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Document Execution Checker (India)

Stamp, register, attest, notarise or e-sign? The rule for 19 documents, with the law.

Legal India No upload Works offline Free, no sign-up

Document

Type a name — “11 month rent”, “gift to son”, “NDA” — or pick from the list.

Property

Family and succession

Business and money

Declarations and personal

Sale deed (land, house or flat)

Transfers ownership of immovable property for a price.

Stamp duty

Required Yes — as a conveyance

Chargeable as a conveyance under the State’s Stamp Act (Art. 23 of the central Schedule I), usually on the market value or the price, whichever is higher. Stamp it before or at execution (s.17): an unstamped or under-stamped deed cannot be admitted in evidence, acted upon or registered until the duty and a penalty are paid (s.35).

Law: Indian Stamp Act, 1899, ss.3, 17, 35; Sch. I, Art. 23

Registration

Required Compulsory

Tangible immovable property worth ₹100 or more can be sold only by a registered instrument (TPA s.54; Registration Act s.17(1)(b)). Present it for registration within four months of execution (Registration Act s.23). The buyer’s and seller’s photographs and fingerprints are affixed to it (s.32A). Unregistered, it does not affect the property and cannot be received as evidence of the sale (s.49).

Law: Transfer of Property Act, 1882, s.54; Registration Act, 1908, ss.17(1)(b), 23, 32A, 49

Witnesses

Not needed Not required by law

The Transfer of Property Act does not require a sale deed to be attested. The Sub-Registrar must satisfy himself of the identity of the people executing it (Registration Act s.34(3)), so offices ask for identity proof, and two witnesses usually sign in practice.

Law: Registration Act, 1908, s.34(3)

Notary

Not needed Not needed

Registration takes the place of notarisation; a notarised but unregistered sale deed transfers nothing.

e-Signature

Depends IT Act allows; registration rules decide

Contracts for the sale or conveyance of immovable property were taken out of the IT Act’s First Schedule by notification S.O. 4720(E). The IT Act does not exclude it, but a registered document must be presented at the registration office and its executants must appear (Registration Act ss.32, 34) — so it is signed on paper unless your State’s registration system accepts documents presented electronically, as Gujarat’s amendments to ss.32 and 34 provide.

Law: Information Technology Act, 2000, ss.1(4), 3A, 5 and First Schedule; Registration Act, 1908, ss.32, 34

Draft or check it: Property documents checklist · Stamp duty calculator

Stamp-duty articles are those of the central Indian Stamp Act; your State’s Act sets its own article and rate. Not legal advice.

Registration deadline

Four months from the day each executant signs (Registration Act ss.23, 24); a late document may be accepted within four more months on a fine (s.25).

Compare all documents

Document Stamp dutyRegistrationWitnessesNotarye-Signature
Yes — as a conveyance Compulsory Not required by law Not needed IT Act allows; registration rules decide
Yes — as an agreement, or more with possession Optional — compulsory for s.53A and in some States Not required by law Optional Allowed by the IT Act
Yes — as a gift Compulsory, whatever the value At least two attesting witnesses Not needed IT Act allows; attestation and registration decide
No stamp duty Optional At least two attesting witnesses Not needed Excluded — sign on paper
Yes — as a power of attorney Optional — compulsory for property POAs in some States Not required by law Usual — it gives a legal presumption Excluded (narrow exception)
Yes — as a lease Compulsory Not required by law Not needed IT Act allows; registration rules decide
Yes — as a lease or licence Optional — compulsory in parts of Maharashtra Not required by law Optional Allowed
Yes — as a mortgage Compulsory (₹100 or more) At least two attesting witnesses Not needed IT Act allows; attestation and registration decide
Yes, on a written memorandum Not for the deposit itself Not required by law Not needed The deposit is physical
Yes — as a release Compulsory (immovable property) Not required by law Not needed IT Act allows; registration rules decide
Yes — as a partition Compulsory (immovable property) Not required by law Not needed IT Act allows; registration rules decide
Yes — as a trust Compulsory for immovable property Not required by law Not needed Excluded — sign on paper
Yes — as a partnership Register the firm, not the deed Not required by law Not required by law Allowed
Yes, unless for a court Not registered None — it is sworn Sworn before a notary or oath commissioner Only under the authority’s rules
Yes — as an indemnity bond Not needed Not required by law Often asked for Allowed by the IT Act
Yes — one national rate Not needed Not required by law Not needed Excluded (narrow exception)
Yes — usually as an agreement Not needed Not required by law Optional Allowed
Yes — as an adoption deed Optional — but it gives a presumption Not required by law Not needed IT Act allows; registration rules decide
Depends on the State Not under the Registration Act — report it to the RTO Not required by law Not needed Allowed

Electronic signatures: India, the US and the EU

India — Information Technology Act, 2000

IT Act ss.1(4), 3A, 5, 10A; First and Second Schedules

  • Where a law requires a signature, an electronic signature affixed in the prescribed manner satisfies it (s.5); a contract is not unenforceable only because it was formed electronically (s.10A).
  • A reliable electronic signature or authentication technique listed in the Second Schedule may be used (s.3A) — a digital signature certificate, or e-Sign based on Aadhaar or other e-KYC services.

Excluded

  • Negotiable instruments other than cheques — except demand promissory notes and bills of exchange issued in favour of, or endorsed by, entities regulated by the RBI, NHB, SEBI, IRDAI or PFRDA.
  • Powers of attorney — except those empowering such a regulated entity to act in the executant’s name.
  • Trusts as defined in the Indian Trusts Act.
  • Wills and any other testamentary disposition.

United States — ESIGN Act

15 U.S.C. §§7001, 7002, 7003

  • In a transaction in or affecting interstate or foreign commerce, a signature, contract or record may not be denied legal effect, validity or enforceability solely because it is electronic (§7001(a)).
  • Disclosures a law requires to be given to a consumer in writing may be given electronically only after the consumer’s affirmative consent, with the statements §7001(c) prescribes.
  • A notarisation, acknowledgment or oath requirement is met by the electronic signature of the person authorised to perform it, with the other information the law requires (§7001(g)).
  • A State may modify, limit or supersede §7001 for State law by enacting the Uniform Electronic Transactions Act, or alternative rules consistent with ESIGN (§7002).

Excluded

  • Wills, codicils and testamentary trusts; adoption, divorce and other family-law matters; most of the Uniform Commercial Code (§7003(a)).
  • Court orders, notices and official court documents (§7003(b)(1)).
  • Notices of cancellation of utility services; of default, foreclosure or eviction under a credit or rental agreement for a primary residence; of cancellation of health or life insurance; and of product recalls (§7003(b)(2)).
  • Documents that must accompany the transport or handling of hazardous materials (§7003(b)(3)).

European Union — eIDAS Regulation

Regulation (EU) No 910/2014, arts. 2(3), 3, 24a, 25, 26, as amended by Regulation (EU) 2024/1183

  • An electronic signature shall not be denied legal effect or admissibility as evidence solely because it is electronic or not qualified (art. 25(1)).
  • A qualified electronic signature — an advanced electronic signature created by a qualified signature creation device and based on a qualified certificate (art. 3(12)) — has the equivalent legal effect of a handwritten signature (art. 25(2)).
  • A qualified electronic signature based on a qualified certificate issued in one Member State is recognised as qualified in all the others (art. 24a(1), which the 2024 amendment moved from art. 25(3)).
  • An advanced electronic signature must be uniquely linked to and capable of identifying the signatory, created with data under the signatory’s sole control, and linked to the data so that any later change is detectable (art. 26).

What it does not change

  • eIDAS does not affect Union or national law on the conclusion and validity of contracts, other legal or procedural obligations relating to form, or sector-specific form requirements (art. 2(3)) — so national rules that demand a notarial deed or a handwritten form still apply.

Next steps

For general information only, not legal advice. Templates are generic starting points — have a qualified lawyer review anything you rely on.

About the Document Execution Checker (India)

Signing a document is rarely the last step. A sale or gift deed that is not registered does not transfer the property (Registration Act s.49); an instrument that is not stamped cannot be admitted in evidence until the duty and a penalty are paid (Indian Stamp Act s.35); a will or a gift deed without two attesting witnesses fails; and some — wills and trusts, and most powers of attorney and promissory notes — cannot be signed electronically under the IT Act at all.

Pick one of 19 common documents — sale deed, agreement to sell, gift, will, power of attorney, lease, rent agreement, mortgage, release, partition, deposit of title deeds, trust, partnership, affidavit, indemnity bond, promissory note, ordinary contracts, adoption deed, vehicle sale — to see, with the section behind each answer, whether stamp duty applies, whether registration is compulsory or optional, how many witnesses must attest, whether a notary is needed and whether an e-signature is valid. A calculator gives the four-month window for presenting a document for registration, and a summary covers the US ESIGN Act and the EU eIDAS Regulation. Nothing you type leaves your browser.

How to use it

  1. Search or pick the document — try “POA”, “11-month rent”, “gift to son” or “registry”.
  2. Read the five answers: stamp duty, registration, witnesses, notary and e-signature, each with the rule in plain English and the law.
  3. Check the State notes — Kerala, Odisha, Rajasthan, Gujarat and Maharashtra add registration rules for some documents, and every State sets its own stamp rates.
  4. If it must be registered, enter the execution date (one per executant who signs on a different day) to get the last day for presentation and the outer limit with a fine.
  5. Copy or download the checklist, compare all documents side by side, or download the comparison as CSV.

Examples

Gift of a flat to a son
Input
Gift deed (immovable property)
Result
Stamp duty as a gift (often concessional for family in State Acts); registration compulsory whatever the value; at least two attesting witnesses; e-signing not practical because of attestation and registration.
An 11-month rent agreement
Input
Rent or leave-and-licence agreement
Result
Stamp duty under the lease article; registration optional — except where the Maharashtra Rent Control Act applies (s.55); witnesses not required; e-signing allowed.
A will
Input
Will (and codicil)
Result
No stamp duty; registration optional; two attesting witnesses who take nothing under the will; electronic signature excluded by the IT Act.
Registration deadline
Input
Sale deed executed on 31 October 2026
Result
Present by 28 February 2027 (four months, s.23); with a fine and a good reason, the Registrar may accept it until 28 June 2027 (s.25).

Common uses

  • Checking before signing whether a property document must be registered, and by when.
  • Working out whether an 11-month rent agreement, a power of attorney or a family settlement needs registration in your State.
  • Deciding whether a contract, NDA or promissory note can be signed with Aadhaar e-Sign or a DSC.
  • Teaching or revising the Registration Act, the Stamp Act and the IT Act’s First Schedule.

Stamp duty: before or at signing

Stamp duty is a State subject, so rates and even article numbers differ between States; only bills of exchange, cheques, promissory notes, bills of lading, letters of credit, insurance policies, share transfers, debentures, proxies and receipts have rates fixed by Parliament (Constitution, Seventh Schedule, List I, entry 91). An instrument executed in India must be stamped before or at the time of execution (Indian Stamp Act s.17). If it is not, it cannot be admitted in evidence, registered or acted upon until the duty and a penalty are paid: under the central Act, ten times the deficient duty when a court admits it (s.35), or up to ten times when the Collector stamps it (s.40). State Acts set their own penalties. Pay on stamp paper, by franking or electronically, as your State allows.

Registration and the four-month window

  • Compulsory (Registration Act s.17): gifts of immovable property; other non-testamentary instruments that create, transfer or extinguish rights in immovable property worth ₹100 or more (sale, mortgage, release, partition); leases for more than a year or reserving a yearly rent; and agreements to sell relied on for part performance (s.17(1A)). Everything else, including wills, may be registered (s.18).
  • Time limit: present the document within four months of execution (s.23) — counted separately from each executant’s signature when they sign on different days (s.24). If the delay was due to urgent necessity or unavoidable accident, the Registrar may accept it within four further months on a fine of up to ten times the registration fee (s.25). A will may be presented at any time (s.27).
  • At the office: the executants appear before the Sub-Registrar, who checks their identity (s.34); photographs and fingerprints are affixed (s.32A). If the office is closed on the last day, presenting on the next day it is open is in time (General Clauses Act s.10).
  • If you skip it: an unregistered document that had to be registered does not affect the property and cannot be received as evidence of the transaction, except as evidence of a contract in a suit for specific performance or of a collateral transaction (s.49).

Witnesses and notaries

Only a few documents must be attested by law: wills (two witnesses, Indian Succession Act s.63), gifts of immovable property (two, TPA s.123) and mortgages of ₹100 or more (two, TPA s.59). Such a document cannot be used in evidence until at least one attesting witness, if alive and available, has been called to prove its execution — unless it is a registered document other than a will whose execution is not specifically denied (Bharatiya Sakshya Adhiniyam s.67). Elsewhere, witnesses are optional but help prove signatures. A notary verifies, authenticates or attests the execution of instruments and administers oaths (Notaries Act s.8); notarisation is not registration, and a notarised sale deed or gift deed transfers nothing.

Electronic signatures in India

An electronic signature satisfies a legal requirement to sign (IT Act s.5), and a contract is not unenforceable because it was formed electronically (s.10A); digital signature certificates and Aadhaar or other e-KYC based e-Sign are recognised techniques (s.3A, Second Schedule). The Act does not apply to the documents in its First Schedule (s.1(4)), which notification S.O. 4720(E) narrowed: negotiable instruments other than cheques (with an exception for demand promissory notes and bills of exchange in favour of RBI-, NHB-, SEBI-, IRDAI- or PFRDA-regulated entities), powers of attorney (except those empowering such entities), trusts and wills. Contracts for the sale or conveyance of immovable property are no longer excluded — but documents that must be registered still have to be presented at the registration office, so they are signed on paper unless the State’s system accepts electronic documents.

Sources

Limitations

  • A reference aid, not legal advice: confirm with a lawyer or the Sub-Registrar before you execute anything important.
  • Stamp-duty article numbers are those of the central Indian Stamp Act; your State’s Stamp Act has its own schedule, rates, concessions and penalties — it does not calculate the duty.
  • State amendments are listed only where India Code prints them under the Registration Act and the Maharashtra Rent Control Act; other State rules and local practice can add requirements.
  • Registration offices are moving online at different speeds; whether yours accepts electronic documents is a question for it.

Privacy

Everything happens in your browser. What you enter or open here is not uploaded or stored by MySmartCoPilot.

Frequently asked questions

Is registration of an 11-month rent agreement compulsory?

Not under the Registration Act: leases for one year or less are optionally registrable (s.18(c)). But where the Maharashtra Rent Control Act, 1999 applies, every leave-and-licence or letting agreement must be in writing and registered, and the landlord is responsible (s.55). Leases for more than a year must always be registered (s.17(1)(d)).

Can I e-sign a sale deed or an agreement to sell?

The IT Act no longer excludes contracts for the sale or conveyance of immovable property — notification S.O. 4720(E) removed them from the First Schedule. But a sale deed must be registered, and registration needs the document to be presented and the executants to appear (Registration Act ss.32, 34), so it works only where the State’s registration system accepts electronic documents.

How many witnesses does a will need, and can a beneficiary be one?

At least two (Indian Succession Act s.63). A beneficiary can witness without making the will invalid, but the gift to that witness — or to the witness’s spouse — becomes void (s.67), so choose witnesses who take nothing under the will.

What happens if a document that must be registered is not?

It does not affect the immovable property and cannot be received as evidence of the transaction (Registration Act s.49) — though it can be used as evidence of a contract in a suit for specific performance, or of a collateral transaction.

What if a document was not stamped, or stamped too little?

It cannot be admitted in evidence, registered or acted upon until the duty is paid with a penalty. Under the central Indian Stamp Act a court admits it on payment of the duty and ten times the deficient duty (s.35), and the Collector may charge a penalty of up to ten times (s.40); State Stamp Acts set their own penalties. Affidavits made to be filed or used in court are exempt from the affidavit article (Schedule I, Art. 4).

Is notarisation the same as registration?

No. A notary authenticates the execution of a document or administers an oath (Notaries Act s.8); registration is done by the Sub-Registrar under the Registration Act. A notarised sale or gift deed does not transfer property — it must be registered.

How long do I have to register a document?

Four months from execution (Registration Act s.23), counted from each signature when executants sign on different days (s.24). For urgent necessity or unavoidable accident, the Registrar may accept it within four more months on a fine of up to ten times the registration fee (s.25). Wills have no time limit (s.27).

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