Know Why It is Important to Register Documents
Oct 22, 2016 Legal Guidance
There are a plethora of things in the real estate sector both big and small. However, it is the human tendencies that people often let go easy on the small things. But one should be extra careful with such things as a slip of these could cause major damage. In this article, we will be talking about one such small slip that people often make i.e. delay in the registering of the documents. This may lead you to courts!
Hence it is highly advisable that people must register for the mentioned below reasons
Hence it is highly advisable that people must register for the mentioned below reasons
- First, it will prevent your home from elements like frauds, hoax and forgery because all the information will be there in public domain.
- Then this will help in ensuring the factor of transparency in transactions.
- Third, it will act as a solid and valid proof.
- Finally, it helps in knowing whether the property has some litigation going on or if there is any sort of encumbrance.
There was a case around two to three years ago of Narinder Singh Rao wherein his father had expired, leaving only a piece of paper which stated that his wife would be inheriting all the fortune. That paper or the will was signed only by one witness and also was not registered. The widow later gave the entire fortune to only one out of her nine children. The other eight appealed for the property in the court stating the will to be invalid. The Supreme Court took the decision in favour of the children stating that the ‘will’ would be considered invalid as it was attested by only one person and not two.
So this case teaches us two things: a 1. Important document such as will needs to be properly attested. 2. Registration of the documents.
ATTESTATION OF WILL
a ‘will’ would be valid only if it has been attested by at least two independent witnesses, those two witnesses should not be benefiting from the will. This implies that a person cannot be a beneficiary and also a witness at the same time.
COMPULSORY REGISTRATION OF WILL
under the section 17 of Indian Registration Act, it is stated that instruments that assign interest in the immovable property needs to be registered. Hence it is highly advisable that documents like gift deeds and sales deed must be mandatorily and properly registered. If one fails to do so then the transfer will be considered as invalid by the law. Registering also helps in providing a greater amount of transparency.
OPTIONAL REGISTRATION OF DOCUMENTS
it’s not like all documents require registration under the Act. Though it is advised by experts to get all the documents registered, compulsory or not, for safety. A will would be valid even if it is written on a simple piece of paper and signed by two witnesses; however it becomes a lot more credible, also reduces any chances of court battles.
So this case teaches us two things: a 1. Important document such as will needs to be properly attested. 2. Registration of the documents.
ATTESTATION OF WILL
a ‘will’ would be valid only if it has been attested by at least two independent witnesses, those two witnesses should not be benefiting from the will. This implies that a person cannot be a beneficiary and also a witness at the same time.
COMPULSORY REGISTRATION OF WILL
under the section 17 of Indian Registration Act, it is stated that instruments that assign interest in the immovable property needs to be registered. Hence it is highly advisable that documents like gift deeds and sales deed must be mandatorily and properly registered. If one fails to do so then the transfer will be considered as invalid by the law. Registering also helps in providing a greater amount of transparency.
OPTIONAL REGISTRATION OF DOCUMENTS
it’s not like all documents require registration under the Act. Though it is advised by experts to get all the documents registered, compulsory or not, for safety. A will would be valid even if it is written on a simple piece of paper and signed by two witnesses; however it becomes a lot more credible, also reduces any chances of court battles.
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