1. SDM as the Registering Authority

In numerous jurisdictions, the SDM is additionally designated as the Sub-Registrar or Collector of Stamps (COS). For documents that necessitate compulsory registration (such as a Partition Deed), you must submit it to the Sub-Registrar’s office, which may be the SDM’s office executing that particular legal function under the Registration Act, 1908.

2. Requirement for Registration

The requirement for registration and the related costs are significantly influenced by the nature and content of the family agreement:

Partition Deed: If the document serves as an instrument that creates, declares, assigns, or limits rights in immovable property for the first time, it is legally classified as a Partition Deed. This document is mandatorily registrable under the Registration Act, 1908, and incurs considerable stamp duty in accordance with state regulations.

Memorandum of Family Settlement (MOFS): If the document simply records the terms of a family arrangement that was previously agreed upon orally and acted upon (functioning as an aide-mémoire), it is typically not subject to compulsory registration (as affirmed by various Supreme Court decisions). This type of document generally incurs a minimal stamp duty.

The Sub-Registrar (SDM) will assess the document’s content. If a document titled ‘Memorandum’ is determined to be dividing property for the first time, it will be classified as a Partition Deed and will incur the full stamp duty.

3. The Role of the SDM in Land Records (Mutation)

Even when a family agreement has been formally resolved and, if required, registered, the office of the SDM plays a vital role in land-related administrative tasks:

Mutation: Once the division of property is finalized, it is necessary to visit the SDM’s Revenue Court or the Tehsildar’s office to update the government land records (‘Jamabandi’ or ‘Khatauni’) to reflect the new individual ownership shares. This essential procedure is referred to as the mutation of land records.

Land Disputes: The SDM’s court serves as the administrative authority responsible for addressing various land revenue cases and associated disputes.