OFFICE OF INSPECTOR GENERAL OF

REGISTRATION
DEPARTMENT OF REVENUE
GOVERNMENT OF NCT OF DELHI
05, SHAM NATH MARG, CIVIL LINES, DELHI
110054.

No.F.1(92)/Regn.Br./Div.Comm./Ha/2012 6I12 Dated: 0 202

CIRCULAR
Sub: GUIDELINES ISSUED UNDER SECTION 69 OF INDIAN REGISTRATION ACT FOR
COMPLIANCE BY ALL SUB REGISTRAR
OFFICES.
In order to
provide effective and efficient
smooth registration services to the
public and ensure
functioning of the registration process, following
suppression of guidelines dated guidelines are issued for compliance in
12/11/2014 by all the Sub Registrar Offices.
. All the Sub
Registrars are hereby directed to ensure strict
provisions of the compliance of all the
Registration Act, 1908 and Indian Stamp Act, 1899 and other related
statutes and circular/ order
issued by the Revenue
connection with Department from time to time in
registration of documents.
2. PRESENTATION OF DOCUMENT:

a Documents of which registration is compulsory

(Section 17 and 17-A of the
Registration Act, 1908)-Section 17 of the
instruments whose registration is
Registration Act, 1908 lays the
Sale Deed, Gift Deed, Partition
compulsory which covers documents such as
Deed, Mortgage Deed, Lease Deed for term
exceeding one year and other non-testamentary
instruments which purport or
operate to create, declare, assign, limit or
extinguish, whether in present or in
future, any right, title or interest, whether vested
of one hundred
or
contingent, of the value
rupees and upwards, to or in immovable
property.
b) Documents of which
registration is optional (Section 18 of the
Registration
Act, 1908)-Section 18 of the Registration Act 1908 lays the instruments
whose
registration optional which covers documents such as Will,
is
General Power of
Attorney (GPA), Lease Deed for term of less than one
year and other non-
testamentary instruments which purport or
operate to create, declare, assign,
limit or extinguish, whether in
present or in future, any right, title or
whether vested or contingent, of the value of interest,
less than one hundred
to or in immovable rupees,
property.

c) Original photographs of the parties are

pasted not only on the original
document but also on the second copy of the
document meant for the record
purposes by the office of Sub-Registrar

d) (i) All documents other than Will shall be

presented for registration within 04
(Four) months of its execution (Section 23 of
Registration Act, 1908).
 (i) If the document presented is beyond the
permissible limit the same shall e
referred to the Registrar, who may allow it on payment of fine upto ten
times (Section 25 of Registration Act, 1908). The delay in such cases shall
not be for more than 04 (four) months.

e () The documents covered under Section 17 of the Registration Act and are
compulsory registrable document, then the same shall be presented in the
office of the Sub Registrar, in whose jurisdiction part or whole of the
property is situated.

(i) In other cases (other than 'WILL' and documents covered in (i) above), the
documents shall be presented in the office where the Principal/ Executant
of the instrument resides and,

(iin) In case of Will, the same may be registered in the office of any Sub
Registrar.

1) The Sub-Registrar has to ascertain and evaluate correctly the stamp duty
chargeable on the instrument.

8) Interlineations, alteration, blank, erasure etc. if any appearing in the

instrument is duly attested by the parties or party executing the document.

h) If the subject matter of the instrument is immovable property, such property

must be properly identified in the instrument and the site plan must be
annexed to identify the property.

) In the case of an instrument relating to immovable property the particulars in

form of FormA providing relevant details of the property under transfer shall
be provided inpursuance to Notification No. F.2 (12)/Fin.(F.
1)/Part
File/Vol.14i)/3547 dated 18/07/2007 issued by the then Joint Secretary
(Revenue). This form must be filled and demanded to ensure that property is
not undervalued, and in order to prevent theft of stamp duty by declaring less
market value of the property under transfer.

G) After scrutiny, endorsement by hand or by stamp to the effect that the

"document scrutinized" must be put on the instrument.

(k) The instrument must be "locked" by using user 1.D. and password after the
document is admitted for registration and the endorsement / stamp of
locked' must be put on the instrument.

(0) Identification documents of the executants and witnesses are annexed with

the instrument.

(m) No person other than parties to the document and witnesses shall be allowed
to enter the Sub Registrar office/ premises. No person other than parties shall
be allowed to present the documents or enter into the Sub Registrar Office.
 3. MODE OF INDENTIFICATION OF PARTIES THROUGH AADHAR NUMBER:

AADHAR Number / Enrolment Slip may be demanded to ensure identification of the

parties. in case a person has no AADHAR Card but he is having enrolment Slip, he
should be permitted to avail the services. In case a person does not possess enrolment
slip or an Aadhar Card / Number, he should be asked to apply for the enrollment of
Aadhaar card immediately at the Centre and he provided enrollment slip and after
that he can avall the services
4. ADMISSION OF EXECUTION:

Endorsement of the Sub Registrar must be made that the person executing the
documents has admitted the execution of the instrument and he/ she is fully aware of
the salient features of the contents of the instrument.

5. ISSUE OF CHARGEABLITY OF STAMP DUTY:

All the Sub Registrars are directed to charge stamp duty on the instruments as per
schedule applicable on the date of execution of the instruments.

6. COMPULSORY SIGNING OF ENDORSEMENT:

The Sub-Registrars shall sign the endorsement under Section 52 and 58 of the
Registration Act immediately as and when party (s) concerned submits the instrument
duly executed and the same shall be put without any delay whatsoever i.e. on the
same day.

7. DEFICIENCY MEMO IN CASE OF DISCREPANCY IN THE INSTRUMENT:

if there is any discrepancy in the document presented, the Sub-Registrar shall issue a

system generated deficiency memo through DORIS immediately on the same day and
at the spot to the parties concerned by a speaking order explaining clearly the
deficiency. The document shall not be kept pending for any reason after removal of
deficiency or after the expiry of time period given in the Memo.

8. PROCEDURE TO BE FOLLOWED, IN CASE ANY DISPUTE/O8JECTION RECEIvED 8Y SUB

REGISTRAR

. Whenever the Sub Registrar receives information about any kind of dispute in
respect of any property then the same should be uploaded on DORIS on the
same day of receipt of such information.
Sub-Registrar shall give only an online system generated notice through DORIS
to the concerned party/ parties providing 03 days time to produce any stay
order from competent court of law.

ii. The Sub Registrar shall not keep any document pending on the ground of
complaint made by any party unless there is a stay order granted by Court of
Law to maintain status quo or restraining the transfer of the property.
9. REGULARIZATION AND DELIVERY OF DOCUMENTS

Any document without any Dispute and Discrepancy must be registered latest by the
day after the day of presentation of documents and it must be made sure that delivery
of registered document is done on the same day.

10. EXTENT OF ENQUIRY AS REGARD TITLE

Under the Indian Registration Act, no power has been conferred upon the registering
authority to examine and enquire into the title of the property. The Sub-Registrar is
not entitled to probe-in to the title as mentioned in the instrument in as much as it is
for the parties to examine, ensure and verify the true character and title of the
property as subject matter of the instrument. The Sub-Registrar is to ensure only that
the executant or duly authorized person, admit the execution of the instrument and if

the subject matter of the instrument is immovable property, such property has been

properly identified in the instrument and is necessary the site plan is appended or

annexed separately to identify the immovable property.

11. DOCUMENT PRESENTED THROUGH

ATTORNEY
() The document may be presented in the Office of Sub Registrar for registration
either by the persons executing the same or through agent or representative duly
authorized by Power of Attorney executed and authenticated in accordance to the
manner as laid down in Section 33 of the Registration Act, 1908.

(ii) As the attorney is valid only till the life time of the Executant, the Sub-Registrar
may, if the transaction is being effected through attorney holder, reasonably
satisfy himself that the Executant of the power of attorney is still alive.

12. CLARIFICATION REGARDING POWER OF ATTORNEY:

(i) JURISDICTION FOR REGISTRATION OF POWER OF ATTORNEY

A power of attorney may be executed in the office of Sub-Registrar in whose

jurisdiction the executants/ principal resides irrespective of existence/or place of
immovable property.

(ii) GPA IN NATURE OF SALE.

a) The Sub Registrars should look into the contents of the document presented
for registration in order to ascertain the nature of document and stamp duty
chargeable on the same. It has been noticed that people are presenting the
documents which contain the contents of a Conveyance but, in order to evade
the stamp duty payable, the document is prepared under the title of "General
Power of Attorney".

b) Such kind of practices can be stopped when the Sub Registrars look into the
nature and contents of the document and stamp duty should be levied
accordingly. If the document presented for registration is titled as "General
 Power of Attorney" but its contents contains the following clauses then the
same shall be deemed to be in the nature of
Conveyance and the Sub
Registrar shall refer it to the concerned Collector of
Stamps for adjudication of
adequate stamp duty payable on it (these are some of the indicative clauses
and not the exhaustive list of
factors):
(a) The consideration has been paid for execution of the
Power of Attorney.
(b) The Power of Attorney presented is "irrevocable" in nature.
(c) The Power of Attorney (POA) empower Attorney to sell, gift, exchange
or
permanently alienate the immovable property & the consideration
received thereof is receivable in the name of the executants.

(d The possession of the property has been transferred to the Attorney

through General Power of Attorney.

13. INSTRUMENT UNDER VALUED
HOW TO BE DEALT:

If the
Registering Officer, while registering any instrument transferring any property,
has reason to believe that the value of the
property or the consideration, as the case
may be, has not been truly set forth in the instrument, he
may, after registering such
instrument, refer the same to the Collector for determination of the value or
consideration, as the case may be, and the proper duty payable thereon.
14. IMPOUNDING OF DOCUMENTS
(SECTION 33 OF INDIAN STAMP ACT):
The Sub-Registrar
should not impound the document as a matter of routine and
onlyY
in genuine where the stamp duty chargeable to the instrument is found deficient
cases

that the instrument be impounded that too within the parameters of section 33 of the
Indian Stamp Act.

in these cases, the Sub Registrar on acceptance of document for registration, shall
firstly endorse Section 52 and 58 on the document and only then shall refer the same
to the Collector of Stamps for adjudication of the adequate stamp duty payable on it.

15. FINAL SIGNING THE CERTIFICATE OF REGISTRATION AS PER SECTION 60 OF THE ACT:

According to this Section the Certificate of Registration is to be endorsed after the

provisions of Section 34, 35, 58 and 59 have been complied with. A certificate of
Registration is evidence that the document was duly registered. As soon as the
document is scrutinized and is made complete in all respects and is made as per law,
then the Sub Registrar shall finally issue the Certificate of Registration under Section
60 and sign the same.

16. ON REFUSAL TO REGISTER THE DOCUMENT:

If the Sub-Registrar is of the opinion that the document presented for registration is
against any of the provisions of law or administrative instructions/ order, the Sub
Registrar may refuse to register the document after hearing the parties concerned.
 The refusal order should be a
speaking order recording the reason for refusal and duly
recorded in relevant Book Number. A
copy of the refusal order be also sent to the
Deputy Commissioner of the District, SDM (HQ), Spl. IGR apart from
delivering a copy
to the parties concerned.

17. DOCUMENTS REGISTERED OR REFUSED TO BE PASTED IN BOOKS:

The documents registered or refused registration shall be pasted in the following

books immediately but is not later than 03 days
Book 1 "Register of non-testamentary document relating to immovable
propertyY
Book 2- "Record of reasons for refusal to
register"
Book 3- "Register of Wills and authorities to adopt"; and

Book 4 "Miscellaneous Register"

18. DELIVERY OF DOcUMENTS:

i. The documents shall be delivered strictly between 15:00 to 17:00 hours.

it. It is directed that after registration the document shall be made available
for delivery at delivery counter, on the same day of regularization of
document to the executants or to any representative of executants
carrying original receipt.
ii. The delivery clerk shall affix the stamp in the manner indicated below:

(a) Document delivered on By (Full signature with name

& designation)

The delivery clerk shall maintain a register of delivered document in the

format given below:-

S.No. S.No. of the document Date of To whom

& date of registration delivery delivered

19. PROPERTIES BOOKED BY MCD AS UNAUTHORIZED:

In pursuance of the Order No. F.36/(07)/ Coordn/ Div.Com/07/613-620 dated

13.04.2015 issued by the then Divisional Commissioner, by the Order and in the name
of The Lieutenant Governor of Delhi, mentioning specific direction of Hon'ble High
Court of Delhi in the Writ petition (CWC No. 4582/2003) titled Kalyan Sanstha Social
Welfare Organization & Ors. Vs. UO1 & Ors, The Sub-Registrars will use the details of all
booked properties provided by the Municipal Corporation of Delhi and it shall be the
duty of the Sub-Registrar to mention the details of the fact that the building is unsafe
or has unauthorized construction at the time of registration of transactions relating to
immovable property

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 That the registration of transactions relating to immovable property shall not debar
any action to enforce provisions of any law, including prevailing building byelaws/
structural safety norms, and that timely action against unauthorized construction/
unsafe buildings shall be taken by the law enforcement agencies/ authorities
concerned as per law.

20. CLARIFICATION AS REGARD JUDGMENT OF THE SUPREME COURT IN SURAJ LAMP &
INDUSTRIES VS. STATE OF HARYANA/ AGREEMENT TO SELL:

0) The aforesaid judgment has no where questioned the power /jurisdiction/

duties of the Sub-Registrar in respect of registration of document whether in
the past or in future.

(n) in case of lease hold properties, the Hon'ble Court clearly held that such type bf
property can be transferred through assignment of lease which is also
compulsory registrable document under section 17 of the Indian Registration
Act chargeable to duty as per the Schedule-1A of the Stamp Act.

It is clarified to all the Sub Registrar that under section 17 (1-A) of the Registration
Act, the documents containing contract to transfer for consideration any
immovable property is compulsory registrable document if having been executed
after the commencement of Registration (Amendment) Act, 2001 (w.e.f.
24/09/2001). An agreement to sell in respect of immovable property is covered
under section 17 (1-A) of the Registration Act and is a valid document to be
registered if so desired by the parties and as such all these documents cannot be
refused by Sub Registrar
21. BUILDER BUYER AGREEMENT OR coLLABORATION AGREEMENT:

In case of developer or collaboration agreement, the owner transfers his property

for development / construction to the builder against consideration and hence,
such documents are compulsory registerable under section 17 (1-A) of the
Registration Act chargeable to stamp duty under article 23A of the Indian Stamp
Act. The same principle applies in case of builder buyer agreement also, in which
possession is handed over against consideration and such the Sub Registrars are
bound to register such documents, when presented.

22. MONITORING OF wORK OF SUB-REGISTRAR OFFICES

The concerned DM/ Registrar shall monitor the activities of Sub-Registrar offices
and shall scrutinize the registration of documents, through system generated
reports and by conducting periodic inspections of the Sub-Registrar offices by
himself/ herself or through authorized official.

23. PERIODIC INSPECTIONS OF THE SUB-REGISTRAR OFFICEs

Timely and Hassle free registration of Documents in Sub-Registrar offices, is a key

factor to improve Ranking in Ease of Doing Business (E.o.D.B) index. In pursuance
of this a circular vide number F. 1/2364 /Regn. Br. /Div.Comm. /HQ/ R/ 2019 /
Pt.File-1l1/5247 dated 11.01.2021 was issued, for timely registration and delivery of
the documents on the same day.
 ACCordingly. to monitor the same and to ensure the transparency in the
process of
Registration of documents, periodic inspections of the Sub-Registrar Offices shll
be done by the Concerned District
Magistrate/Registrar or by any officer deputed/
authorized by the District Magistrate/Registrar. They must inspect the following:
Number of documents presented on any particular day, number of
documents delivered in time bound manner.
Reason for the pendency of any document
beyond prescribed time limit,
shall be strictly
monitored. For this, the day of presentation of
the
documents i.e. the day of appointment to Sub
Registrar offices till the
succeeding working day shall be taken into consideration.
i. Stamp duty collected by the Sub-Registrar on various documents shall be
checked in order to find undervalued and miscategorized documents.
V. That undervalued documents are
duly impounded and sent to the Collector
ofStamps for recovery of stamp duty.
V. Arbitrary refusal of registrations of documents, if any.
That no manual Deficiency Memo is issued.
vii. That no middle men/ unauthorized person is present in Sub- Registrar
Office. For this CCTV recording should be checked
thoroughly.
vii. Any other discrepancy noticed by the inspecting officer.

IX, Any other violation of relevant

acts/orders/circulars issued by competent
authority.

The inspecting officer shall submit his report to the concerned Registrar, and the
concerned Registrar shall submit a consolidated
monthly report to Inspector
General of Registration with his/her comments
through Special IGR (HQ).
24. PERIODIC INSPECTIONS OF THE
SUB-REGISTRAR OFFICES AT THE REVENUE HEAD
QUARTER LEVEL

In order to conduct periodic inspection of Sub-Registrar offices, suitable number of

teams would be formed under the SDM, availability at Head Quarter. Each team
would be entrusted to carry out thorough inspection of atleast 02 Sub-Registrar
Offices every month. Support staff for their assistance during such inspections
would be given from Head Quarters. The whole process of selection of
Registrar to be inspected would be conducted by Special IGR, Head Quarter.
Sub

A monthly report of inspection is to be submitted by each SDM to the Inspector

General of Registration through Special 1GR (Ha).

SANJEEVIGRLA
KHIN
No.F.1(92)/Regn.Br./Div.Comm./HQ/R/2012 612 Dated: 26 o2
Copy for information & necessary action to:

1. All District Magistrates/Registrars, Delhi/ New Delhi.

2. All Additional District Magistrates, Delhi/ New Delhi.
3. All SDM's/ COS's, Delhi/ New Delhi.
4. All Sub Registrars, Delhi/ New Delhi.
 SrSystem Analyst with the request to upload the same on the
today itself for all concerned. departmental website
6. P.S. to Pr. Secretary
7. P.A. to Special 1.G.R.
(Revenue)-cum-Divisional Commissioner, GNCTD.
(Revenue), Delhi.
8. Guard File.

RAJESH CHOUDHARY
S.D.M (HQ)/ C.O.S

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