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