Registration of Documents

South District

Agenda

Registration of Document Rules, 1930

Registration of sale deeds

Registration of gift deeds

Registration of Mortgage deeds

Registration of Firms

Registration of Lease deeds

Registration of Trusts

Registration of Adoption deeds

Registration of Wills

Registration of Document Rules, 1930

Primarily intended

a) To give security to titles and rights of persons

Purchasing property

Receiving property in gift

Advancing money on mortgage of it (property)

Taking it (property) on lease

b) To prevent individuals being defrauded on such property

that may have been so previously disposed of or pledged

c) To obviate as far as practicable litigation respecting

Authenticity of will

Adoption of sons

d) To keep authenticate record of private documents

Registration of Document Rules, 1930

Registrar

Head Registry office – Gangtok

Under the direct control of His Highness the Maharaja of

Sikkim

Sub Registrar

Sub offices of registry of deeds

Now

Registrar – District Collector

Sub-Registrar – Sub Divisional Magistrate

Registration of Document Rules, 1930

Registers to be maintained

At O/o Sub-Registrar

1. Register of absolute transfer of property

2. Register of other transfer of immovable property i.e. mortgage

3. Register of decrees and orders of court and award of arbitrators

General register

At O/o Registrar

1. Register of deposit of wills and instrument adopting a son after

death

2. Register of wills and instruments adopting a son after death

Registration of deeds

Execution – signing and confirming the contents of the

deed

Rule 20 – All instruments required to be registered

(except a will) shall be produced within four months from

the date of execution

To check – the date of execution and date of application for

registration

Delay – not exceeding 6 months can be accepted with penalty

Registration of deeds

Who can present it for registration

Rule 21

Either by person executing it

Or the person claiming it

Procedure for presenting

Rule 7

Persons executing the deed or their authorised representative

and witnesses

Shall attend at the Registrar office and prove by solemn

affirmation

Registration of Sale deed

Rule 24

No document relating to immovable property shall be

accepted for registration unless it contains a description of the

property sufficient to identify the same

Block name, Plot No and Area

A small map of the land

Owner of the land

Boundary plots and ownership details

Registration of sale deed

Rule 22

Registering officer to satisfy himself that

The contents of the document do not conflict with the existing land

laws

Rules regarding holding of immovable property in Sikkim

Then shall proceed with the registration procedure

Rule 23

Registering officer in his discretion give a public notice of the

fact of the document presented for registration and invite

objections

Presenting a document

Rule 38 – to check the following items in the documents

presented for registration

Has been presented at the proper office

Bears the proper stamp or is exempted from duty

Language commonly used in Sikkim (Nepalese) or is

accompanied by a true translation in English

Interlineation, blank, erasure or alteration – to be attested by

the parties (Rule 10)

Presenting a document

Rule 38 – Contd…

If it relates to immovable property, the description of the

property is sufficient

If it contains a map, is accompanied by the true copy of the

map

Document is presented within proper time

Presented by the person executing it or by persons authorised

to do so

Sale deeds

Two copies of Sale deed

Execution of document

Witnesses – two numbers

Date of execution

SSC/COI documents of the buyer

Spot verification by the concerned RS/ARS

BL Property – Buyer should also be BL community

If the buyer is female Married

SSC/COI of husband

Community of husband

Unmarried Certificate

If buyer is committee/trust Have to get approval from

Head office

Age of the seller/buyer

Original Parcha

List of family members of the seller (affidavit)

Step 1. Things to check by Registration clerk

Sale deeds

Step 2. Verification of encumbrance

Send the application along with documents to revenue section

Check all encumbrances

Mortgage

Hissadar / other forms of share holdings

Objections

Check in both khatiyan and Khasra

Check the area sold and area left (to avoid Sukumbasi)

Sale deeds

Step 3.

RC to put up the file for notice

Registrar to check the documents and if satisfied can approve

for issuing notice for one month to invite objections

RC to print the notice and put up for signature

Registrar to sign the notice

RC to issue notice to all concerned

Sale deeds

Step 4. On expiry of one month

If there is no objection

Check for all NOCs

Panchayat

Boundary holders

Family members

MPCS and other financial institutions

RC to put up for approval for final registration

Registrar to check all documents and give approval

Sale deeds

Step 5. Fees and duty

Registration fees – 4% of consideration value

Stamp duty – 1% of consideration value

Step 6. Endorsement

RC to endorse the details of registration on the back side of

the sale deed along with stamps

Registrar to sign the endorsements

Step 7.

RC to preserve one copy in office and give one copy og sale

deed to the presenter

Sale deed

Step 4. On expiry of one month

If there is objection

Rule 23.

In hearing objections raised against the registering of a document, the

registering officer shall make no enquiry into the merits of a disputed

claims relating to any property mentioned in an instrument presented

for registration

He shall adjourn the proceeding in registration to enable the parties

to move the courts

Sale deed

Step 4. On expiry of one month

If there is objection

Writ Petition(c) No.1 of 2012 in the Hon’ble High Court of Sikkim at

Gangtok

SrilaTargainVs The District Collector, East Sikkim and others

“Therefore, while the impugned order shall remain

undisturbed, it is directed that the objectors shall move the

Civil Court having competent jurisdiction within a period of 90

days and shall inform the respondent no.1 with necessary

proof of having done so. It is made clear that in the event of

the objectors,…,failing to take the steps as directed herein, it

shall be open for the respondent no.1 to proceed further with

the mutation proceedings as if no objections had been filed.”

Sale deed

Step 4. On expiry of one month

If there is objection

Registering authority to adjourn the proceedings for 90 days directing

the objector to approach the concerned civil court and inform the

registering authority.

If no such action is taken by the objector, the registering authority can

register assuming there is no objection

Assistant Magistrate order

Gift deed

Same as Sale deed

Gift should be between blood relations

Registration fee – 4% of consideration value

Stamp duty – 1% of consideration value

Can also be registered for land given as donation/gift to

schools and icds centers

Get the approval of District Collector/Registrar

Mortgage deeds

Step 1.

Letter from the bank along with

Two copies of mortgage deed

Original parcha

Family members affidavit

To check

Properly signed by bank manager and the applicant

Details of the property in the schedule

Original parcha

Mortgage deeds

Step 2. Check the encumbrances

Send the documents to Revenue section for verification

Step 3. Issue of notice

Same as sale deed

Step 4. Final registration approval

NOC from Panchayat, MPCS, family members

Mortgage deeds

Step 5. Fees

Registration fees

Rates as per the classification as residential or commercial

Slabs of rates as notified

Step 6. Endorsements

Same as sale deeds

Firms registration

Application along with

Attested copy of COI/SSC/old license copy

License given by NMC/local bodies

Notice

To UDHD, owner of the premises, DIC

Fees

Registration

Lease deeds

Two types

UDHD lease

For companies/business entities

UDHD lease

Letter from the UDHD department along with three copies of

the deed

Procedure same as mortgage deeds

Lease deeds

Lease deeds for companies/businesses

Application can be received in the office of SDM

Check for all the supporting documents

Antecedents check of the proprietors/promotors

Registration with the industries department

SPCB

List of other documents given in the circular from Head office

Forward it to the Head office for further processing

After approval from the head office registration can be done in

SDM office

Trust/Gumpa committee/church committee

registration

Handled by general section

Application is to be forwarded to Police department for

verification of the antecedents of the trust members

After receiving the Police report, forward with the

recommendation of the District Collector to the head

office for further processing.

Will/Adoption

Rule 14.

Applicant to deliver the instrument of will or instrument

adopting a son in a sealed cover to the Registrar

Rule 15.

Withdrawal of the instrument only on the order of His

Highness the Maharaja of Sikkim (now the Government of

Sikkim)

Will/Adoption

Rule 16.

On death of the depositor and on application made to the

Registrar to open the same

Registrar to satisfy himself that the depositor is dead

Shall in the presence of applicant and two other reliable

witnesses

Open the sealed cover and enter a copy of the contents in the

register of wills

Redeposit the original will

Compulsory registration

Rule 25.

Conditions

Person by whom the document purports to be executed,

denies its execution

Person appears to be minor, an idiot or lunatic

Person by whom document purports to be executed is dead

and his representatives denies its execution

Sub-Registrar shall refuse to register the document and

refer it to the Registrar

Compulsory Registration

Rule 26.

Registrar to conduct enquiry

Whether the document has been executed

Whether the applicant is entitled to the registration

If everything is ok

Registrar shall order the document to be registered,

compulsorily

Thank You

Ragul K, SDM HQs, Namchi