Office of sub-registrar in India: Role, key responsibilities, powers

Under the Registration Act 1905, any change in property ownership must be registered with the sub-registrar’s office to have legal validity, if the amount involved in the transaction is more than Rs 100. That practically brings every property transaction under the purview of the law, making the registration mandatory.

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Property registration is a lengthy and complex process, overseen by the revenue department of a state ─ land being a state subject in the country. The official in-charge of this process is the sub-registrar of the area concerned.

Who is a sub-registrar? What does he do?

Appointed by the state revenue department, sub-registrars are Class-1 officers chosen through the Public Service Commission. Appointed under Section 6 of the Registration Act, they report to the Inspector-General of Registration in the state revenue department.

What are the duties of a sub-registrar?

The duties of a sub-registrar are prescribed under the provisions of various laws, including the Registration Act and the Indian Stamp Act. Their duties mainly involve the following tasks:

Registration of deeds in accordance with the Registration Act, along with the relevant provisions of various other laws.
Collection of prescribed stamp duty and registration fee.
Detection and institution of under-valuation stamp cases under Sections 47-A, and 47-2 (a) of the Indian Stamp Act, 1899.
Adjudication, impounding, and validation of documents under the provisions of the Indian Stamp Act.
Periodical inspection and verification of the registers maintained by the licensed deed writers and vendors.
Issuance of certified copies of registered deeds.
Issuance of encumbrance certificates for immovable properties registered in his office.
Preservation of original copies of all registered documents.
Solemnisation and registration of marriages under Special Marriage Act.

What are the powers of a sub-registrar?

The sub-registrar enjoys the following powers under various laws in India.

To supervise his staff as the head of the office.
Drawing and disbursing officer of the office.
Registering officer under the provisions of the Registration Act.
Stamp collector under Section 47-A and Section 40 of the Indian Stamp Act.
Marriage officer under Special Marriage Act, and Rules.
PIO under the provisions of the RTI Act.
Officer and ex-officio departmental stamp vendor to vend non-judicial stamp paper through electronic franking machine.

Can a sub-registrar reject a property registration application?

The sub-registrar has the power to reject a property registration application if he finds any discrepancies in the documents or if he notices any undervaluation of the property or finds any factual mistake in the paper.

Latest court orders and power and duties of sub-registrars in India

Sub-registrars cannot refuse registry to non-production of prior deed for transfer of possessory rights: Kerala HC

The sub-registrar can’t refuse registration to those transferring possessory rights on the ground that they failed to produce prior title documents, the Kerala High Court has held.

“The persons executing the document can only transfer the right that they have and merely because they are purporting to transfer possessory rights and they are not able to produce any prior documents cannot be a ground for the sub-registrar to refuse registration,” it said.

The possession is based on a lease, or under a title, and it is not a matter of enquiry by the sub-registrar, the court added in its order dated July 23, 2023.

Sub-registrar can’t refuse to register mortgaged, attached property: Madras HC

The Madras High Court in February 2023 said sub-registrars in Tamil Nadu can’t refuse registration of deeds for mortgaged or attached immovable properties. In 2022, the Tamil Nadu commercial taxes and registration department amended the registration rules under the Registration Act 1908, endowing more powers to sub-registrars.

The new rule was illegal and will completely nullify Section 48 and Section 56 of the Transfer of Property Act, the Madras HC said. “The limitation period for redeeming a mortgage is 30 years… the new rule has the effect of completely nullifying Sections 48 and 56 of the Transfer of Property Act that empower owners to deal with properties that had been mortgaged,” the judge said.

“It would be clearly illegal and violative of a citizen’s right to deal with his property besides infringing Article 300-A of the Constitution. It does not bear repetition that Article 300-A has been recognized as a human right,” the HC said in its judgement.

Sub-registrar can’t cancel duly registered sale deed unilaterally: Madras HC

The stamp and registration department has no power to cancel a sale or conveyance deed that has been registered following the prescribed rules, the Madras High Court has ruled.

“The Registration Act (1907) does not deal with unilateral cancellation of a sale deed. The act does not confer any power to the registrar to cancel a document which had been registered as per the act,” said a three-judge bench.

“The registrar has no power to accept the deed of cancellation to nullify the deed of conveyance made earlier, when the deed of conveyance has already been acted upon by the transferee,” it added, while referring to several previous judgments passed by the apex court in cases pertaining to the same issue.

The HC also said that an aggrieved party in such cases can file a writ petition to challenge or nullify a registered sale deed as approaching a civil court is not required.

FAQs

Who is a sub-registrar?

A sub-registrar is an entry-level officer of the state revenue department. He is appointed as a public servant under the Section 6 of the Registration Act.

Which law has established the office of the sub-registrar?

The office of the sub-registrar is established under Section 6 of the Registration Act 1905. What are the main duties of a sub-registrar? The main duties of a sub-registrar include: (a) Sub-registrars are the registering officers with jurisdiction over specific areas. (b) They take independent decisions on the classification of documents, charge ability of stamp duty and registration fee, etc. (c) They are the custodians of records relating to all the deeds registered in their offices, required to be preserved for eternity. (d) Sub-registrars are also the ex-officio stamp vendor of non-judicial stamps. They are the drawing and disbursing officer for their offices.

What is the office timing of the sub-registrar?

While the timings may differ from state-to-state, the offices of the sub-registrar typically function between 9 AM and 6 PM on all working days.

Will I have to visit the sub-registrar’s office even when I registered the property online?

States have mostly brought the property registration procedure online. While a large part of this process can be completed online using the official website of the respective revenue departments, the buyer along with the seller and the witnesses have to appear in the office of the sub-registrar for physical verification of documents and parties involved in the transaction.

Can I book an appointment for the sub-registrar’s office offline?

In most states in India, one has to book the appointment at the sub-registrar’s office online.

Can a sub-registrar reject a property registration application?

Yes, a sub-registrar can reject a property registration application based on several grounds, including issues with the property papers.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

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Sunita Mishra

An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.

In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com