Property Registration Process In Punjab: The Important Frequently Asked Questions

This article provides information on the property registration process in Punjab, India. It covers topics such as the documents required, the fees involved, and the steps involved in the process. The article also includes information on the different services offered by the Department of Registration and Stamps.

Here is a list of various questions related to Property Registration Process in Punjab:

Ques.1) What is the nature of the work carried out at the office of the Sub Registrar of the Department of Registration and Stamps?

Ans. The following work is carried out at the office of the Sub Registrar as per the Registration Act, 1908.

• To register documents.
• To prepare copies of registered document, to preserve them and issue certified copies as per the demand.
• To prepare indexes of registered document and issue certified copies as per the demand.
• To make available the copies and indexes of registered document as per demand for inspection and search of transaction.
• To send the concerned machinery the information about registered document of transfer of immovable property for making necessary mutation entries in the record of rights.

Ques. 2) Before carrying out the desired transaction, on what matters the citizens are expected to verify/satisfy themselves?

Ans. The answer to this question depends upon the nature of transaction, location and category of concerned property etc. Generally, before carrying out desired transaction the public is expected to satisfy itself at least, about the following matters.

1. They should verify the Title of the property in respect of which the transaction is to be made
2. If the transaction is to be made with the Power of Attorney holder instead of the original owner, the authenticity/legality of the Power of Attorney held by him should be examined and ensured that the Power of Attorney holder has been clearly bestowed the right to engage in the intended transaction and was alive on the day of execution of the instrument and had not revoked the Power of Attorney.

Also Read Demystifying Deeds: A Detailed Guide to Property Registration Process in Punjab

Ques.3) What preparation is necessary to be made by the parties for Registration of document?

Ans. It is necessary for the parties to make preparation in advance for registration of document generally in the following ways :

1. To draft the document in respect of the transaction,
2. To compile/collect necessary papers and permission according to category of document for registration of document,
3. To pay Stamp Duty payable on document as per Stamp Act,
4. To make advance preparation to remit payable Registration Fee and other Government dues,
5. To execute (to sign) the document in the presence of witnesses,
6. After complying with requirement as given above, to save the time for registration of document the parties can use the following facilities available by the department:  A) Through the public data entry facility, to make online data entry of all the information necessary for registration of document. B) Through the e-Stamp in facility, to book time slot from the concerned office of the Sub Registrar for registration of document.
7. The document can be presented for its registration to the office of Sub Registrar within four months from the date of its execution.

Ques. 4)  What different papers are necessary to be taken along with in the office of Sub Registrar for registration of document?

Ans. While going to the office of Sub Registrar for registration of document, it is necessary to carry along with the following papers-

1. The original document with proper Stamp Duty and Bearing signatures of parties/ witnesses.
2. If Stamp Duty and Registration Fee has been paid through e-Payment system, Aadhar Card and the proof thereof. Identity Cards with photos of all parties who will be present to admit execution.
3. Person who will identify the parties and Identity Cards with photo of such person.
4. Necessary papers according to category of document.
5. If the Power of Attorney holder has executed the document on the basis of Power of Attorney or if the document executed by the Principal Person is being presented for registration and /or admission is being given on behalf of the original executor on the basis of Power of Attorney, then the original Power of Attorney showing such right, its true copy and declaration to be given in prescribed forms regarding existence of the said Power of Attorney.
6. If time slot is booked through e-Stamp in system, the receipt thereof.
7. If power of Attorney is registered in other State/Other Sub Registrar Office, verification from the concerned Sun Registrar Office for its Authenticity/Validity shall be needed.

Ques. 5) For registering a document of transfer relating to immovable property, what particulars are needed to be mentioned in the description of the property?

Ans.  According to section 21 of the Registration Act. 1908, for registration of document of transfer of immovable property it is necessary to mention the description of property in such a way that the said property can be distinctly identified. For this purpose, generally the following particular are needed to mentioned in the document : –

1. The name of the road on which the said house is located, the direction of the road, number of road (if given), area of the house and its usage.
2. If the city survey of that property is done, then the Cadastral Survey /CTS,.
3. The name and serial number of details of road or other property by side of which above property is located, e.g. four boundaries (i.e. properties existing along four directions)

Ques. 6) What different duties/fees are required to be paid for Registration of Document?

Ans. The following duties/fees are to be paid for document registration:-

• Stamp Duty, Additional Stamp Duty as per case requirement.
• Registration Fee, PIDB Fee, Pasting Fee, Facilitation Charge.

For More information Read this Stamp Paper Fees Punjab Property Registration (ਦਸਤਾਵੇਜਾ ਤੇ ਲੱਗਣ ਵਾਲੇ ਅਸ਼ਟਾਮ / ਫੀਸ ਦੀ ਦਰ)

Ques. 7) In what manner Registration Fee can be paid?

Ans. The Registration Fee can be paid by e-Payment mode, generally in the name of that office of Sub Registrar where registration of document is planned.

Ques. 8) What is the method of time booking for document registration?

Ans. Seeking Appointment/Time booking for document registration can be done sitting at home by using the e-Stamp in system which is available on the Registration and Stamp Department’s website www.revenue.punjab.gov.in , under the heading “Online Services”. Likewise, seeking appointment/time booking can also be sought by personally visiting the office where document is to be registered.

Ques. 9) What are the different documents for registration for which draft/templates are available with the registration and stamp department? And where are they available?

Ans. The list of draft/templates for registration available with me Registration and Stamp Department and the Draft/Templates are available on the Registration and Stamps Department’s website www.revenue.punjab.gov.in under the heading ‘Download’ and sub heading ‘Draft Document’.

Ques. 10) It is binding to prepare document as per the draft made available by the Registration and Stamp Department?

Ans.  No, Using the Draft of Document made available by the Registration and Stamp Department is entirely optional. The said draft have been made available by the Department as ready reference, if the citizen desire to prepare the documents of their own transaction; the public can prepare their own document by using them as based and by making suitable alternation in them.

Ques. 11) What should concerned parties in the document do if they do not have a PAN while registration such document?

Ans. As stated in rule 114 of Income Tax Act, 1962, if the concerned parties in the document do not have a Permanent Account Number (PAN), then it is necessary to them to attach a declaration with the document in the following Forms:-

1. Form 60 by parties who have done the transaction in cash and
2. Form 61 by parties for whom agriculture is the only source of income tax and have no other taxable source of income.

Ques.12) How many witnesses are required for which kind of document?

Ans. For execution (while parties are signing the document) of documents like sale Deed, Agreement to sale, Lease Deed, Mortgage Deed, Exchange Deed, Gift Deed, Partition Deed etc. minimum of two witness required. (Every execution means execution of one or many parties simultaneously)

Ques.13) What major steps are to be followed in the document registration process after reaching Registration Office?

Ans. A document is accepted for registration if there are no legal provisions restricting transaction in it. A document has to go through the following steps in registration process:-

1. The document is verified by the Sub Registrar,
2. If data entry has been already done by using Public Data Entry, the data is fetched into the computer of office of Sub Registrar, or else data entry is made in the office of Sub Registrar on the basis of Input Form,
3. The property stamped and eligible for registration document is accepted for registration,
4. Admission of execution is given by the parties executing the document or by their Power of Attorney holder,
5. If the consideration is being before the Sub Registrar, an entry in that respect is made on the document,
6. Identification is made by identifier who recognizes the party giving admission of execution,
7. The Sub Registrar gives a certificate of Registration on the document,
8. After scanning of document, the Sub Registrar returns to the party original document.

Ques. 14) Who can present a document to Sub Registrar for Registration?

Ans. As per section 32 of Registration Act, 1908, any one party from the executing (signatories) or claimant (beneficiary) parties can present the document to Sub Registrar for registration. Similarly a Power of Attorney holder of such party can present document for registration.

Ques. 15) What is the time limit for presenting a document for registration?

Ans. According to section 32 of Registration Act, 1908, all documents, excluding Will, can be presented for registration within four months from executing/signing the document. If many have signed the document at different dates, then said time limit become applicable from the date of first signature.

Ques.16) Under what circumstances and to what extent the time limit of four months to present the document for registration can be extended?

Ans. Due to urgency of situation or due to unavoidable circumstances (e.g. serious illness, riots/natural calamity) if it has not been possible to present the document for registration within four months from executing/signing the document, according to section 25 such a document can be presented for registration in the next four months by paying prescribed fine. However, in respect of documents being submitted for registration with such delay, the case wise orders of delay conditions are passed by the District Registrar.

Ques. 17) Who has the authority to exempt the delay caused in presenting the document for registration?

Ans. According to section 25 of Registration Act, 1908, if the prescribed fine has been paid, the authority to exempt the delay vests with District Registrar of the district.

Ques. 18) What is the specifically meant by Admission in respect of registration of document?

Ans. According to section 34 of Registration Act, 1908, the person under which the parties themselves or their representative (Power of Attorney etc.) by being present before Sub Registrar admit the execution of the document to be registered, and the Sub Registrar after verification makes an entry accordingly, is called Admission, in respect of such admission, the signature of the concerned party/representative is taken on the summary part 2 of the document.

Ques. 19) What is the existing mechanism with regards to document registration in the Department of Registration and Stamps?

Ans. According to the provision of the Registration Act, 1908

• The right to register document vests in the Sub Registrar and there are office of Sub Registrar, Joint Sub Registrar working in the State.
• The Sub Registrar in respect of registration of document in under the control and supervision of District Registrar.
• The entire registration machinery of the State is under the control of Inspector General of Registration and Controller of Stamps.

Ques. 20) What is the nature of the work carried out at the office of the collector of the stamps?

Ans. The following duties are performed at the office of the Collector of Stamps as per Indian Stamp Act, 1899.

1. To determine the amount of the stamp duty to be paid for a document.
2. To recover the balance amount of stamp duty with fine/penalty and interest.
3. If required, to determine market value of property for this purpose.
4. To refund stamp duty.
5. To control and regulate the licensed stamp vendors.

Ques. 21) What type of work is carried out at the Office of the Inspector General of Registration?

Ans. The Inspector General of Registration is the head of the machinery for registration of document in the State. The following duties are performed by this office:-

1. To exercise administrative control over the Sub Registrar, Joint Sub Registrar
2. To control and supervise over the collection of revenue in the form of Stamp Duty and Registration Fee.
3. To prepare the annual statements of Rates of immovable properties for the purpose of calculation of Stamp Duty.
4. To sanction case of refund of Registration fee.
5. To frame rules for implementation of the Registration Act.
6. To suggest amendment in the Registration Act, Registration manual and Stamp act as per the changing needs.

Ques. 22) Where is the information about various services rendered through the Offices of the Department of Stamp and Registration?

Ans. Information about various services rendered through the Offices of the Department of Stamp and Registration will be available in the concerned offices.

Moreover, the following information is available on the website of the Department of Registration and Stamp www.revenue.punjab.gov.in .

• The process of work.
• Related Act & Rules.
• Related Government Resolution, Notification & Circulars.
• Tables of annual Statement of Rates (Ready Recknor)
• Performa of Applications, Declarations, Notices
• List of essential papers/documents
• Detail of necessary fees/duties
• List of Name of offices, addresses, telephone number and e-mail ID’s
• Information about e-Services.