Documents Must Be Registered Within Four Months, By Law
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
What is the time limit for registration of documents? Also, could you please tell me about the procedure to create a deed of confirmation and the legal status of a deed wherein the vendor dies before registration of the deed?
- Vinay Gupta, Pune
All important documents should be registered within four months from the date of its execution. If they have not been registered within four months from the date of its execution, they can still be registered within an additional period of four months from the date of expiry of the first four months. This can be done after a making a penalty payment for presenting the document late for registration which the Registrar can impose.
Sometimes, these penalty fees can be up to ten times of the actual registration fees. Even after eight months have passed since the execution date, if a party wants to register a document then a deed of confirmation should be prepared. In such cases, the document which is up for registration should be attached as annexure to the deed of confirmation.
The deed of confirmation narrating the facts and particulars of the original document should be prepared on stamp paper of Rs 100. Proper stamp duty along with penalty up to the date of registration should be paid on the original document.
The confirmation deed should be signed by all parties to the document. However, when it is difficult to get a sellers consent on such a confirmation deed, subject to compliance of certain formalities, it is also possible to get confirmation deed registered even if it is signed by purchaser alone as a self declaration. For example, if the vendor dies after signing the document but before the registration of such a document, it can be difficult to complete the registration formalities within four months of the statutory time limit or even during the additional four months. The legal heirs of the deceased would then have to comply with the registration formalities.
In this case, purchasers have two options. In the first option, they can apply to the court for a suitable order to authorise one of the legal heirs to represent the deceased vendor before the Registrar to complete the legal formalities of registration. Very often, it is difficult to get a Court’s authority within four months or some times even during further extended four months’ period.
The second option available to the purchaser is to prepare a deed of confirmation stating all the facts of the original deed and also clearly state the happening of the death of the vendor. This deed of confirmation is to be signed by the purchaser and all the legal heirs of the vendor. This deed of confirmation and its attached annexure i.e. the original deed along with the deceased vendor’s death certificate and NOC from the legal heirs of the deceased should be rendered. All these documents should be sent for registration. Though only the deed of confirmation will be registered, doing this may help the purchaser against claim of any right in the property in the future by any legal heirs of the deceased vendor.
Procedure to transfer shares of member
Being the secretary of a cooperative housing society, I am faced with an issue that comes up every now and then. In case of a deceased member, after giving a public notice and making such inquiries as the Committee considers proper, is it empowered to decide as to who is the heir or legal representative of the deceased member? And, what is the procedure to do so?
— Sushant Gadhvi, Aurangabad
As per Model Bye-laws number 17 and 19 on the death of a member, the society shall transfer the shares and interest of the deceased member in the Capital/Property of the Society to the nominee/nominees. If there is more than one nominee, on the death of a member, such nominees shall make joint application to the Society and indicate the name of one of the nominees who should be enrolled as member. The other nominees shall be enrolled as joint/associate members unless the nominees indicate otherwise.
The nominees shall also file an Indemnity Bond in the prescribed form indemnifying the Society against any claims made to the shares and interest of the deceased member in the Capital/Property of the Society by any of them in case only one nominee is indicated by the nominees for membership of the Society. As per model bye-law number 37, where a member of the Society shall invite within one month of his death, claims or objections to the proposed transfer of shares and interest of the deceased member, in the capital/property of the Society, by public notice, in the prescribed form exhibited on the notice-board of the Society.
It will also publish such notice in at least two local newspapers, having wide circulation. The entire expenses of publication of the notice can be recoverable from the value of Shares and Interest of the deceased member in the capital/property of the Society.
After taking into consideration the claims or objections received in response to the said notice and after making such inquiries as the Committee considers proper, the committee shall decide as to the person, who in its opinion, is the heir or legal representative of the deceased member.
Such a person will be eligible to be a member of the Society subject to the provisions of the bye-laws number 17 (a) and 19, provided that he give the Indemnity Bond in the prescribed form, indemnifying the Society, against any claims made to the Shares and Interest of the deceased member in the capital/property of the Society, at any time in future.
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