Can transfer of property be done without link document
MSC Shekar
(Querist) 22 November 2013
This query is : Resolved
Absence of LINK DOCUMENTS IN ANY DOCUMENT FOR REGISTRATION for Transfer of property invalidates the Transfer Document As per a sub registrar
Every sub registrar of any Registration Department primarily checks the link Documents before registration.
Hence my query is can we effect a Document for transfer any property without link documents ? Is the sub Registrar correct in saying that unless link documents checked a document for transfer of property can be accepted for Registration?
Thanks in advance
arunprakaash.m.
(Expert) 22 November 2013
Sub registrar is not concerned and or authorised to verify link documents. He is empowered to verify errors and omission and oblitration in the document presented to him. thats all
BAALASUBRAMANNYAMM
(Expert) 22 November 2013
Plz. go through the same:-
One must know that the Transfer of Property Act and other civil laws in India
keep the onus on the purchaser/beneficiary under the document to take all the
responsibility of verification of the title, ownership, possession of property. It is not
the responsibility of the Registering Officer or Registration Department to check all
these aspects. The role of the Registrar or the Department is very limited in these
aspects. The Registrar is empowered to verify certain issues but such power is limited
and he cannot undertake roving enquiries. Therefore, it is the purchaser who must
take all steps and precautions to record all the recitals/covenants properly pertaining
to the transaction in the document; and get it registered as per the provisions of
Registration Act, 1908. The mistakes in documentation may result in civil disputes
and the parties have to undergo mental and physical strain besides incurring financial
loss. “A stitch in time saves nine” is an apt phrase for documentation. Document is
the final product of the transaction. The intent and objects of the transaction which
may be part of mental design will go waste if you could not record properly the same
by using proper and appropriate language/recitals in the document.
Devajyoti Barman
(Expert) 22 November 2013
Link deed is not checked in several states like WB for registration.
