STAMP AND REGISTRATION Presented by K Vanlalthiana Deputy

STAMP AND REGISTRATION Presented by: K. Vanlalthiana Deputy Director Land Revenue and Settlement

Registration - Meaning Registration is a process through which a document is officially recorded. • Transfer of property must be made only through a register deed. • Once the document is registered, the document is valid throughout the country. • If a document is compulsorily registrable but has not been registered, the transfer is not valid.

Legislative Background • The item “Registration of deeds and documents” appears at entry No. 6 in List III of Seventh Schedule to the Constitution of India. • In accordance with Article 246(2) the Parliament and Legislature of the State have concurrent powers to make laws on the subject.

REQUIREMENT OF REGISTRATION UNDER MIZORAM(LAND REVENUE) ACT, 2013 • Section 100 of the Mizoram (Land Revenue) Act, 2013 provides that “all valid transfer of land shall be compulsorily registered under the Registration Act, 1908”.

REQUIREMENT OF REGISTRATION UNDER THE MIZORAM (LAND REVENUE) RULES, 2013 • All conveyance deed for Land Lease Certificate {Rule 7 (7)} • Settlement of Land {Rule 13 (11)} • Mutation or Partition Certificate {Rule 27 (3)} • Transfer of apartment {Rule 28 (2)}

Transfer of Property - meaning thereof: • Transfer of property means an act by which a living person conveys property to one or more other living person. - Section 5 of the Transfer of Property Act, 1883

COMPULSORY REGISTRABLE DOCUMENTS (U/S 17 OF REGISTRATION ACT, 1908) • Instrument of gift of immoveable property. • Non-testamentary transferred instruments of immoveable property of the value above Rs 100. • Acknowledgement of non-testamentary instrument. • Leases of immoveable property exceeding one year. • Authority to adopt a son.

INTERPRETATIONS • Instrument means a legal document. • Non-testamentary instrument means a document between a living persons. • Gift means the transfer of existing property made voluntarily and without consideration accepted by or on behalf of the donee. • Lease means a transfer of a right of enjoyment of an immoveable property for a certain time for certain consideration.

INTERPRETATIONS - CONTINUE • Immoveable property includes- land, benefits to arise out of land things attached to the earth but not include standing timber, crop, grass. • Sale is transfer of ownership in exchange for a price paid or promised or part-paid and part promised. • Mortgage is the transfer of an interest in immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan.

REGISTRATION DISTRICT AND SUB-DISTRICT (Section 5 of Registration Act, 1908) • Existing Administrative Districts may be notified as Registration District. • Existing Civil Sub-Divisional areas may be notified as Registration Sub-Districts.

APPOINTMENT OF DISTRICT REGISTRAR AND SUB-REGISTRAR(u/s 6) • Deputy Commissioner may be appointed as District Registrar. • Settlement Officer/Asst. Settlement Officer may be appointed SR at the District Hqrs. • SDO(Civil) may be appointed as SR of the SD other than the District Hqrs.

PRESENTATION OF DOCUMENT FOR REGISTRATION • Document other than a will to be presented within four months from the date of execution-(Section 23). • Document to be presented in the office of the SR where the property situate. -(Section 28) • Enquiry before registration by Registering Authority. -(Section 34)

PROCESS OF REGISTRATION • Presenting the documents before the Registering Officer concerned after writing the deed on the physical non-judicial stamp paper of proper denomination. • On the presentation of documents for registration, the Registering Officer satisfy himself: (1) that it has been presented at the proper office. (2) that it bears the proper stamp or is exempted or does not require stamp duty. (3) that it is in the usual language of the district or is accompanied by a translation and a true copy. (4) that in the case of interlineations, blanks, erasures, attested by executants. (5) that if the document is non-testamentary and relates to immoveable property, the description is sufficient. (6) that it is presented within proper time. (7) that it is presented by a person authorized to do so. (8) that the date of execution has been stated in the document.

PROCESS OF REGISTRATION-CONTINUE • Endorsing the documents by the Registering Officer to the Assistant concerned who will check all the documents and submit his findings to the RO putting necessary seal. • When a document contains more than one sheet of paper, the seal and signature of the Registering Officer and the date attached to every sheet at the time of presentation. • If the requirements of the law have been complied with, the following certificate is entered on the face of the deed: Admissible under Act XVI of 1908. Correctly Stamped (or exempted from stamp duty) under the Indian Stamp Act, 1899(Act No II of 1899) Schedule____ No_____ Fees paid Sub-Registrar

PROCESS OF REGISTRATION-CONTINUE • In the case of a will, the certificate is: Not liable to duty under the Indian Stamp Act, 1899(Act No II of 1899) Sub-Registrar . After endorsing the certificate, collection of the required fee and entering the amount so received on the document below the said certificate and requisite entry in the fee book.

PROCESS OF REGISTRATION-CONTINUE • The endorsement under section 52 is recorded on the back side of the first page of the document as: Presented for registration at_____AM(or PM) on the_______ day of _____ 2014 at___________ Sub-Registrar office (or elsewhere) by ____________ the executants or claimant. Signature of presentant Signature of RO Identified by_____________ Son of _______________ Village _______________PS ________________ Profession _____________ Signature of RO

PROCESS OF REGISTRATION-CONTINUE • The endorsement under section 58 is recorded on the back side of the first page of the document as under: Execution is admitted by_______________ and_______________ Who are identified by_____________Profession __________ Signature of RO

PROCESS OF REGISTRATION-CONTINUE • The endorsement under section 58 is recorded as: Registered under Reg. No ………………. …. . on …………(date) at …… (time) entered at Book No………Volume No. …… Page No. …………. Signature of the Registering Officer Seal • Capturing of photos of the parties and recording biometric impressions of all concerned. • Scanning and storing of the documents showing identities of all persons involved. • Preparation of Index. • Entries made in the relevant Register • Return of the original document under proper acknowledgement