single log in credentials for all modules. - Daily, Monthly & yearly Management Information System (MIS) reports with cash book &other account related reports.

NGDRS reduces the administrative burden of Government by minimizing the use of paper. The applicant can schedule and secure date and time of document registration prior to proceeding to the SR office. All the stake holders of registration are on a single platform. Citizen empowerment by enabling property valuation on a click, thereby achieving the goal of ease of doing business.

Security Audit: The NGDRS application has been security audited by empanelled audit agency and the application security audit certificate has been obtained. Aadhaar authentication / OTP based login facility is provided.

Signing up for NGDRS is easy - all you need is to login to ngdrs.jk.gov.in , click on ‘Citizen Registration’ and fill the form.

While using NGDRS, the OTP is sent instantaneously. Sometimes there may be temporary lag or interruption either on servers (while generating / sending OTP) or in delivery of the SMS by your mobile service providers wait for few minutes and try again.

To recover your username/password, please visit e.g. https://ngdrs.jk.gov.in/Citizenentry/ citizen login and use the option forgot Password and provide the secret answer that you have given during the registration process.

Username once created in NGDRS cannot be changed.

Guidelines to submit documents for registration. Following are the guidelines before filing document registration details at the website. Step 1: New user registration Step 2: Login Step 3: Fill all details of A-General Info tab Step 4: C-Property details & Valuation Step 5: Fill D-Party details and set one party as a presenter. Step 6: E-Witness Step 7: F-Payment Step 8: G-Stamp duty calculation Step 9: H-Pre-Registration Summary Step 10: I-Upload File Step 11: J- Data submission Step 12: K-Appointment Step 13: Go to the SRO office on the appointment date for further processing.

The size of document is configurable and it is done as per the requirement of respective document to be uploaded.

Files in pdf format can be uploaded. The limit of a file is 0.5 MB.

Yes, Reschedule option is provided in citizen entry part from where a citizen can easily reschedule his/her appointment till final submission of application.

Yes, it is permissible in terms of section 54 of the Stamps Act, SVT.1977.

Yes, go to the citizen login where you will find such option available to check the payment status.

Thumb Device is the biometric device currently supported by NGDRS for capturing fingerprints.

Uninstall the biometric software and re-install it.

Not possible to make any changes, once the document registration process is completed.

A Citizen gets ample opportunities to edit the application before final submission. Still SRO can revert the document to citizen for corrections, if any.

Mobile number up-dation is not yet given to the user, but on request from Sub Registrar office the mobile number can be updated.

Procedure to check payment status or for transaction ID: - Go to the citizen login - Click on the sub – menu of Document entry i.e. GRAS double verification. - Enter your token no. and submit. - Check the status of your payment in the status column of the displayed below.

Enter the newly created challan number instead of the previous one.

Sometimes due to network issues, this type of problem occurs; please try after sometime.

A person may acquire title and ownership of an immovable property by any of the following modes: by inheritance of ancestral property, through a Will, by acquisition of property through different modes of transfer viz: sale, gift, mortgage, lease, rent, trust, settlement and grant by the Government or through decree of Court. There are two ways of acquisition: - By act of parties. Example: Sale, gift, lease, settlement, exchange, etc. - By operation of law example: Inheritance, decree of Court etc.

The Registration Act, 1908 contemplates that each time a property changes hands; it must be registered in the name of the new owner. According to the Act, such documents are required to be registered which ‘create, declare, assign, limit or extinguish’ any right, title or interest to or in the immovable property and the consideration amount is exceeding the value of Rs 100. The purpose of registration of a document on transfer in respect of immovable property is that the registered document becomes a permanent public record. A public record can be inspected by any person and a certified copy can be obtained from the office of Sub-Registrar. Registration of a document is a notice to the general public that the immovable property has been transferred by the owner to the buyer. Those persons who are interested in purchasing that immovable property can verify from the records / index available in the office of Sub-Registrar

Gift deed of immovable property; other than non-testamentary instruments, which purport or operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property. e.g: Sale, mortgage, partition, release, settlement of immovable property. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest; Leases of immovable property Non testamentary instruments mentioned in Section 17 of the Registration Act,1908 transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

If a deed of transfer of immovable property the registration of which is compulsory under section 17 of the Registration Act, 1908 (16 of 1908), is not registered, it will not be admissible in evidence.

Yes, seller and buyer or a person claiming to be the owner should be present in the Sub-Registrar office at the time of presentation of a deed so that the Sub Registrar can verify whether the document has been executed by them.

Yes; four months period is prescribed undersection 23 of the Registration Act,1908 within which a document may be presented for registration before a Sub-Registrar. Time is calculated from the date of execution (signature) of the deed a. If a document is executed out of India, the period of four months will be counted from the date of receipt of that document in India. b. After four months, document may be presented within another four months to the District Registrar with an application. c. The District Registrar may impose a penalty upto a maximum of ten times the registration fees and grant permission to Sub-Registrar to register the document. After expiry of the period of 08 months, the document cannot be accepted for registration. (For details, please see Sections 23 and 25 of the Registration Act,1908).

The Sub Registrar can refuse a document registration application on various grounds in terms of section 71 of the Registration Act, 1908 including: Error in the text. Insufficient stamp duty. Deficiency in property-related documents.

If a buyer ‘intentionally or willfully makes any false statements, presents a false copy or translation of a document or a map or plan or attempts to falsely impersonate other person’, he has thus committed a punishable offence, for which he could face imprisonment for a term which may extend up-to seven years of imprisonment or a fine or both as prescribed in Section 82 of the Registration Act,1908.

According to Section 21 of the Registration Act, 1908, for registration of document of transfer of immovable property, it is necessary to mention the description of property in such a way that the said property can be distinctly identified. For this purpose, generally, the following particulars are needed to be mentioned in the document: - Name of the geographical area where the above property is located, e.g. District, Tehsil, Village and parameters such as Khewat, Khata and Khasra (Survey) Number. - Name and serial number of details of roads or other property by the side of which above property is located e.g four boundaries (i,e properties existing along four directions). This is shown on a trace of the property superimposed on the cadastral map of the estate to be prepared by the field revenue agency. - Description of the property on a sketch showing nearby land marks such as Road, water body etc.

There are no specific rules as such in this regard. It is generally customary to write / type / print document in black ink on legal size paper. However, the handwritten matter should be neat / readable. To save the NGDRS application from unnecessary burden, a limit of 0.5 MB has been kept which can be relaxed depending upon the request of a Sub Registrar.

No. There is no such provision / stipulation in the Registration Act,1908.

No. using the drafts of documents made available by the Registration and Stamps Departments is entirely optional.

The persons who are present while the parties are executing / signing the document, and sign the document as witnesses in order to testify that the parties have signed before them are called Witnesses. Witnesses are not parties to the document and they are not identifiers at the time of registering the document.

According to the provisions of the Transfer of Property Act, 1882 and of Indian Contract Act, 1872 and of similar other Acts, in order to make execution of a document valid and legal, it is necessary to have witness at the time of execution of the document.

For execution (while parties are signing the document) of documents like Sale Deed, Agreement to sell, Lease Deed, Mortgage Deed, Exchange Deed, Gift Deed, Partition Deed etc. minimum of two witnesses are required. (Every execution means execution of one or many parties simultaneously)

No.

Generally after accepting the document for registration, 8-10 minutes are required for document registration.

As per Section 32 of the Registration Act, 1908, any one party from the executing (signatories) or claimant (beneficiary) parties can present the document to Sub Registrar for registration. Similarly, a Special Power of Attorney holder of such party can present document for registration.

According to Section 25 of the Registration Act, 1908, if the prescribed fine has been paid, the authority to order the acceptance of the document registration vests with District Registrar.

No, according to sub-Section 2 of Section 34 of the Registration Act, 1908, different executors can present themselves simultaneously or at different times within the permissible period of four months and give their admission. However, registration of document is not completed till the last admission is given.

According to Section 88 of the Registration Act 1908, it is not necessary for the following authorities / public servants to be present in person for admitting their executions in the office of Sub Registrar – - Any officer of Government who has executed the document on behalf of Government. - Administrator General, Official Trustee or Official Assignee. - Court Receiver of High Court, or Registrar and sheriff. - Besides, said exemption is also available to such persons as are holding posts as Public Officer in public undertakings under jurisdiction of the State Government, local self- government bodies, semi- government offices, boards and corporations, if the State Government has given exemption for this vide notification issued under Section 88.

No.

According to Section 31 of the Registration Act, 1908, if there is a special reason (e.g. if a seriously ill party’s document is required to be urgently registered), after the party executing the document applies for visit outside office and the Sub Registrar is satisfied about the reasons for visit outside the office, he can pay a home visit and accept the document for registration or take the admission. The costs incurred for the purpose are to be met by the applicant.

It is necessary that the party, who for specific reasons (e.g. serious illness) cannot go to the registration office to present document for registration or for giving admission, can apply for visit outside office before the office of Sub Registrar. It is also necessary to attach with it suitable proof in support of the reason (for example, medical certificate of the serious illness).

Certain categories of the persons are exempted from the appearance at Registration office in terms of section 38 of the Registration Act, 1908. In such cases, the registering officer shall either himself visit house of such person or to the place where he is confined and examine the person or issue a commission for his examination. A provision to this effect is in section 31 of the Registration Act, 1908.

Since the home visit takes place outside the office of Sub Registrar, sometimes objections can be raised that the visit did not take place at all or the Sub Registrar himself was not present at the time of home visit. In such cases, a suspicion may arise though regular home visit has taken place. To avoid such a situation, video shooting of the entire process of home visit is required to be done to safeguard the interests of the concerned parties.

As per Section 60 of the Registration Act, 1908, the proof of completion of registration of document means a certificate carrying on it the words “Document Registered” signed by Sub Registrar with date and imprint of round seal of the office, meaning thereby that the document is registered, for all requirements of the Registration Act, 1908 have been fulfilled. This is a certificate / proof indicating completion of registration of document.

The time required for scanning of a document depends upon the number of pages in the document. Since all offices of Sub Registrars are provided with high-speed scanners, scanning is completed immediately.

Before returning the original document to the party, it is necessary to ensure that the scanning of original document has been done properly, that some pages from it have not been left out of scanning or that some pages are not partly scanned. For these purposes after scanning, prints of the scanned image are taken at the rate of four pages of document. These prints are called thumbnail print. It is necessary that both (the employees in the office of Sub Registrar and the concerned parties) should compare the Thumbnail print with the original document and satisfy themselves that the scanning has been done properly.

If the Sub Registrar has to refuse the registration of a document, as per Section 71 of the Registration Act, 1908, he has to ensure the following: - To issue a written order having mentioned the reasons for refusal of registration of the document. - To mention the said reasons in Registration Book No. 2 - To return the document to the concerned party after making an endorsement on the document as “Registration Refused” - To furnish a copy of entry mentioned in Book No. 2 without any fee and without any delay, if the executor of the document or claimant party applies.

The concerned party can file an appeal against the order of Sub Registrar refusing to register document, with the District Registrar. Such an appeal can be filed within 30 days from the date of such order of the Sub Registrar.

No fee is charged for appeal against the order of refusal to register a document. It is necessary to affix a judicial Stamp (Court fee label) of Rs. 5/- on such appeal.

If District Registrar hearing the appeal refuses to issue order to register the document, the party can file a suit in a Civil Court having jurisdiction in terms of Section 77 of the Registration Act, 1908 within 30 days of the date of order of the District Registrar.

The list of documents for which registration is compulsory is mentioned in Section 17 of Registration Act, 1908. If such type of documents are not registered, then-The title being transferred on the basis of such document is not established (not proven). - As per Section 49 of Registration Act 1908, such documents are not admitted as legal proof of the transaction mentioned therein. - As per the Transfer of Property act, 1882, if documents such as Sale Deed, Mortgage Deed, Lease Deed and Gift Deed are not registered then transfer of property does not take place. - Parties to such document are liable to avoiding of fulfillment of terms and conditions / transactions mentioned in the document. - Difficulties may arise in filing a petition in competent court for fulfillment of transactions mentioned in such document. - Such a document does not become part of Government records and therefore if a dispute arises in future between the heirs of original parties or if need arises for some other reason, no proof is available to establish genuineness of the document. - Besides, there is no way available for the general public to know about the transaction related to that document, and therefore taking undue advantage the possibility of resale / retransfer of that property remains in balance and this way the original purchaser and the subsequent purchaser both are likely to be defrauded.

Documents for which registration is optional are included in Section 18 of the Registration Act, 1908. These include: - Documents which are not included in Section 17 of the Registration Act, 1908, which means documents for which registration is not compulsory, - Will, - Notice of Lispendens, - Lease Deed of immovable property for a time period of less than one year.

According to Section 5 of the Registration Act, 1908 the authority of framing the limits of Sub District or making changes in their limits vest with the State Government. The Government, issues notification in Gazette for the same.

According to Section 28 of the Registration Act, 1908, it is necessary to register the document in the office of Sub Registrar in whose jurisdiction some or entire property mentioned in the document to be registered is situated. In the case of concurrent jurisdiction, such documents can be registered in any office of Sub Registrar in that Jurisdiction.

The document can be presented for registration in any of the office of Sub Registrar, in whose jurisdiction, any one property out of the properties in that document is situated.

After a document containing properties situated within several Registration Districts is registered, that Sub Registrar, in the context of other properties included in the document, sends a copy of document and memo (summary like index) to such District Registrars in whose jurisdiction those properties are situated. The said District Registrar take note of that copy in their records and send the copy of the memo received, to such Sub Registrars in their districts in whose jurisdiction those properties are situated. Such Sub Registrars take note of the said memo in their records. For example, if a document comprising of properties in the jurisdiction of Vijaypur in Samba District and properties in the jurisdiction of Akhnoor in Jammu District is registered with Sub Registrar Vijaypur, then the Sub Registrar, Vijaypur shall send to District Registrar, Jammu the copy and memo of the document. The District Registrar of Jammu takes a note of such received document in his record and sends a copy of memo to Sub Registrar, Akhnoor. Sub Registrar, Akhnoor takes a note of the said memo in his record.

According to Section 82 of the Registration Act, 1908, the following activities are considered as punishable offence: - To make any false statement in document registration process, - To use false / forged papers for document registration, - Giving of admission before the Sub Registrar by impersonating another, - Similarly, to identify a cheat / imposter as real person amounting to false identification, - To indulge in abetment / encouragement of above actions.

If some person is prima facie found to have committed a wrong activity as per Section 83 of the Registration Act, 1908, the concerned Sub Registrar on his own or with the approval of District Registrar / Inspector General of registration can initiate criminal proceedings against him.

If a wrong activity is committed under Section 82 of the Registration Act, 1908, after the guilt is proven, sentence of imprisonment extendable up to seven years or penalty or both can be awarded.

Index of documents means summary showing important details in respect of the documents registered in the office of Sub Registrar (e.g. kind of document, document number, consideration, market value, details of property, names and addresses of parties, date of execution, date of registration, Stamp Duty and Registration Fee paid etc.). The index is prepared as per Section 55 of the Registration Act, 1908.

Any person can obtain a certified copy of Index 1 and Index 2 by applying and paying the fee. - Certified copy of index 3 of Wills: - Can be obtained only by the Testator of Will or his representative by applying and paying fee. - After the death of Testator of Will, any person can obtain a copy of applying and paying fee. - Certified copy of index 4 of document can be obtained only by the executants of the document or the beneficiary / claimant of the document by applying and paying fee.

According to Section 57 of the Registration Act, 1908, the certified copy of document received from the office of Sub Registrar is acceptable as evidence for proving the contents mentioned in that original document.

In order to inspect the index of documents pertaining to any property, registered in the office of Sub Registrar, one can do it online sitting at home without going to the office of Sub Registrar. This is known as e-Search facility.

According to Section 44 of the Registration Act, 1908: - If the Testator desires to take back the sealed cover containing Will, he can himself or through an authorized representative submits an application to the District Registrar. - If the District Registrar is convinced that the person applying is the Testator or his authorized representative, then he returns such cover without opening it, to the applicant. - A fee of Rs. 100/- is charged for this.

Power of Attorney or PoA, is a legal document giving an attorney incharge or legal agent the authority to act on behalf of the principal. The attorney in-charge possess broad are limited authority to act on behalf of the principal. The person who gives authority / rights is called as ‘Principal’ and the person to whom authority is given is called ‘Attorney Holder’.

Generally the following two kinds of Power of Attorney are used in the context of registration of document: - General Power of Attorney: - Conferring the authority to sell immovable property. - Conferring other rights but not the right to sell immovable property. - Special Power of Attorney conferring the authority to present executed document for registration or to give admission on behalf of person executing the document.

The Power of Attorney in which the executor of Power of Attorney (Principal) authorizes the Power of Attorney holder to perform any nature of activity in the context of his immovable and movable property in his name and on his behalf, that Power of Attorney is called General Power of Attorney.

If such Power of Attorney is conferred without any consideration in the name of father, mother, brother, sister, wife, husband, son, daughter, grandson, granddaughter or any near relative, then Stamp Duty of Rs. 500/ is necessary. In case of Power of Attorney not included in above, Stamp Duty is payable as per rate prescribed.

Stamp Duty payable for Special Power of Attorney is Rs. 100/-.

In the case of a petition filed before any Court, if the Hon’ble Court issues an order that document pertaining to transfer of the disputed property mentioned in the petition, should not be registered till final decision is made, generally the Hon`ble Court sends copy of that stay order to concerned office of Sub Registrar. However, parties having vested interest in the said petition may also inform the Sub Registrar about such stay. The Sub Registrar does not accept for registration a document relating to transfer of property mentioned in the stay order.

The Registration Department does not have the authority to cancel a registered document.

As per Section 31 of Specific Relief Act, 1963, Competent Court has the authority to cancel a registered document.

Yes, there are two main types of non-judicial stamps. They are. - Impressed Stamps – A stamp paper on which document can be typed or be written - Adhesive stamps – A stamp tickets which can be pasted / affixed on written or printed document.

Adhesive stamps should be used in following manner: - Adhesive stamps also should be used within six months of purchase. - Adhesive stamps purchased, if cannot be utilized within six months of purchase for some reasons, then an application should be made for refund of stamp duty within six months from date of purchase. - If adhesive stamps are the not utilized nor application for refund is not made in within six months from the date of purchase, the purchased stamp becomes null and void, which may result in waste of money. - On affixing adhesive stamp to the document, whosoever affixing it, should cancel the stamp in such manner that it cannot be re-used. Here cancelling means, signing across the stamp drawing two parallel lines across the stamp or putting a rubber stamp on it in such a manner, that if removed can be easily identified. - If above rules are not followed, then it is assumed that stamp duty has not been paid on the document.

Stamp duty is a type of tax to be paid on certain documents / instruments.

Stamp duty is required to be paid, for the following reasons: - If stamp duty is not paid at the prescribed rate, as per nature of the document or the true market value of the subject property, the document is treated as Not Duly Stamped. - A document which is Not Duly Stamped is not treated as legal proof of the transaction mentioned in it. - If Stamp duty is not paid in time or is less paid, then it invites penal action

It is necessary to pay stamp duty, in the manner and at the rate prescribed for the concerned document / instrument in Stamp Act so that, it becomes duly stamped. Duly Stamped means to affix adhesive stamp or attach impressed stamp in the manner prescribed and the amount of such stamp should not be less than the amount prescribed by law for the time being in force.

In respect of a document ‘Executed means that the concerned document has been signed and ‘Execution’ means signing of the concerned document.

The stamp should be purchased only in the name of any party to the document - The stamp should not be purchased in the name of a pleader or any third person; or else such document is considered as ‘ not duly stamped’ - Stamp should be bought in the name of only that person who has spent for stamp duty, is that if the question of refund comes up, it will not be necessary to seek the signature / consent of others.

If the stamp duty is not properly paid on the true market value of the property, the registration of the concerned document will not be completed. The Registering Officer a. While registering the document under the Registration Act 1908, if doubts that the stamp duty is not paid according to the true market value of property, shall stop the registration process; and shall refer the document to the concerned Collector of Stamps for the assessment of stamp duty and the true market value of the property. The Collector of Stamps - Gives an opportunity to the person responsible for payment of stamp duty to present his side. - Makes an inspection of property if required. - Takes decision on market value considering circumstantial evidence. - Recovers the les paid stamp duty, penalty and registration fee; and - Can proceed with confiscation of property, if required stamp duty or penalty or registration fee is not paid.

Refund of Stamp duty can be obtained in the following circumstances: - Before signing of document by any person, if the stamp paper has been rendered unfit for its use, because being inadvertently spoiled due to errors in writing. - Unsigned stamp paper written fully or partly but which is not to be used. - Signed document / stamp paper but, in case where: - The party has subsequently found it to be entirely illegal since the beginning (void/ ab/ initio) as per Section 31 of Specific Relief Act. - The court has subsequently found it to be entirely illegal since the beginning (void ab /initio) as per section 31 of Specific Relief Act. - Is found to be unfit for use due to any deficiency or mistake. - The person whose signature is essential has died without signing the document or has refused to sign the document, for which the transaction cannot be completed. - Any party to the document has not signed the document or is unable / incapable of signing the document or has declined to sign it, for which it may not be possible to complete the intended transaction. - Any party to the document has refused to act as per terms of the document or pay the agreed sum or has refused to give acceptance / approval to it. - If the intended transaction might have been completed with the help of another document between the same parties having no less stamp duty, than the earlier document. - If the Stamp purchased for the document being of insufficient value, the same transaction has been completed by another document with the Stamp of the proper value between the same parties. - That stamp paper might have been spoiled inadvertently, unintentionally for which the same parties might have executed another document for the same purpose.

An application for the refund of stamp duty should be filed by the person /institution / company in whose name the stamp duty amount has been paid, or the persons legally empowered by them.

The application for refund of stamp duty should be submitted to the Collector of Stamps.

The time limit for submitting refund of stamp duty application in the office of Collector of Stamps is as follows: | S.No. | Type of Stamp Refund Case | Time Limit for application | | 1 | Under Section 48 (1)of Stamps Act, cases regarding executed documents | Within six months from execution | | 2 | Under Proviso to section 48 (1)of Stamps Act, refund against Cancellation of an Agreement for Sale | Within two years of date of registered cancellation of document | | 3 | In cases of replacement of a document by other document | Within six months of date of replacement of a document | | 4 | In other cases | Within six months of purchase of stamp |

Yes, As per Section 50 of the Stamps Act ,1977 Svt, refund is admissible in such cases for following reasons: - If a stamp of description other than the one prescribed in the Act, is used inadvertently (e.g. judicial stamp sued against non-judicial stamp) - If Stamps of higher amount are used rather than the required, inadvertently. - If inadvertently stamp duty is paid to a document not requiring stamp duty.

While deciding the case of refund of stamp duty the Collector of Stamps verifies the following things: - Is the token number of online submission of information, is attached with the application? - Are the original stamps which are subject of refund, enclosed with the refund application for cancellation? - What is the purpose of the applicant for the purchase of such stamps? - Had the entire amount for stamp duty being paid by applicant himself? - Are such stamps submitted for refund, within the prescribed time limit? - Whether the stamped document which is the subject of refund, has been used elsewhere prior to making of refund application? - Whether he is satisfied with the reasons given for refund?

Yes, some amount is deducted while making refund of Stamp duty, which is as follows: - For stamps falling in the category of e-payment (simple receipt / e-challan and eSBTR) percent amount is deducted with the minimum of Rs. 200/- and a maximum of Rs. 1000. - For category stamps other than mentioned above a deduction of 10 % is made.

Yes, subject to the procedure mentioned in section 28-A of the Jammu and Kashmir Agrarian Reforms Act, 1976 as amended in terms of SO-3808(E) of 2020 dated:26-10-2020.

The stamp duty chargeable as per Stamp Act, 1977 is 7% in case of male, 3% in case of female and 5% in case of couple.

Every sub registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such sub registrar is situate. i. Every Registrar shall have the authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any sub registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.

Yes, you can mail your grievances on our email ID- [ ](mailto:Igr-govt@jk.gov.in) or you can contact us on our landline numbers on all working days between 09:30 AM to 05:30PM. Landline numbers:- 0191-2456100 0194-357911

A testamentary document is a Last Will and Testament or some other document that meets the statutory requirements of a will. A testamentary trust is one that is set forth in a will and may continue long after the death of the testator. Many wealthy testators maintain control over their property after death through testamentary trusts. Non-testamentary documents would be documents that are not related to a Last Will and Testament.