The Non-Testamentary Documents are to be prepared either by the licensed document writer or by the advocates. The document should bear the required stamp duty .The required registration fee has also to be paid in cash at the Sub Registrar Office at the time of presentation of documents.

By on 14-11-2018

REGISTRATION OF DOCUMENT

The Non-Testamentary Documents are to be prepared either by the licensed document writer or by the advocates. The document should bear the required stamp duty as per the Stamp Act 1959. The required registration fee has also to be paid in cash at the Sub Registrar Office at the time of presentation of documents. The Executants, Claimant or the Power of Attorney holder may present the documents. But either the Executants or the Power of Attorney holder should invariably be present for admitting execution of the document at the Sub Registry Offices.

 REFUSAL TO REGISTER

1. Reasons for refusal to register to be recorded :- Every Sub Registrar refusing to register a document except on the ground that the property to which it relates is not situate within his sub district , make an order of refusal and record his reasons for such order in his book No2 and endorse the words “ registration refused” on the document; and, on application made by any person executing or claiming under the document, will get a copy of reasons so recorded.
2. No registering officer shall accept for registration of document so endorsed unless and until, under the provisions hereinafter contained the document is directed to be registered.
   o Appeal to Registrar from orders of sub registrar refusing registration on ground other than denial of execution
   o Application to Registrar where sub registrar refuses to register on ground of denial of execution.

 IMPOUNDING OF INSTRUMENTS NOT DULY STAMPED

1. Every person having, by law or consent of parties, the authority to receive, evidence and every person in charge of a public office except an officer of police, before whom any instrument, chargeable in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same.
2. No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped.
3. When the collector impounds any instrument under section 33, or receives any instrument sent to him under sub section (2) of section 37, not being an instrument chargeable with a duty of twenty paise or less, he shall adopt the following procedure.
4. If he is no the opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify by endorsement there on that it is duly stamped or that it is not so chargeable as the case may be,
5. If he is of the opinion that such instrument is chargeable with duty and is not duly stamped. He shall require the payment of the proper duty or the amount required to make up the same. Together with a penalty of Rs.5, or if it thinks fit, an amount not exceeding 10 times the amount of the proper duty or the deficient portion there of, whether such amount exceeds or falls short of Rs.5. From the above, it can be seen that when a case of in sufficient stamp paper is noticed, the proper course of action to be resorted to is to get the instrument impounded stamp act.