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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

Kiran Pvt Ltd presented a registrable lease deed for registration. The Sub-Registrar noticed the document was executed in Mumbai but the property is in Pune district. Under the Registration Act, 1908, what is the general rule on where a document affecting immovable property should be presented for registration?

A registrable document concerning immovable property must be presented at the Sub-Registrar's office within whose sub-district the whole or part of the property lies. The place of execution or the executant's residence does not determine the forum, so the Pune sub-district is the proper place here.

  1. AOnly at the office where the document was executed, wherever the property lies
  2. BAt the office of any Sub-Registrar in the State, at the choice of the parties
  3. COnly at the Registrar's office of the district where the executant resides
  4. DAt the office of the Sub-Registrar within whose sub-district the whole or part of the property is situatedCorrect

Explanation

For documents relating to immovable property, the Act requires presentation at the office of the Sub-Registrar in whose sub-district the whole or part of the property is situated. The place of execution or residence of the executant does not decide the forum. Hence the Mumbai execution is irrelevant.

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