IGR Delhi Circular 2021 - Complete Property Registration Guidelines for All Sub Registrar Offices

This circular supersedes the earlier guidelines dated 12/11/2014 and provides comprehensive rules for all 21 Sub Registrar Offices in Delhi. Below is a section-wise summary of the key provisions that affect every property transaction in Delhi.

1. Compulsory vs Optional Registration

Compulsory Registration (Section 17): Sale Deed, Gift Deed, Partition Deed, Mortgage Deed, Lease Deed for term exceeding one year, and other non-testamentary instruments creating or extinguishing rights in immovable property valued at Rs.100 or more.

Optional Registration (Section 18): Will, General Power of Attorney (GPA), Lease Deed for term less than one year, and instruments relating to immovable property valued less than Rs.100.

2. Document Presentation Rules

• Original photographs of parties must be pasted on both the original document and the second copy meant for SRO records
• All documents (except Will) must be presented for registration within 4 months of execution
• If presented beyond 4 months, the Registrar may allow it on payment of fine up to 10 times the registration fee - but the total delay cannot exceed 4 additional months (8 months total)
• Compulsory documents must be presented at the SRO in whose jurisdiction the property is situated
• Optional documents (GPA, etc.) can be presented at the SRO where the principal/executant resides
• Will can be registered at any SRO in Delhi

3. Aadhaar Identification

Aadhaar Number or Enrolment Slip is required for identification of all parties. If a person has an enrolment slip but not the Aadhaar card, they can still avail services. If they have neither, they must apply for Aadhaar enrollment first.

4. Admission of Execution

The Sub Registrar must record that the person executing the document has admitted execution and is fully aware of the salient features and contents of the instrument.

5. Stamp Duty

All Sub Registrars must charge stamp duty as per the schedule applicable on the date of execution of the instrument - not the date of presentation.

6. Same-Day Endorsement

Sub Registrars must sign the endorsement under Section 52 and 58 of the Registration Act immediately on the same day when the party submits the duly executed instrument. No delay is permitted.

7. Deficiency Memo

If there is any discrepancy in the document, the Sub Registrar must issue a system-generated deficiency memo through DORIS immediately on the same day. Manual deficiency memos are not permitted. The document cannot be kept pending after the deficiency is removed or the time period expires.

8. Dispute/Objection Procedure

• Any dispute information received must be uploaded on DORIS the same day
• Sub Registrar gives only an online system-generated notice through DORIS providing 3 days to produce a court stay order
• The Sub Registrar cannot keep any document pending on the ground of a complaint unless there is a court stay order maintaining status quo or restraining the transfer

9. Registration and Delivery Timeline

Any document without dispute or discrepancy must be registered latest by the next working day after presentation. Delivery of the registered document must be done on the same day of registration, between 15:00 to 17:00 hours.

10. Title Enquiry - SRO Has No Power

Under the Indian Registration Act, no power has been conferred upon the Sub Registrar to examine or enquire into the title of the property. The SRO only ensures that the executant admits execution and the property is properly identified in the instrument. Title verification is the responsibility of the parties themselves.

11. Documents Through Attorney

• Documents may be presented through an agent authorized by Power of Attorney as per Section 33 of the Registration Act
• The attorney is valid only during the lifetime of the executant - the Sub Registrar must satisfy himself that the executant is still alive

12. Power of Attorney Clarifications

Jurisdiction: A POA may be executed at the SRO where the executant/principal resides - irrespective of where the property is located.

GPA in Nature of Sale: Sub Registrars must examine the contents of every GPA. If a document titled "General Power of Attorney" contains any of these indicative clauses, it shall be deemed a Conveyance and referred to the Collector of Stamps for full stamp duty:

• (a) Consideration has been paid for execution of the POA
• (b) The POA is "irrevocable" in nature
• (c) The POA empowers the attorney to sell, gift, exchange or permanently alienate the property and consideration is receivable in the name of the executant
• (d) Possession of the property has been transferred to the attorney through the GPA

13. Undervalued Instruments

If the Sub Registrar believes the property value or consideration has not been truly stated, they may (after registering the instrument) refer it to the Collector for determination of the correct value and proper stamp duty payable.

14. Impounding of Documents

Documents should not be impounded as a routine matter. Only in genuine cases where stamp duty is found deficient should the instrument be impounded under Section 33 of the Indian Stamp Act. The Sub Registrar must first endorse Section 52 and 58, then refer to the Collector of Stamps.

19. MCD Booked Properties

Sub Registrars must use the details of all properties booked by MCD as unauthorized. It is the duty of the Sub Registrar to mention if the building is unsafe or has unauthorized construction at the time of registration. However, registration of the transaction does not debar any action to enforce building bylaws or structural safety norms.

20. Suraj Lamp Judgment Clarification

The circular clarifies that the Supreme Court judgment in Suraj Lamp case has not questioned the power or jurisdiction of Sub Registrars regarding registration. For leasehold properties, transfer through assignment of lease is a compulsory registrable document. Agreement to sell in respect of immovable property is covered under Section 17(1-A) and is a valid document that Sub Registrars cannot refuse to register.

21. Builder Buyer / Collaboration Agreements

Developer/collaboration agreements where the owner transfers property for development against consideration are compulsory registrable under Section 17(1-A), chargeable to stamp duty under Article 23A. Builder buyer agreements where possession is handed over against consideration must also be registered.