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Frequently Asked Questions-Registration Acts

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Q1.How ownership of immovable property is acquired by a person?

Ans:- A person may acquire immovable property in any of the following ways:

  1. By inheritance of ancestral property.
  2. Through will.
  3. Acquisition by oneself such as purchase etc.
  4. Through gift, trust, settlement deeds.
  5. Grant, sanad / Inam by the Government.
  6. Through partition deed.
  7. Through decree of Court.

There are two ways of acquisition:

  1. By act of parties.
    Example: Purchase, gift etc.
  2. By operation of law
    Example: Inheritance, decree of Court etc. (for details please see Transfer of Property Act, 1882 (Central Act))
Q2.Is it necessary to register in Office of the Sub Registrar to get patta/khata transferred (mutation) in respect of property acquired by inheritance?

Ans:- Not necessary. After the death of owner of a property his heirs, such as wife, children i.e. male and female, married or unmarried may, as per respective personal law, get the Patta/Khata transferred on production of death certificate of the owner with details of property held by him to the following officers.
If property is an agricultural land – Mandal Revenue Officer ( under Andhra Pradesh and Telangana Land Revenue Act); if property is house or vacant land in a city/village other than agricultural land -- Offices of Corporation, Municipality, Panchayat or City survey if such office exists.

Q3.Which are the documents requires to be compulsorily registered?


  1. Gift deed of immovable property.
  2. Other non-testamentary instruments, which purport or Operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property. Eg: Sale, mortgage, partition, release, settlement of immovable property.
  3. Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extension of any such right, title or interest;
  4. Leases of immovable property
  5. Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
  6. The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2000 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A
Q4. How to effect partition of .property?


  1. If all the parties have share (common right) in the property then partition can be effected. If partition is effected through an instrument then such instrument must be compulsorily registered.
  2. Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.
  3. Parties to the partition may agree to effect partition of unequal shares.
Q5. When there are two or more heirs, can one or two be made full owners by others taking money in
lieu of their share?


  1. Yes. Any of the co-owners can individually or collectively release his / their right in favour of one or more collectively as the case may be and make him / them full owner. This kind of release can be with or without payment of money. This document is called Release.
  2. Release can be made not only in case of inherited property but also in case of joint purchase/acquisition.
Q6. What is a will?

Ans:- A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator.

Q7. Who can execute a will?


  1. Any person above the age of 18 years and mentally sound may execute will, but the will caused by fraud or coercion or by forcefully is not valid. Therefore a will must be executed voluntarily.
  2. Parents or guardians cannot execute will on behalf of minors or lunatics.
  3. Attestation by minimum two witnesses is necessary.
  4. Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe are necessary.
  5. Beneficiary under a will should not sign as attesting witness.
    In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly written without giving room for any doubt.
  6. No stamp duty is required to be paid. Will can be drafted on a white paper.
Q8. Is it compulsory to register a will?

Ans:- It is not compulsory to register. Executants may register at his option. It is better to register the will. If original is lost a certified copy can be obtained from Sub-Registrar Office.

Q9. Where can the will be registered?

Ans:- It can be registered in any office of the District Registrar/Sub Registrar Office of India

Q10. Is there any time limit to register a will?

Ans:- There is no such time limit. It can be registered at any time after its execution.

Q11. Can a will be cancelled?

Ans:- The testator can cancel his will at any time during his lifetime.

Q12. Can a registered will be rectified or changed?

Ans:- If executant of a will wishes to rectify, change the content by way of addition/deletion of any recital in the original will may do so during his lifetime. This is called codicil. This document does not require any stamp duty.

Q13. Can a will be registered even after death of testator?

Ans:- Yes, claiming party under the will have to produce will, records relating to the death of the testator, witnesses and the scribe before the Sub Registrar. If Sub Registrar is satisfied about the truth and genuineness of the execution of the will, he will register. There is a procedure called "will enquiry" to be followed by the Registrar/Sub Registrar to register a will presented after the death of the testator.

Q14. What is the Stamp duty and Registration fee to register a will?

Ans:- There is no Stamp duty on will deed. For registration of will during the life time of the testator Rs.100 Registration fee prescribed + User Charges applicable. To register the will after the death of the testator Registration fee of Rs.100 and enquiry fee including batta, processing expenses at actual will be collected.

Q15. Is the certified copy of a registered will available to anybody?

Ans:- A certified copy of a registered will is available to the testator only during his lifetime. After his death anybody can obtain after producing proof of death of testator.

Q16. How to keep contents of a will confidential?

Ans:- Will can be deposited in a sealed cover in office of the District Registrar. A fee of Rs.500-00 prescribed to deposit will in a sealed cover. Depositor or authorized person (executor) can withdraw the sealed cover containing a will, if desires to do so.

Q17. What is the procedure to obtain the sealed cover containing a will after the death of the depositor?

Ans:- On making an application along with proof of the death of the depositor, District Registrar will open sealed cover in the presence of the applicant and it will be registered. Certified copy will be issued if desired. A fee of Rs.100-00 prescribed to open a sealed cover.

Q18. What is the procedure for change (mutation) of patta/ khata of the properties obtained through will?

Ans:- After the death of the testator, person claiming through the will have to apply to the concerned authorities as explained in question no.2 along with the copy of the will and death proof.

Q20. What are the documents prohibited from registration under the Registration Act, 1908 as applicable in the State of Andhra Pradesh and Telangana?.

Ans:- Section 22-A of the Act of 1908 as amended by the State of Andhra Pradesh and Telangana, as it presently stands, reads as under: "22-A. Prohibition of Registration of certain documents:--

  1. The following classes of documents shall be prohibited from registration, namely:--
    1. documents relating to transfer of immovable property, the alienation or transfer of which is prohibited under any statute of the State or Central Government;
    2. documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease in respect of immovable property owned by the State or Central Government, executed by persons other than those statutorily empowered to do so;
    3. documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by Religious and Charitable Endowments falling under the purview of the Andhra Pradesh and Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 or by Wakfs falling under the Wakfs Act, 1995 executed by persons other than those statutorily empowered to do so;
    4. Agricultural or urban lands declared as surplus under the Andhra Pradesh and Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the Urban Land (Ceiling and Regulation) Act, 1976;
    5. Any documents or class of documents pertaining to the properties the State Government may, by notification prohibit the registration in which avowed or accrued interests of Central and State Governments, Local Bodies, Educational, Cultural, Religious and Charitable Institutions, those attached by Civil, Criminal, Revenue Courts and Direct and Indirect Tax Laws and others which are likely to adversely affect these interest.
  2. For the purpose of clause (e) of sub-section (1), the State Government shall publish a notification after obtaining reasons for and full description of properties furnished by the District Collectors concerned in the manner as may be prescribed.

Q21. If a private property was wrongly shown by revenue or any other department as falling under Prohibited property under Section 22A, then what is the remedy?

Ans:- The concerned parties may approach the concerned revenue official or any other competent authority and submit all the relevant documents to prove that the property in question is a private property but not of any class of property falling under Section 22A. If the authority is satisfied, he may issue an No Objection Certificate or send a revised list to registration department deleting the property from prohibited list. There is a lot of civil litigation and Writ Petitions are being filed before Hon'ble A.P. High Court on the matters of Section 22A lists communicated by Revenue and other department officials. There is every need to prepare a comprehensive and accurate list of prohibited properties to avoid hardship to the common people. The lists shall be webhosted thereby the purchasers may get clear information regarding the property they intend to buy.

Q22. What is the purpose of Registration?


  1. By Registration of transaction of immovable property will become permanent public record. This is a notice to the general public. Those getting transfer of property should verify whether such property has been previously encumbered.
  2. According to Transfer of Property Act right, title or interest can be acquired only if the deed is registered.
Q23. What are the effects of non-registration?

Ans:- If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908)

Q24. Is there time limit to present a document for registration after it is executed (signed)?


  1. Document may be presented for registration within four months from the date of execution (signature).
  2. If a document is executed out of India, the period of four months will be counted from the date of its first receipt in India.
  3. After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration.
Q25. What is the day today timing for acceptance of deeds for registration in Sub Registry offices?

Ans:- Generally deeds are accepted during working hours ie., between 10:30 am and 5 p.m. Sub Registrar may stop accepting before closing time, if he has sufficient work to attend in respect of deeds already received for registration.
Provided deeds may be accepted in emergency cases on holidays, if the Sub Registrar happens to be in the Office.

Q26. Can the document presented for registration be withdrawn?

Ans:- Registering officer may permit withdrawal of the document before completion of registration on written request by the party who presented the document in case only, if the document has been presented by the claimant but not by the executant.

Q27. Who should be present at the time of registration?

Ans:- A deed may be presented for registration either by claiming or executing party or by the agent who got attested power of attorney to present the document but the executant / executants must be present to admit execution (signing) of the deed, if the document is presented by claimant. If the executant gives the power to the agent to present and admit the execution on behalf of the principal, then the power shall be attested as per Section 33 of Registration Act, 1908. (Please see Sec.32 of Registration Act 1908).

Q28. What is the course, if executing party refuses to appear in Registry Office to admit execution?


  1. In such circumstances, registering office will issue notice/ summons to the Executant. If the party does not turn up registering officer will refuse registration.
  2. Application may be made to the District Registrar on such refusal. The District Registrar will hold enquiry and decide the case. Prescribed fee should be paid for such application.
  3. One may submit appeal to the Civil Court if District Registrar also refuses to order for registration (For details please see Sec.73, 74, 75, 76 & 77 of Registration Act 1908).
Q29. Who can sign as witness to a document?

Ans:- Any person, above 18 years of age and not a party to the document may sign as witness.

Q30. What is meant by Identifying witness of person presenting/executing a document?

Ans:- In order to identify genuineness of the persons executing the document, signature of two identifying witnesses are obtained. Without such witnesses, registering officer may refuse registration.

Q31. Who is authorised to write a deed?

Ans:- Deed may be personally written by the executant or may be drafted by a deed writer or advocate. In Andhra Pradesh and Telangana the system of licencing the document writers was abolished. Now, the parties can approach anybody who is conversant with deed writing. The parties may approach a lawyer/solicitors to get their document drafted in professional manner covering all aspects of transaction and laws governing such transaction.

Q32. Is it necessary to register immovable property by Government as inam?

Ans:- They are exempted from registration. Khatha/patta is effected on the basis of orders of Government (see Sec.90 of Registration Act 1908).

Q33. Are there any kind of documents registered without personal appearances of the parties for registration?


  1. Mortgage deed executed under Improvement Loans etc.
  2. Certificate of sale issued by revenue court.
  3. Documents executed by farmers in favour of primary co-operative land development bank to obtain loan and loan bonds executed by farmers in favour of banks under Karnataka Agricultural Credit Co-operations and Miscellaneous Provisions Act 1975 are sent under Sec.89 of the Registration Act and they are filed.
Q34. Is it necessary to register deed relating to transfer or assignment of decree relating to immovable property?

Ans:- If value of the property involved in decree is Rs.100 or more and creates, declares, transfer, limit or extinguish right it should be compulsorily registered (See Sec.17 (e) of Registration Act).

Q35. Explain the registration of adoption deed?

Ans:- Adoption deed maybe executed and registered like any other deed.

Q36. Explain the Power of Attorney?

Ans:- There are two kinds of Power of Attorney.

  1. General Power of Attorney (GPA)
  2. Special Power of Attorney (SPA)
  3. Special Power of Attorney requires attestation (As per Sec 32 and 33 of Registration Act)
    1. General Power of Attorney is executed by a person in favour of another to act on behalf of him generally. It may include management of property, Court matter/litigations, sale of mortgage of property or any other act.
    2. Special Power of Attorney is executed to do a particular act.
    3. Special Power of Attorney authorizing the agent to present the document executed by the Principal before the Registering Officer concerned and admit the execution thereof, requires to be attested by the Sub Registrar/Registrar in case the Principal resides in India except in Jammu and Kashmir. If the principal resides in Jammu and Kashmir, then it has to be attested by the Magistrate. And if the principal resides outside India, then the power shall be attested by Consul/vice-Consul/Notary Public/Magistrate.

Power of Attorney holder is answerable to the principal and liable to give accounts to him.

Q37. Does property get transferred by getting a General Power of Attorney from the person selling it? Can the agent become owner of property?

Ans:- No. It is wrong to say that ownership is transferred by getting General Power of Attorney. Persons purchasing property must get the sale deed registered. This principle applies to other kinds of transactions also.

Q38. Who can execute Power of Attorney?

Ans:- A person who has attained the age of majority may execute power of attorney in favour of another person who has attained majority including family members like wife, husband, son, daughter, brother, sister, father and mother to act on his behalf. If a power of attorney is executed to sell/develop/transfer in any manner whatsoever, of the immovable property in favour other than those mentioned above, 1 percent stamp duty shall be paid on market value of such property. In case of family members, the required stamp duty is Rs.1000/-

Q39. When would a General Power of Attorney gets cancelled?


  1. GPA automatically gets cancelled on the death of Executant.
  2. Principal (Executant) may cancel it any time.
Q40. What does Irrevocable Power of Attorney mean?

Ans:- If the Power of attorney is executed for consideration in respect of property it cannot be unilaterally revoked, prejudicial to the interest of the agent (See Sec.202 of Indian Contract Act, 1872). It is better to get full and authentic opinion from your lawyer.

Q41. What is the meaning of a Special Power of Attorney?


  1. Power of Attorney executed by a person in favour of another to act on his behalf for specific purpose is called Special Power of Attorney.
  2. If a person is unable to go over to registry office to present a document executed in his favour or to admit execution of document executed (signed) by him, such power of attorney shall be authenticated or attested by a Sub Registrar. Otherwise they are not acceptable for the purpose of registration (pl see the answer to the question No.38 also for clear understanding of the subject).
Q42. Is it compulsory to register power of attorney attested in India by Magistrate or notary?

Ans:- They need not be registered. But General Power of Attorney containing authority to present or admit execution of a document executed by the principle is not acceptable for such presentation or admission of execution unless they are attested or authenticated by a Sub Registrar.

Q43. Is it compulsory to register General Power of Attorney executed by persons residing out of India and attested by officers of Consulate office of India in that country?

Ans:- It is not necessary to register. But Stamp duty as per Article 42 shall be paid within 3 months from the date of receipt of the power of attorney in India.

Q44. What is meant by Encumbrance Certificate?

Ans:- Encumbrance Certificate is a record showing registered transactions pertaining to a property. If mortgage, sale or any other deeds in respect of an immovable property are registered, indexing will be done by the Registration Department and this indexing ultimately converted to generate an encumbrance certificate. Today, in Andhra Pradesh and Telangana, the Encumbrance Certificates are issued by Mee Seva Centres and Sub Registrar and District Registrar Offices.

Q45. What is meant by a Nil Encumbrance Certificate?

Ans:- If no deeds of transactions are registered in respect of a property mentioned in the application of EC, nil encumbrance certificate is issued. If Certificate is issued in this form, it means that there are no registered transactions / liabilities on the property for a given period of time; and unregistered transactions are not included in this certificate since such details are not available with Registration Department. People shall be very careful in filling the application form for EC, if they give incomplete/inaccurate details, then they may get a wrong EC. Interested parties may approach the Sub Registrar and by paying statutory fee, can verify the records personally. EC cannot be taken as a sole criterion to buy a property or lend money. It is better to undertake comprehensive study as suggested in "property purchase precautions".

Q46. How to obtain Certified Copy of registered document?


  1. Any person may obtain certified copy of registered document relating to immovable property.
  2. Certified copy of registered will may be obtained only by the testator only during his lifetime. Any person may get copy of a will after the death of the testator on production of death certificate.
  3. Copies of registered deed of GPA and other documents relating to movables may be obtained by executant / claimant or agent, representative of such person only.

Stamp paper of Rs.20 is required to be produced along with a fee of Rs.100+User charges. Points to be noted by registering public for registration of a document

SL No. Do's Don'ts
1 ay the fees required to be paid directly to the registering officer and obtain receipts -----------------------------------------------------------
2 Market value of each area is published. Pay stamp duty as per market value or on consideration whichever is higher Purchase stamp papers from licensed stamp vendors or Department counters. Beware of fake stamp papers. In Andhra Pradesh and Telangana stamp below Rs.100/- only available. Remaining stamp duty shall be paid through Challan. So you have to go to Sub Registrar Office and get a challan copy. Each SR Office is attached to SBH/SBI branch. Therefore, it is advised to get information from your SRO.
3 Verify whether date of delivery of the registered deed is written on the receipt. Keep the receipt securely with you only Don't handover receipt to any other person. Usually, the document will be returned within hour from registration or by evening of the same day. In case of heavy rush or any computer related problem, the document may be returned subsequently. Therefore, keep the receipt with you only and produce the same before the Registering Officer at the time of delivery of doct.
4 Get information regarding records to be produced for registration in the registry office Don't go for registration without necessary records.
5 Check whether all the endorsements and certificates are added on the document by the Sub Registrar. Whether all the sheets of the documents and other annexures are intact at the time of delivery of the document from SRO. Just don't rush to get the things done in Registration Office. Give required time to officials to enter all the details properly in the systems.
6 Apply for an Encumbrance Certificate immediately after registration and verify the registered document details are correctly reflected in the EC. This will avoid future complications in getting corrected the entries in Indexes. If there are any variations in the indexes, you may immediately inform the Officer concerned to get them rectified. Don't take take lightly, the small mistakes in the indexes of the office. Tomorrow, when you approach a bank, financial institution to get loan, it is going to be difficult to convince them. Therefore, better to ensure that the indexes are perfect and fully tallied with the details provided in the document such as names of parties, extent of land, door number, survey number, village name, consideration etc.
Q47. Where can I register my immovable property?

Ans:- Documents pertaining to immovable property shall be registered in the Sub-Registrar office in whose jurisdiction the property is situated
If you have any problem with the Sub-Registrar's office or for any other valid reason, you can approach the District Registrar of your district under Section 30 of Registration Act to get it registered through his Joint I SR.