Notarisation/Registration - Difference
Adv. Deepak
(Querist) 17 February 2010
This query is : Resolved
1. What is the difference between notarisation and registration of documents with sub registrar in regard to transfer of property? 2. Can a document which is required to be registered compulsarily, be notarised? 3. Is a document which is required to be compulsarily registered, is not registered and notarised, is such a document required to be subsequently registered? 4. How such a document be registered subsequently? What is the procedure? What will be the stamp duty and registration charges in Maharashtra?
Request for the expert advice and valuable guidance.
niranjan
(Expert) 17 February 2010
Transfer of immoveable property of value of more than 100 rs. is compulsorily registrable with the sub registrar.Such document is prepared on the required stamp paper,registration fees,attested by witnesses, etc. and only such document can transfer title of the property,while notarized document cannot transfer the ownership of the property.
Parveen Kr. Aggarwal
(Expert) 17 February 2010
1. 'Notarisation' of a document is verification, authentication, certification or attestation of any instrument by a Notary appointed under the Notaries Act, 1952 whereas 'Registration' of a document is registration in the office of the Registering Officer appointed under the Registration Act, 1908.
2. Section 49 of the Registration Act provides that no document required by section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall- (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered. As such, a document required to be compulsorily registered is instead notarised, will not be legally enforceable as such.
3. Section 23 of the Registration Act provides that subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution. As such, a document cannot be registered after four months of its execution subject to exceptions.
4. Procedure for registration of a document is provided under the Registration Act and stamp duty will depend on the nature of document and can be verified from the Stamp Act, 1899 and its schedule applicable to the respective state.
