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Home visit for registration

Saturday, December 16, 2017

Home visit for registration is an alternative provision for the persons who are genuinely unable to attend the registration office. Advocate Tanmay Ketkar explains the clauses

Property even though immoveable is continuously transferred from one person to another. The transfer could be for distinct reasons e.g. sale, gift, lease etc. There are two important modes of transfer of property. Firstly, transfer by succession, wherein the property of deceased is transferred in favour of the legal heirs or beneficiaries of will. Secondly, transfer by the owner himself through agreement.

As far as transfer of property is concerned, it is governed by two important enactments viz. transfer of property act and registration act. Registration act has specifically mandated the registration of each agreement of value exceeding Rs 100. An agreement is not valid unless and until it is duly registered. Registration of Will is not mandated by the registration act. However, to avoid any future disputes and difficulties it is always better to register the will as well.

Basics of registration
Registration process for any agreement or will is quite simple. It involves paying necessary stamp duty and registration charges, and presenting a document (complying all requirements of signatures and annexed documents etc) for registration. When an agreement is signed it is called “execution” and “admitting” that execution before the registrar is the registration of agreement. An agreement can be executed and admitted by person involved himself or through constituted attorney. When all the parties involved in agreement personally or through such constituted attorney admit the execution before the registrar, the agreement is registered.

Special cases
By and large the registration process is simple and easy to follow. However, for some persons, specially differently able persons or ill person or person admitted in hospital, it is difficult, to personally attend the registrar office for registration. If any of the persons involved is not able to attend the registration office, registration is not possible, which would unnecessary delays the transaction and causes inconvenience to other persons involved. In such cases, an alternative provision is required for such persons to admit or register their agreements, without physically attending the registrar office.

Considering the requirement, the registration act has a special provision in section 31. Accordingly, on a special cause being shown, the officer may visit the residence of such person. Since home visit registration is done at private premise, there are chances of fraud, collussion and misuse of the facility. In past, there were some disputes about the home visit registration which compelled registering officer to face criminal and judicial proceedings as well.
To avoid such disputes the Inspector General of registration of Maharashtra issued special circular dated 12.06.2013. The circular narrates the procedure to be followed for home visit registration.

What the circular says
The circular mandates affixing of photograph of applicant on application requesting home visit. The circular also advises the registering officer to satisfy himself about the reason for home visit and to proceed for home visit only and only if satisfied of the reason. For want of infrastructure and facilities the procedure at the registration office cannot be replicated at a private residence, which leaves room for dispute. Therefore, the circular has mandated the audio-visual recording, at the expense of the person applying for home visit, of the complete process of registration during home visit for registration. The circular mandated the registering officer to record all the details of application for home visit in the minute books of the registration office.

Home visit for registration is an alternative provision for the persons who are genuinely unable to attend the registration office. Any person(s) who are not able to visit the registration office can very well avail this service and register their agreement or will. However, as a citizen and contracting party, we also must ensure that all the guidelines and directions of the circular are followed during the home visit registration. Compliance with the circular is very important as it will leave no or little room for dispute about the home visit registration process.

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