Recently Government of Maharashtra announced One State One Registration Process in state for all kind of transaction takes places in respect of immovable property. Apparently, it seems to be a progressive move but it has pros and cons and practical difficulties.
Let us first understand which transactions are required to be registered with department of registration. As per 17 of Indian Registration Act, 1908 –
The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely,
(a)instruments of gift of immovable property;
(b)other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c)non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d)leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
In short whenever transfer of immovable property takes place its registration is mandatory with Sub-Registrar Office of Concern state. Under Indian Registration Act Sub-Registrar office has jurisdiction means they have power to registered transfer of property documents for limited area only. E.g. if you have property in Haveli Taluka of Pune District then one has to do its property registration within the limits of Sub-Registrar Office of Haveli he can’t do registration outside that office.
One State One Registration is going to change it and anyone can do property registration anywhere in Maharashtra State regardless of property location. Apparently, though it seems to be feasible and progressive step but it has many restrictions while implementing the same.
Advantages and Disadvantages of OSOR –
Advantages – as discussed above great advantage is one does not required to registered office situated far away for his registration is the only advantage.
Disadvantages –
- Lack of Capable Officers – Registration department is facing acute shortage of capable and knowledgeable officers for last many years.
- Complex Rules – Every sub-district is having different sort of rules for valuation as well as has restrictions on registration. Suppose a citizen registered its Pune property Sale Deed in Jalana, then it may take lot of time to register the same because Sub-Registrar in Jalana is not familiar with the complex rules of Pune City.
- Infrastructure – Still many registration offices are facing internet connectivity, lack of sufficient machinery and supporting items. Many times, even a bundle of printing paper is brought by citizens.
- Delay – Shortage of capable and knowledgeable staff may delay the process of document registration.
- Fraud – Even today many duplicate orders, documents are registered by crooks though they are physically presented. Registration department doesn’t any system or even law doesn’t empower it to check and verify authenticity of various documents so its easy to defraud and registered fraudulent documents in the offices far from property location.
- Difficulty in obtaining Certified Copy – To check and verify authenticity of a registered document one can obtain certified copy from Sub-Registrar Office but in case of registration of Pune’s property done in Nagpur then it’s not feasible to visit Nagpur and avail certified copy.
Nevertheless, government of Maharashtra will implement One State One Registration but one should do property registration where the property is located. It will be faster, easier and more importantly transparent
