09 october 2013 3.00 pm

updates

Registration

Registration of Sale Deed

  1. The Registration Clerk (RC) shall be the first point contact for registration of Sale Deeds
  2. The following documents shall be presented before the RC by the Seller/Buyer
    1. Two Copies of Sale Deed fully filled and duly signed by the Seller
    2. Spot Verification Report from the Amin concerned
    3. Attested copy of Parcha of the land being sold
    4. Attested copy SSC/COI/ICC of both the Buyer and Seller
  3. The RC on receipt of the above mentioned documents shall initiate a note on the subject and forward it to the Revenue Officer (RO) for verification of the land ownership and spot verification report.
  4. The RO on receipt of the note from the RC shall forthwith verify the ownership of the land being sold from the computerized land records and also see whether there is any encumbrance recorded against the sale of the land. He shall accordingly put up his comments in the note and return it to the RC. The RO shall also calculate the Government Value of the land being sold and mention in his note.
  5. The RC on receipt of the verification from the RO shall cross check the ownership details with the details of the Seller and if found in order and if there are no encumbrances to the sale, shall make necessary entries in the Registration Software, generate the acknowledgement and hand over the same to the Presenter. In case there is an encumbrance, the registration shall not proceed further till an enquiry is done by the SDM.
  6. The RC shall then forward the case for approval of the SDM to issue Notice. The SDM shall verify the documents presented before him/her and after fully satisfying that the sale/purchase is permissible within the existing laws of the land shall approve the issue of Notice both in the Computer and in the file.
  7. Upon the approval of the SDM to issue Notice, the RC shall then print out the required number of Notices. The Notices for the following persons/authorities can be handed over to the Presenter:
    1. Gram Panchayat
    2. Family Members
    3. Boundary Holders
    4. DFO/Territorial (When the land being sold shares a boundary with Forest area)
  8. The RC shall then compile all the relevant papers and place them in a file serially. The RC shall be responsible for the safe custody of all the papers submitted by the Seller/Buyer. The Notices issued shall be recorded in a Notice Register serially and the Sl.No. upon the date issued shall be marked on the Office Copy of the Notice. The Register shall be closed daily after compiling and filing the Notices issued for the day serially.
  9. On the expiry of one month, the Seller and Buyer should be present in person along with the NOCs/Recommendation from the following persons/authorities normally:
    1. Gram Panchayat
    2. Family Members
    3. Boundary Holders
    4. DFO/Territorial (When the land being sold shares a boundary with Forest area)
  10. The Presenter shall submit the Stamps and Bank Challan for the Stamp Duty and Registration fee respectively, as per the prevailing Government Notification. The Original Parcha of the land being sold, Bank Receipt for Mutation and Affidavits sworn by both the Seller and Buyer shall be submitted.
  11. The RC shall retrieve the concerned file of the Presenter, verify the NOCs obtained and the Stamps/Challans submitted. He shall see to it that NOC has been obtained from all the family members as mentioned in the affidavit. If everything is found in order the RC shall then put up the case along with all the relevant papers to the SDM for approval.
  12. The SDM shall thoroughly check whether all the required papers have been submitted and procedures have been followed and then approve the registration. In case the registration requires the approval of the Government, a detailed note shall be put up to the District Collector for onward forwarding of the case to the Land Revenue Department.
  13. The RC shall then capture the images of the Seller/Buyer and proceed to print the registration particulars on the reverse of the Sale Deed. He shall then obtain the signatures of the Buyer, Seller and Witnesses. It shall then be sent to the SDM for the final approval and signature.
  14. The copy of the stamped registered Sale Deed shall be handed over to the Presenter after obtaining his/her signature in the Receipt Register as a proof of receipt. While handing over the Registered Sale Deed to the Presenter, the RC shall also hand over an Application for Mutation along with the Bank Receipt and the Original Parcha and advise the Presenter to approach the Revenue Officer to mutate the land that has been sold/purchased.
  15. All the papers shall then be compiled, stapled and filed properly and serially.
  16. The RC shall reconcile the compiled papers on a daily basis with the Receipt Register. The Receipt Register shall be submitted to the SDM for counter-signature at the end of the week along with a summary of Total Sale Deeds registered during the week. At the end of the month, it shall be submitted to the DC for counter-signature, along with a summary of Total Sale Deeds registered during the month.
  17. Similarly at the end of every month, the sale deeds and the accompanying documents shall be compiled together and handed over to the Scanning Assistant for scanning of the papers. After the completion of scanning, the documents shall be kept in the Store Room month-wise. A list of all the Sale Deeds for the month shall be pasted on the outer cover of the file for later reference and easy retrieval.
  18. Where the property being sold is a Joint Property, all the joint land owners should execute the sale deed, swear affidavit and sign on the reverse of the Sale Deed, unless a Power of Attorney has been given to one of them by the others.
  19. Where a property is being sold on the basis of a Power of Attorney, the Power of Attorney should have already been registered. The SDM shall also ensure that Executor of the Power of Attorney is still alive and he/she has given power to the attorney in respect of the land that is being sold/purchased. The Attorney can be asked to swear an affidavit stating that the Executor is still alive.

Registration of Mortgage Deeds

  1. The RC shall be the first point of contact for registration of Mortgage Deeds
  2. The Mortgage Deeds duly signed by the Mortgagor (Property Owner) and the Mortgagee (Bank/Financial Institution/Lender) shall be presented by the Mortgagor in person, before the RC along with the following documents:
    1. Original Parcha of the Land being mortgaged
    2. Attested copy of Photo ID Proof of the Mortgagor
    3. NOC from Family Members
    4. Bank Challan
  3. The particulars of the property being mortgaged shall be invariably mentioned in the Mortgage Deed. If these particulars are not mentioned, the RC shall not accept the Mortgage Deed for registration and advise the Mortgagor to fill up the property details in the Deed
  4. Upon receipt of the duly filled and signed Mortgage Deed and supporting documents as mentioned above, the RC shall put up a note to the Revenue Officer requesting him to verify the ownership details of the land being mortgaged.
  5. The Revenue Officer, upon receipt of the Note from RC, shall verify the ownership of the land and also see whether the land being mortgaged is free of all encumbrances and put up his comments accordingly and send the file back to RC.
  6. The RC shall, if all papers are found in order, proceed to enter the mortgage details in the Registration Software, generate an acknowledgement and hand over to the Mortgagor. He shall then forward the case to the SDM for approval.
  7. The SDM, after ensuring that all the papers are in order, may approve the registration of the Mortgage and send back the file to the RC
  8. After obtaining the approval of the SDM, the RC shall proceed with the registration, print the registration particulars on the reverse of the Mortgage Deed and obtain the signatures of the parties along with Witnesses. He shall then forward the file to RO for recording the Mortgage Details in the Land Records and generate a new Parcha with the details of Mortgage. The Mortgage Deed with the fresh Parcha is put to the SDM for signature.
  9. The main copy of the stamped registered Mortgage Deed and the fresh Parcha recorded with the particulars of the Mortgage should be handed over to the applicant and the office copy along with the supporting documents should be compiled together, stapled and kept in file serially.
  10. The RC shall obtain the signature of the applicant in the Receipt Register while handing over the registered Deed and Parcha. The Receipt Register shall be closed by the RC on a daily basis. The Register shall be put up to the SDM for countersignature at the end of the week and to the DC at the end of the month, with a Summary of Total Mortgages registered for the week and month respectively. At the month end, all the deeds and related papers shall be compiled and bundled together and kept in the Store Room with proper labeling.
  11. The above procedure would be applicable for Mortgage of Flat also, wherein the details of the Mortgage shall be entered at the Remarks Column of the Khatiyan, in specific to the Flat that is being mortgaged.

Registration of Lease Deed

  1. The Registration Clerk (RC) shall be the first point contact for registration of Lease Deeds
  2. The following documents shall be presented before the RC by the Lessor/Lessee
    1. Two Copies of Lease Deed duly signed by the Lessor & Lessee
    2. Spot Verification Report from the Amin concerned
    3. Attested copy of Parcha of the land being leased
    4. SSC/COI/ICC of both the Lessor & Lessee
  3. The RC on receipt of the above mentioned documents shall initiate a note on the subject and forward it to the Revenue Officer (RO) for verification of the land ownership and spot verification report.
  4. The RO on receipt of the note from the RC shall forthwith verify the ownership of the land being leased out from the computerized land records and also see whether there is any encumbrance recorded in respect of the land. He shall accordingly put up his comments in the note and return it to the RC. The RO shall also calculate the Government Value of the land being leased and mention in his note.
  5. The RC on receipt of the verification from the RO shall cross check the ownership details with the details of the Lessor and if found in order and if there are no encumbrances to the Lease, shall make necessary entries in the Registration Software, generate the acknowledgement and hand over the same to the Presenter. In case there in encumbrance, the registration shall not proceed further till an enquiry is done by the SDM.
  6. The RC shall then forward the case for approval of the SDM to issue notice. The SDM shall verify the documents presented before him/her and after fully satisfying that the Lease is permissible within the existing laws of the land shall approve the issue of Notice.
  7. Upon the approval of the SDM to issue Notice, the RC shall then print out the required number of Notices. The Notices for the following persons/authorities can be handed over to the Presenter:
    1. Gram Panchayat
    2. Family Members
    3. Boundary Holders
    4. DFO/Territorial (When the land being sold shares a boundary with Forest area)
  8. The RC shall then compile all the relevant papers and place them in a file serially. The RC shall be responsible for the safe custody of all the papers submitted by the Lessor/Lessee. The Notices issued shall be recorded in a Notice Register serially and the Sl.No. upon the date issued shall be marked on the Office Copy of the Notice. The Register shall be closed daily after compiling and filing the Notices issued for the day serially.
  9. On the expiry of one month, the Lessor/Lessee would turn up for registration with the NOCs/Recommendations from the following persons/authorities normally:
    1. Gram Panchayat
    2. Family Members
    3. Boundary Holders
    4. DFO/Territorial (When the land being sold shares a boundary with Forest area)
  10. The Presenter shall submit the Stamps and Bank Challan for the Stamp Duty and Registration fee respectively, as per the prevailing Government Notification. The Original Parcha of the land being leased, Bank Receipt for Mutation and Affidavits sworn by both the Seller and Buyer shall be submitted.
  11. The RC shall retrieve the concerned file of the Presenter, verify the NOCs obtained and the Stamps/Challans submitted. He shall see to it that NOC has been obtained from all the family members as mentioned in the affidavit. If everything is found in order the RC shall then put up the case along with all the relevant papers to the SDM for approval.
  12. The SDM shall thoroughly check whether all the required papers have been submitted and procedures have been followed and then approve the registration. In case the registration requires the approval of the Government, a detailed note shall be put up to the District Collector for onward forwarding of the case to the Land Revenue Department
  13. The RC shall then capture the images of the Lessor/Lessee and proceed to print the registration particulars on the reverse of the Lease Deed. He shall then obtain the signatures of the Lessor, Lessee and Witnesses. It shall then be sent to the SDM for the final approval and signature.
  14. One copy of the registered Lease Deed shall be handed over to the Presenter after obtaining his/her signature in the Receipt Register as a proof of receipt.
  15. All the papers shall then be compiled, stapled and filed properly and serially.
  16. The RC shall reconcile the compiled papers on a daily basis with the Receipt Register. The Receipt Register shall be submitted to the SDM for counter-signature at the end of the week along with a summary of Total Lease Deeds registered during the week. At the end of the month, it shall be submitted to the DC for counter-signature, along with a summary of Total Lease Deeds registered during the month.
  17. Similarly at the end of every month, the Lease deeds and the accompanying documents shall be compiled together and handed over to the Scanning Assistant for scanning of the papers. After the completion of scanning, the documents shall be kept in the Store Room month-wise. A list of all the Lease Deeds for the month shall be pasted on the outer cover of the file for later reference and easy retrieval.
  18. Where the property being sold is a Joint Property, all the joint land owners should execute the sale deed, swear affidavit and sign on the reverse of the Sale Deed, unless a Power of Attorney has been given to one of them by the others.
  19. Where a property is being sold on the basis of a Power of Attorney, the Power of Attorney should have already been registered. The SDM shall also ensure that Executor of the Power of Attorney is still alive and he/she has given power to the attorney in respect of the land that is being sold/purchased. The Attorney can be asked to swear an affidavit stating that the Executor is still alive.

Registration of Will

  1. The RC shall be the first point of contact for registration of Wills
  2. The following documents shall be presented before the RC by the Depositor along with an application in a prescribed format
    1. Sealed Cover containing the Will, with the name of the Depositor, his/her address and nature of Instrument written on the Cover
    2. Any Official Photo Identity Proof of the depositor (Preferably SSC/COI/ICC/Voter Card)
    3. One Passport Size Photograph
    4. Bank Receipt/Challan
  3. The RC on receipt of the sealed cover shall first verify the identity of the depositor from the Photo Identity Proof submitted by the depositor.
  4. If the RC is satisfied with the identity of the depositor, he/she shall enter the receipt of such sealed cover in the ‘Register of Wills’ and the photograph of the depositor shall be pasted in the Register. He shall then enter the particulars in the Computer and forward the case for the approval of the SDM.
  5. The SDM shall verify the papers submitted and everything is found in order shall approve the registration. The registration particulars shall be printed on the reverse of the application, signature of the depositor and witnesses taken and then sent to the SDM for signature, after which a copy is given to the applicant after obtaining his/her signature in the Register of Wills. The Sealed cover shall then be kept under lock and key, in safe custody of the SDM
  6. A Depositor can apply for the withdrawal of a Registered Will during his life time. Such applications shall be processed and put up to the District Collector by the SDM. The District Collector shall forward the case to the Government through the Land Revenue Department for obtaining approval of the Government. After obtaining the approval, the SDM may allow the Depositor to withdraw the Will. Proper entries in the Register shall be made regarding the withdrawal of the Will and the signature of the Depositor shall be obtained as proof of the withdrawal.
  7. Upon the death of a Depositor, any person may apply for opening the Will registered by the Depositor. Such applicants shall be asked by the SDM to approach the appropriate Court of Law and obtain a Probate for opening the Will
  8. Where a Court of Law asks the SDM to forward the Original Will, the SDM shall hand over the Sealed Cover to the Court and take proper receipts of the same. Suitable remarks shall be entered in the Register regarding handing over of the Will to the Court. In such cases, the SDM should request the Court to return back the Original Will after the completion of the Case, for re-depositing the Will, as per Rule 15 of the Registration of Documents Rules, 1930.
  9. The SDM shall conduct a Quarterly Reconciliation of the Register of Wills with the Sealed Covers to ensure that the Sealed Covers are safe and secure.

Registration of Firms

  1. The RC shall be the first point of contact for registration of Firms
  2. The applicant shall submit an application with the following enclosures:
    1. Particulars of the Firm and the Proprietor in the prescribed Format (Two Copies)
    2. Attested copy of SSC/COI/ICC/Voters ID Card
    3. Attested copy of Valid Trade License
    4. Bank Receipt
  3. On receipt of the above documents, the RC shall scrutinize the papers thoroughly and if everything is found in order shall enter the particulars in the Computer and forward the case to the SDM for approval.
  4. The SDM shall also scrutinize the documents and if everything is found to be in order shall approve the registration of the Firm
  5. Upon approval of the SDM, the RC shall print the registration particulars on the reverse of the Firm Registration Document, obtain the signature of the applicant and witness and forward it to the SDM for signature. After the SDM signs the papers, the RC shall hand over one copy to the applicant after obtaining his signature in the Receipt Register.
  6. The Receipt Register shall be closed by the RC on a daily basis and shall be put up to the SDM for countersignature at the end of the week and to the DC at the end of the month, with a Summary of Total No. of Firms registered for the week and month respectively. At the month end, all the Registered Documents and related papers shall be compiled and bundled together and kept in the Store Room with proper labeling.

Registration of Agreements

  1. The RC shall be the first point of contact for registration of Agreements
  2. The applicant(s) shall submit minimum two copies of the Agreement with the following enclosures:
    1. Attested copy of Photo ID of all the parties to the Agreement
    2. Bank Receipt
  3. On receipt of the above documents, the RC shall scrutinize the papers thoroughly and if everything is found in order shall enter the particulars in the Computer and forward the case to the SDM for approval.
  4. The SDM shall also scrutinize the documents and if everything is found to be in order shall forward the case to the DC for approval.
  5. Upon approval of the DC, the SDM shall approve the registration in the computer and send the file back to the RC.
  6. The above mentioned procedure would be applicable for registration of Power of Attorney, Partition Deed and Partnership Agreements also.

Registration of Adoption Deed

  1. The RC shall be the first point of contact for registration of Adoption Deed
  2. The applicant (the person who wishes to adopt a child) shall submit two copies of the Adoption Deed with the following enclosures:
    1. Attested copy of SSC/COI/ICC/Voters ID Card of the applicant
    2. Proof of residence of the applicant
    3. Recommendation from the Ward Panchayat/Councilor/Area MLA
    4. NOC of the biological parents of the child being adopted (If they are alive)
    5. Affidavit of the applicant (in case the child is an orphan)
    6. Citizenship Proof of the child being adopted
    7. Bank Receipt
  3. On receipt of the above documents, the RC shall scrutinize the papers thoroughly and if everything is found in order shall enter the particulars in the Computer. He shall then forward the case to the Police for Character and Antecedent Verification of the applicant. On receipt of the clearance from the Police, the case shall be forwarded to the SDM for approval. Wherever the child adopted is a girl child, a male cannot adopt the child unless he is married and his wife is also a signatory to the Adoption Deed
  4. The SDM shall also scrutinize the documents and if everything is found to be in order shall forward the file to the District Collector, who shall then verify and forward the file to the Secretary, Land Revenue, for obtaining the approval of the Government.
  5. On receipt of the approval from the Government, the SDM shall approve the case in the computer, after which the RC shall print the registration particulars on the reverse of the Adoption Deed, obtain the signature of the applicant along with witness and put up to the SDM for signature. The RC shall then hand over one copy to the applicant after obtaining his signature in the Receipt Register.
  6. The Receipt Register shall be closed by the RC on a daily basis and shall be put up to the SDM for countersignature at the end of the week and to the DC at the end of the month, with a Summary of Total No. of Adoption Deeds registered for the week and month respectively. At the month end, all the Registered Adoption Deeds and related papers shall be compiled and bundled together and kept in the Store Room with proper labeling.
  7. The same procedure shall be followed for registration of Trusts. Police Verification shall be done for all the Trustees.