Registering property-related documents is legally mandated and crucial for establishing clear ownership, providing public notice, and ensuring legal protection for all parties involved in transactions.
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Greetings,
why are documents registered? When
we buy or sell property,
as well as when we conduct any kind of transactions related to property, we
write the documents on stamp paper and register them.
That is the
question of why. Today's topic is whether it is
better to register it or not. Such
questions are examined today by This Is
start with the Party Made Law that we discussed in the last video.
What is a party made law? The
contracts we make between individuals,
property transfers, rental agreements,
guarantees, bonds, mortgages, and sale agreements we make with banks are all
party-made
laws. The law states that contracts made between individuals must be
registered with the office of the sub-registrar, even if they are related to immovable property, even if it is worth more than Rs. 1000.
Here, we are talking about
immovable property. When we say immovable property, we mean
property such as institutional property, landed property, and that is
institutional property or immovable
property. The law states that transactions related to this immovable
property must be registered
registered .
.
We know that the 2025 Registration Act has not come into effect. Section 17 of the
current Registration Act of 1908
deals with the documents that need to be registered compulsorily. The
first thing it says is about gifts.
If we mean gifts, then gifts are a form of financial settlement.
We know that stamp duty is less for gifts given to children.
The law says that we can earn rent and revenue from land. For this,
we can create rights, titles,
interest charges and other things on that land
. To establish these rights, ownership,
right of enjoyment, and liability on the property, a
clear document
must be prepared, executed, and registered.
Money is usually given in exchange for the transfer of such rights. When it is
written and added to these deeds, it
becomes a receipt. The
receipt for the transfer of money should also be
registered in the same way. Rights obtained through court decree should be
registered, whether it is revenue sales or court sales. It has been
said that rent and revenue will be received from the land. In
order to receive that rent and revenue, the property is given to someone else. So, the
transfer is made according to a lease deed.
Use it near the lease. Rent and
revenue should be paid annually. So, if the land
is taken on lease or rent, if it is for more than
a year, then a
contract must be written and registered. Even if it is
less than a year, the
new model
tenancy act says that such agreements should be registered. However, it has not come into
force here in Kerala.
Unregistered deeds are called unregistered deeds.
Such deeds
cannot convey the right title, interest, charge, etc. mentioned earlier. The
law also states that
courts will not accept any unregistered deeds as evidence. It can be generally
generally
said that no documents produced against public policy
can be accepted as evidence. What is the reason for making this registration so
mandatory? One is that the
government receives stamp duty and
registration fees. Apart from that,
a very important fact is that
registration is done
for the sake of notice. What is notice? If we
say notice, we can say that it is to bring to the attention of the information.
Everyone should be aware of the rights, interests, charges, etc. created in an immovable property.
Anyone interested in that property should be able to inspect it. There should
be a specific provision for that.
That is why it is registered.
For example, in a family,
a father has two children, a son and
a daughter. The father
gives the property in his name only to his son. If it is
registered, the daughter can get a
copy of that information from the sub-registrar's office.
That's what notice is
. Don't you
remember that the High Court said that notice must be given to the heirs when a will is executed?
That's an opportunity for the parties to raise any disputes. It is a notice
. There are three types of notices.
One is the actual notice. Two
constructive notices. Three notices
to the agent in this Registration of
Documents is known as Constructive Notice. The
moment the document is registered, it
becomes a public document. We can take a
copy, check it, and
raise a dispute. But we are
sitting idly by without doing any of this. Then
that indifference is called by the law. Constructive Notice is sitting as if we have not seen
it. Notices are published in the Gazette, advertised on the office notice board, etc. Constructive Notices are also newspaper advertisements. Whether we see it or not, the law will consider us to have seen it. If we have a
dispute about that notice, we must raise a
dispute within three years,
otherwise our right to
raise a dispute against that transaction will be
lost forever. The
law says that a sleeping person does not have to give any rights. Let
him sleep. When we
buy a property, we should check and make sure that
all the legal aspects and facts about that property are
checked and made sure. The
buyer looks at the caveat. Even if a
fault or
deficiency is found after the purchase, the opportunity to say it has been
lost. That is why the
law requires the buyer to conduct an investigation.
Some will say that this is the
job of the sub-registrar to check the enclosing certificate, the preliminary documents, the copied property, the liabilities and rights. Isn't this the job of the sub-registrar? The
sub-registrar has no special interest in interfering in the work we do with our money. Even if a case or
dispute arises later, the
sub-registrar has nothing to do with it. That is why
the High Court said in the K Gopi case that the sub-registrar has no authority to check the preliminary documents. The person who has the authority to check the preliminary documents is the
buyer. If you go ahead without checking this,
it is called wilful abstention from making an inquiry. There is no compensation for it in the
law. Even if you
go to seek a solution later, you will not be given legal protection. The law protects
only those who proceed with utmost care.
In other words, it is extremely dangerous to proceed without checking
a document registered under the law.
They
do not get the protection of the law, but if it is an
unregistered deed, there
will be no notice for it. So no
one would know that such a document exists.
The holder of an unregistered deed does
not have the protection of constructive notice because no one knows about it. That's why it's said that
registering all deeds is safe
. If you ask whether deeds registered in another location will
receive this protection, the
answer is no. But even if it
is registered in another district, the file
file
will be sent to the sub-district where the property is located. Constructive notice of
that registration begins from the date it is sent
. From that point on,
a bonafide purchaser is
obligated to have the deed inspected. When we
buy something, we buy it
from acquaintances or relatives
. Don't ignore
its registered documents for these reasons
. If that comes to our
detriment later, we
may not be able to approach the court. We are seeing
one of our properties being occupied by someone else
. Thus, there
is no agreement or lease deed to hold it. Just
keeping it is also dangerous.
Proper conditions for possession of property should be
prepared, registered, and
possession of properties should only be handed over in accordance with the law. Otherwise,
handing it over could result in
us losing ownership of that property later .
.
Section 107 of the Transfer of Property Act states what to keep in mind when leasing out a property, and we
will explain this in another video.
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