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    Attestation and Registration

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    Harsha Tps
    The document discusses the requirements for valid transfer of title of immovable property under the Transfer of Property Act including execution, attestation, and registration. It explains the purpose of attestation is to verify voluntary execution and resolve any future disputes from the transferor denying the transfer. Attestation requires the signature of at least two witnesses in the presence of the transferor. Registration makes the transfer legally valid and provides constructive notice to future purchasers. It must occur within four months to be valid, and delays require fines. The document also discusses stamp duty requirements for documents to be valid evidence in court.

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    Attestation and Registration

    Uploaded by

    Harsha Tps
    238 views17 pages
    The document discusses the requirements for valid transfer of title of immovable property under the Transfer of Property Act including execution, attestation, and registration. It explains the purpose of attestation is to verify voluntary execution and resolve any future disputes from the transferor denying the transfer. Attestation requires the signature of at least two witnesses in the presence of the transferor. Registration makes the transfer legally valid and provides constructive notice to future purchasers. It must occur within four months to be valid, and delays require fines. The document also discusses stamp duty requirements for documents to be valid evidence in court.

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    The document discusses the requirements for valid transfer of title of immovable property under the Transfer of Property Act including execution, attestation, and registration. It explains the purpose of attestation is to verify voluntary execution and resolve any future disputes from the transferor denying the transfer. Attestation requires the signature of at least two witnesses in the presence of the transferor. Registration makes the transfer legally valid and provides constructive notice to future purchasers. It must occur within four months to be valid, and delays require fines. The document also discusses stamp duty requirements for documents to be valid evidence in court.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    238 views17 pages

    Attestation and Registration

    Uploaded by

    Harsha Tps
    The document discusses the requirements for valid transfer of title of immovable property under the Transfer of Property Act including execution, attestation, and registration. It explains the purpose of attestation is to verify voluntary execution and resolve any future disputes from the transferor denying the transfer. Attestation requires the signature of at least two witnesses in the presence of the transferor. Registration makes the transfer legally valid and provides constructive notice to future purchasers. It must occur within four months to be valid, and delays require fines. The document also discusses stamp duty requirements for documents to be valid evidence in court.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17
    At a glance
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    The key takeaways are that there are three requirements for a valid transfer of title - execution, attestation and registration. Attestation serves to verify the voluntary execution of the transfer deed and prevent denial of the transfer by the transferor. Indian law requires the transferor's presence during attestation and that the witnesses sign after the transferor.

    The three requirements for a valid transfer of title are: (1) execution, (2) attestation, and (3) registration.

    The purpose of attestation is verification of the voluntary execution of the transfer deed in case of doubt or to contradict the transferor in case they deny making the transfer.

    Attestation and

    Registration
    Ajey Sangai

    Conditions for valid


    transfer of title
    Section 123, TP Act. Transfer how effected
    For the purpose of making a gift of immovable
    property, the transfer must be effected by a
    registered instrument signed by or on behalf of the
    donor, and attested by at least two witnesses.
    For the purpose of making a gift of movable property,
    the transfer may be effected either by a registered
    instrument signed as aforesaid or by delivery.
    Such delivery may be made in the same way as
    goods sold may be delivered.
    Three requirements for valid transfer: (i) execution
    (ii) attestation and (iii) registration

    Attestation
    Purpose: verification of the voluntary execution of
    the transfer deed in case of doubt or to contradict
    the transferor in case s/he denies making that
    transfer.
    Difference between the English and the Indian
    Law
    Attestation after personal acknowledgment of the
    transferor
    Whose presence is required in the process of
    attestation?
    Indian Law: Only transferors presence when the
    document is attested not vice a versa.

    Two types of witnesses: (a) Identifying; (b)

    Performa
    IN WITNESS WHEREOF the parties herein have
    affixed their respective signatures to this deed at
    _______________ on this ______________ day of
    ______________ year in presence of the witness:
    WITNESSES:
    1.________________

    ____________
    SELLER

    2.________________
    ____________
    PURCHASER

    Ingredients of Attestation
    (S.3)
    Attestation by two or more witnesses
    Either seen the transferor signing the document or
    someone else on her/his directions.
    If not that, personal acknowledgement of the transferor
    of the valid signature.
    Witnesses must sign the document in the presence of the
    transferor and after the latter has signed the document
    Sant Lal v. Kamala Prasad, AIR 1951 SC 477 (6 witnesses,
    yet invalid)

    Both witnesses are not required at the same time even


    both of them can be dispensed away with (personal
    acknowledgement)
    There is no specific form of the attestation
    Attesting person must be competent to contract
    (although TP Act does not mention so.)

    Who can attest a deed?


    Scribes
    Brij Raj Singh v. Sewak Ram, (1999) 4 SCC 331 (Plaintiff
    received land by a gift defendant (tenant) denied Ps title
    and P filed a suit for the possession of property. Scribes
    signature at 3 places in different capacities: scribe,
    identifying witness and attesting witness.)

    Parties to the transaction v. Parties to the deed


    Kumar Harish Chandra Singh Das v. Bansidhar Mohanty,
    AIR 1965 SC 1738 (One friend wanted to help the other but
    could not ask for security, took help of the third person)

    Any person with Animo Attestandi (Physical act +


    Mental Act (intention to authenticate))
    M.L. Abdul Jabbar v. Venkata Sastri, AIR 1969 SC 1147

    Topic 2

    REGISTRATION

    Compulsory Registration
    Section 17, Registration Act, 1908: Documents of
    which registration is compulsory:
    Instruments of gift of immovable property
    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 or contingent, of the value of
    one hundred rupees and upwards, to or in immovable
    property;
    non-testamentary instruments which acknowledge the
    receipt or payment of any consideration on account of
    the creation, declaration, assignment, limitation or
    extinction of any such right, title or interest;
    Leases of immovable property from year to year, or for
    any term exceeding one year, or reserving a yearly rent.

    Description of Property
    At the end, the transfer deed of an immovable
    property, to be presented for registration, carries a
    schedule of the property in question.
    Section 21, Registration Act states that every
    instrument of non-testamentary transfer of a
    property must provide a description of property
    with details SCHEDULE
    sufficient OF
    to identify
    it.
    THE PROPERTY
    (Conveyed under this deed)
    All the piece and parcel of immovable property (depending on
    the property) bearing No.____________
    Measuring _______________
    Bounded by:On the East :
    On the West :
    On the South :
    On the North :

    Other requirements
    Document/deed needs to be presented for
    registration within 4 months of the execution. (S. 23)
    Delay: If within four months, then the Registrar may
    register the document subject to the payment of fine
    which may extend to 10 times the registration fee.
    Place for registration: with the sub-registrar within
    whose sub-district the property is situated.
    Who shall present the document for registration?
    person(s) executing the document or person(s)
    claiming under them;
    Representatives or assigns of such person
    Agents or representatives duly authorized by the power
    of attorney.

    Registration Fee is fixed by State Government

    Effects of registration
    Section 47: A registered document operates
    retrospectively from the date when the
    transaction was made and not from the date of
    registration.
    Section 48: Registration prevails over the oral
    agreements unless it is accompanied or followed
    by delivery of possession.
    Effects of Non-registration (Section 49):
    Title in the immovable property is not transferred
    Unregistered document is not received as an
    evidence of such transfer.

    In case of deeds relating to land, the registered


    documents prevails over the unregistered
    documents (Section 50)

    Registration as Notice
    What is notice?
    Actual
    Constructive

    Registration acts as a constructive notice.


    [Explanation I, Section 3]
    Transaction required by law to be and has been
    effected by a registered instrument
    Transferee is deemed to have notice of the
    instrument
    From the date of registration only for the subsequent
    transfers.

    All purchasers are under a legal obligation to


    exercise diligence in examining the title recorded
    in the register.

    Part III

    STAMP DUTY

    Introduction
    Stamp Duty is a tax imposed on documents that effect or
    purport to effect creation, modification, extinguishing and
    declaration of any right.
    The documents/instruments without requisite Stamp Duty
    are not allowed as evidence by court.
    Stamp Duty is imposed under Indian Stamp Act, 1899. It
    is paid to the Collector of Stamp appointed by the state
    government.
    All the instruments listed under the Schedule I of the Act
    are liable to be charged with stamp duty (Section 3).
    Transaction comprising of several matters separately
    chargeable: Proper Stamp Duty = Aggregate sum of
    stamp duty levied on each component.
    States have been given power to levy the stamp duty.
    Hence, it varies from one state to another.

    Requirements
    That stamp duty has been paid also needs to be
    mentioned
    in the
    the property
    instrument.
    Market
    value of
    conveyed under this
    deed is Rs.____________ (Rupees
    ________________________________ only).
    The Stamp duty is paid on the market value as
    computed above.

    Types of stamps
    Adhesive Stamp (includes stamps that are pasted on
    a paper, generally for smaller matters)
    Impressed Stamp (includes embossed or engraved
    stamp e.g. stamp paper, for larger transactions)

    Impressed Stamp (Stamp


    Paper)
    Section 13: Every instrument written upon paper
    stamped with an impressed stamp shall be written
    in such manner that the stamp may appear on the
    face of the instrument and cannot be used for or
    applied to any other instrument.
    Section 14: Only one instrument on one stamp
    paper
    Non-compliant document is deemed unstamped.
    Instruments stamped before or at the time of
    execution.
    Buy stamp
    paper

    Execute the
    document

    Certificate
    from
    Collector

    Attestation

    Registration

    Valuation of Stamp Duty


    Stamp duty is chargeable on the consideration
    disclosed in the document of conveyance
    Stamp Duty is prescribed by state government.
    Market value of a property is estimated by the
    Collector and based on that valuation the stamp
    duty is done.
    Collector has the power to impound the document if
    it is unduly stamped (Section 40)
    Who shall pay the stamp duty? Sale (Purchaser);
    Lease (Lessee); Mortgage (Mortgagor)
    Illustrations:
    A mortgages a house of the value of Rs. 10,000 to B for
    Rs. 5,000. B afterwards buys the house from A.
    Suppose C buys the property instead of A?

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