By Registering a property deed or Will in Kolkata typically requires a trip to the local ADSR office. For the elderly or bedridden, this physical requirement is often impossible. However, the West Bengal Registration Rules allow a legal alternative: the government can come to your doorstep.
Known as a “Commission Visit” under Section 31, this process permits the Sub-Registrar to record signatures and biometrics at a private residence. This guide breaks down the exact steps to secure a home visit, from calculating the Article J fees on e-Nathikaran to drafting the mandatory medical application.
How to Register Property or Wills at Home in Kolkata
The complete administrative guide to Section 31 visits, commission fees, and navigating the e-Nathikaran system for the elderly and infirm.
The registration of documents in India usually demands physical presence at a government office. This rule exists to prevent fraud and coercion. For the elderly, the bedridden, or those in hospitals, this requirement creates a significant barrier. The law in West Bengal provides a solution.
Under the Registration Act, 1908, specifically Sections 31, 33, and 38, the State can travel to the Citizen. This process is often called “Commission Registration.” It is not a simple premium service for the wealthy; it is a discretionary relief based on necessity. You must prove “special cause” to access it.
Quick Summary: The “Special Cause” Rule
You cannot request a home visit just to avoid traffic. The Registering Officer (RO) functions as a quasi-judicial authority who must approve your reason. Valid causes include:
- Bodily Infirmity: Risk or serious inconvenience in movement (Medical Certificate required).
- Incarceration: Civil or criminal confinement.
- Exemption by Law: “Pardanashin” women exempt from public appearance under Section 132 of CPC.
Check Eligibility: Do you qualify for Section 31?
1. Why are you requesting a home visit?
The Workflow Visualized
Understanding the hybrid process of digital application and physical visit is important. We have visualized the timeline below.
Figure 1: The Timeline of a Commission Visit in West Bengal.
Step 1: Digital Preparation (e-Nathikaran)
Before any officer visits your home, a digital footprint must exist. The West Bengal Directorate of Registration uses the e-Nathikaran platform. You cannot skip this step.
Start by visiting wbregistration.gov.in. You will complete the “e-Requisition Form.” This form calculates the Stamp Duty based on the property’s Mouza and JL Number. If you are registering a Will, the calculation is simpler.
Important Note on Payments: While the system calculates standard Stamp Duty, it often omits the specific “Visit Fees.” These must be paid later as “Deficit Fees” or via a separate challan under the Miscellaneous head once the officer approves your home visit.
Step 2: Understanding the Visit Type
Not all home visits are the same. The legal distinction dictates who visits you and how much it costs.
| Scenario | Legal Section | Who Visits? | Typical Fee (Article) |
|---|---|---|---|
| Presentation Handing over the deed to start the process |
Section 31 | Gazetted Officer (Sub-Registrar) |
Rs. 250 (Article J) |
| Admission Admitting signature after presentation |
Section 38 | Commission Staff (Moharrir/Clerk) |
Rs. 50 (Article K) |
| Power of Attorney Verifying Principal’s identity |
Section 33 | Commission Staff or Officer |
Rs. 50 + Rs. 50 (Article K + H) |
The Medical Certificate Protocol
The Medical Certificate is the linchpin of your application. A generic prescription on a doctor’s letterhead stating the patient is “unwell” is frequently rejected by the District Registrar.
Language Matters
The certificate MUST explicitly state that the patient is “unable to move” or “bedridden” and that travelling to the office would be “detrimental to their health.” It should be recent (issued within 7 days of the application).
The “Risk of Mortality” Clause
A common tragedy in home visits involves the death of the testator (patient) after the visit but before the final deed is registered. Under Section 52(1)(a) and Section 61, the process is only complete when the deed is copied into the book.
If the patient dies after signing but before the officer accepts the admission:
- The process does NOT automatically finish.
- Legal heirs may need to step in to admit execution under Section 35.
- Actionable Advice: Ensure the “Admission of Execution” (Step 2) happens immediately during the visit. Do not let the officer leave saying “I will sign the admission later in the office.” Insist on the endorsement being made on the spot.
Interactive Document Checklist
Use this tool to ensure you have the physical files ready before the officer arrives. Missing documents can lead to the cancellation of the visit.
Original Deed (Drafted & Printed)
Printed on legal size bond paper or cartridge paper.
Medical Certificate (Original)
From a registered practitioner, with Reg No.
Aadhaar Cards (Original + Copy)
For the Executant (Patient) and all Claimants.
PAN Card / Form 60
Mandatory for property transactions over Rs. 10 Lakhs.
Passport Photos (2 Copies)
Recent color photos with a white background.
Thumb Impression Sheet (T.I. Sheet)
Often required in duplicate. Ask the Moharrir beforehand.
Troubleshooting Biometrics for the Elderly
A common point of failure during home visits is the biometric capture. Elderly individuals often have faint or worn-out fingerprints (ridges), making digital scanners ineffective.
The Problem
Dry skin and age can make fingerprints unreadable by the officer’s portable scanner. If the scanner fails 3 times, the system might lock or require a manual override.
The Solution
- Hydrate: Apply non-greasy moisturizer to the fingertips 30 minutes before the visit.
- Clean: Ensure hands are free of oil or food residue.
- Manual Backup: Ensure the officer or Moharrir brings a high-quality “Black Ink Pad” for physical prints on the T.I. Sheet if the digital scan fails.
Step 3: Jurisdiction and Logistics
In Kolkata, jurisdiction is strict. If the property is in Alipore, you generally apply to the ADSR Alipore. However, the Registrar of Assurances (RA), Kolkata at 5, Government Place North, holds concurrent jurisdiction over the district.
Interactive Office Finder
Filter commonly used offices for home visits in the Kolkata Metropolitan Area.
For NRIs and Power of Attorney Holders
Kolkata sees a high volume of NRI property registrations. If the owner is abroad, they often use a Power of Attorney (POA). However, if the POA holder themselves requires a home visit, additional layers of complexity arise.
The “Life Certificate” Hurdle
If a POA holder is executing a sale deed via a home visit, the Registrar may demand proof that the Principal (the actual owner abroad) is still alive.
Solution: Ensure you have a ‘Life Certificate’ issued by a medical practitioner or the Indian Consulate in the Principal’s country, dated within 30 days of the transaction.
Visit Cost Estimator
This tool estimates the extra administrative cost for the home visit. This does not include Stamp Duty or Lawyer fees.
*Excludes unofficial tips/handling charges.
The Physical Application
Once your digital form is ready, you must submit a physical application to the Sub-Registrar. This is not just a booking request; it is a legal affidavit.
Application Template
The Witness Protocol
The registration is incomplete without valid witnesses. The requirements differ slightly for Wills and general deeds.
For Wills (Testaments)
Requires: 2 Witnesses.
They must see the testator sign. Crucially, a beneficiary (someone inheriting property) cannot be a witness, or their inheritance becomes void.
For Sale/Gift Deeds
Requires: 2 Witnesses.
Usually, one witness is the identifier (often the lawyer) and the second is a local neighbor or relative who can vouch for the identity of the executant.
The Role of the Moharrir (Scribe)
You may be surprised to see two people arrive at your home instead of one. The Sub-Registrar is a Gazetted Officer who carries the legal authority. Accompanying them is usually a “Moharrir” or an office clerk.
- Logistics: The Moharrir carries the heavy ledger books (if manual), the biometric device, the ink pads, and the Commission Warrant.
- Preparation: They will prepare the “Thumb Impression Sheet” and paste the photographs on the deed.
- Fees: While the officer’s fee (Article J) is deposited in the bank, the Moharrir’s fee (Article K) is technically for the government, but they are the ones who physically execute the work.
Day of Visit: A Practical Guide
Ensure the room is ready before the vehicle arrives. The visit is usually brief (15-20 minutes). Delays can irritate the officials and jeopardize the process.
Room Setup Checklist
- 💡 Lighting: Ensure the bed area is well-lit for the official photograph.
- 🪑 Seating: Provide two clean chairs near the bedside for the Officer and Clerk.
- 📋 Hard Surface: Keep a clipboard or hardcover book ready so the patient can sign without the paper tearing on the mattress.
- 🤫 Privacy: If it is a Will, ensure no one other than the witnesses is in the immediate vicinity to prevent claims of “Undue Influence” later.
Reality Check: Logistics in Kolkata
While the law is clear, the ground reality requires tact.
- Transport: Officers rarely use their own vehicles for Section 31 visits. You are expected to provide a sanitized, comfortable car for pick-up and drop-off from the ADSR office.
- Timing: Do not expect the officer during peak hours (11 AM – 3 PM). Visits usually happen early morning (on the way to office) or late evening (after 5:30 PM).
- Hospitality: While not mandatory, basic hospitality (tea/water) is culturally expected, but avoid offering gifts that could be construed as bribery.
Statutory Costs
Do not rely on informal quotes. The government fees are fixed by the West Bengal Registration Rules.
- Article J(1): Officer’s Visit Fee (Presentation) Rs. 250
- Article K(1): Commission Fee (Admission) Rs. 50
- Article H: Power of Attorney Authentication Rs. 50 – 100
- *Travelling Allowance (TA) is extra and calculated per km.
After the Visit: What Next?
The officer leaving your home does not mean the work is done. The deed is not instantly generated.
- Biometric Sync: The officer returns to the office and syncs the captured thumbprints into the central server.
- Deed Generation: The final Deed Number is generated.
- IGR Receipt: You (or your lawyer) must visit the office a few days later to collect the IGR Receipt.
- Deed Delivery: The final registered deed is usually delivered anywhere between 1 month to 6 months later, depending on the backlog at the specific ADSR.
Common Questions (FAQ)
Yes, you can. If you have the medical certificate and can draft the application yourself, you can approach the ADSR office directly. However, coordinating the officer’s transport and ensuring the witnesses are present at the exact time can be challenging without assistance.
The Officer has discretion. If they refuse, you can appeal to the District Registrar under Section 72 of the Act within 30 days. You must prove that the “special cause” was valid.
Officers often schedule home visits after 5:00 PM on weekdays or during weekends/holidays to avoid disrupting normal office work. This depends entirely on the specific officer’s schedule.
Currently, the rules mandate capturing the photo, fingerprint, and signature. Officers often take a photo of the executant signing the deed at the bedside. Full video recording is not yet standard practice in all WB jurisdictions but is recommended for contentious Wills.
A Note on Biometrics
At the office, fingerprints are scanned digitally. At home, the officer will use a manual ink pad and “Thumb Impression Sheets.” Ensure the patient’s hands are clean and dry to avoid rejected prints.
