Q. What should the parties do if the Registrar refuses to register the document/s?
Ans. On refusal to register the document by the Registrar, the parties or their representative/s u/s. 72 & 73 of the Indian Registration Act, 1908 can within 30 days from the date of order or refusal, institute proceedings in the Civil Court in whose jurisdiction the office of the Registrar is situated.
Q. Is it advisable to register the document/s at the time of purchase of immovable property?
Ans. Yes, it is always advisable to register the document/s at the time of purchase of immovable property. In some cases it is compulsory to register the document/s. Even in cases where it is not compulsory to register the document/s then also registration of document/s is strongly recommended because:-
(1) The title gets additionally secured
(2) If you propose to obtain a loan in future then at that time banks or financial institutions might insist for registration of documents/s
(3) Even if you propose to register the document/s in future there is a possibility that the seller may not co-operate with you.
(4) The certified true copy of the document/s can be obtained from the registering authorities after completion of index and at any point of time and even if you loose the document/s you can still establish your bonafide to the property.
Q. At the time of registration should the area in the agreement be mentioned as carpet area, built-up area of super built-up area?
Ans. The Registering Authorities insist that the area must be mentioned as built up area. If the vendor has mentioned the area as carpet area then the registering authorities compel the persons to mention the area on built-up basis on the rubber stamp which is affixed by them at the time of registration of the information insisted upon by the registering authorities before registering the document/s is as under:-
(a) Number Of Floors (b) Built-up Area (c) City Survey No. (for the city of Mumbai) C.S.No. (for suburbs in Mumbai) (d) Ward (e) Village & (f) Taluka.