As per Order No.F.1(7)Regn./DC/2001/372 dt.22.10.2001. Any Agreement to Sell (ATS) in Delhi is compulsory registration required with the concerned area Sub Registrar Office w.e.f. 24.09.2001.

The Registration and other related laws (Amendment Act) 2001, Act No.48 of 2001 has been published in the Gazette of India Extraordinary Part-II vide the Ministry of Law, Justice & Company Affairs (Legislative Department), Government of India Notification No.56 dated 24th September 2001, after it received the assent of President of India on 24.09.2001.

The Amendment Act Provides for some new provisions/sections in the Indian Registration Act, Indian Stamp Act & amendments of certain sections of transfer of property Act and Indian Registration Act. Some of the pvosisions of Indian Registration Act have also been delted altogether. In view of these changes all concered are directed to take specific note of amendment/additions/deletion in the various Acts for their implementation as per the Registration & other related law (Amendment) Act, 2001 and inter-alia are required to specifically bear following points in mind:-

1. As per Section 17(1A) of the Registration Act 1908 and the article 23 A of the Schedule I of the Indian Stamp Act 1899 the contracts to transfer for consideration of any immovable property for the purpose of Section 53 A of the Transfer of Property Act, 1882 shall be registered by the Registering Office after charging the stamp duty at the rate of 90% of the duty as conveyance (No.23). While registering the documents relating to completion of transaction referred to hereinabove, the balance of 10% shall be recovered from the parties under the said section.
2. Section 30 (2) and Section 67 of the Registration Act have been omitted from the existing act. Accordingly all Tehsildars (Executive Magistrate) and other revenue authorities are hereby directed not to take cognizance of any document, whatsoever, registered on or after 24.09.2001 in the metropolitan cities of Mumbai, Calcutta, Chenna for any purpose, whatsoever.
3. As per insertion of Section 32 (A) of the Registration Act vide notification in question, the person presenting any document at the proper registration office shall affix his passport size Photograph and fingerprints to the documents. It also provides that where such documents relate to transfer of ownership of immovable property, the passport size photograph and fingerprints of each buter and seller shall also be affixed to the document.
4. Section 16A : This sectio has also been inserted to the Registration Act 1908 which provides that the books maintained by the Registering Officers may also be kept in computer floppies or diskettes or in any other electronic form to safeguard the record and it further provides that notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under Sub Section (I) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of seb section 5 of that section.

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