PROCEDURE FOR THE REGISTRATION OF PROPERTY DOCUMENTS

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The Indian Registration Act, The Registration (Karnataka Amendment) Act 1975, The karnataka Registration Rules 1965, govern the registration of documents. all and sundry might have to be compelled to visit the workplace of registration for registering documents a minimum of once in his time period, however provisions of Registration Act stay unknown to common public.This text discusses sure provisions, rules of registration.

 

Language of the document

Our country may be a land of the many languages and there's no restriction on that language ought to be utilized in writing the documents. However it's additionally insufferable for the registering officer to understand all languages. Section19 of Indian Registration Act states that if any document during a language that isn't understood by the registering officer and may be a language not ordinarily utilized in the registering district, the registration could also be refused, unless such document is in the midst of a real translation into a language ordinarily utilized in district and additionally a real copy.

Karnataka Registration Rule No.11 has recognized following languages in districts and sub districts;

Kannada and English - All districts and sub districts within the State.

Telugu - Bellary district marathi - District of Belgaum, Bijapur, Dharwad and North Mysore and Sub-districts of Alland, Bidar, Gulbarga. Urdu - Districts of Bidar, Gulbarga, Raichur

Time for presenting the documents

The Act provides on by which period, the documents ought to be bestowed for registration. Each document should be bestowed for registration at intervals four months from the date of execution as per section23. the sole exception is can.

But if the document should be dead by many persons and every person executes at totally different times, such document should be bestowed for registration and re-registration at intervals four month from the date of every execution.

However, the registration of documents bestowed when the ending of 4 months is allowed on payment of fine as follows as per Section five of Indian Registration Act and Rule No.52 of Mysore Registration Rules.

a) wherever the delay doesn't exceed one week Fine adequate to registration fee b) wherever delay exceeds one week however doesn't exceed one period Fine adequate to doubly the registration fee c) wherever the delay exceeds one month however not 2 months Fine adequate to 5 times of registration fee. d) Wherever the delay exceeds 2 months however doesn't exceed four months Fine adequate to 10 times of registration fee. Wherever delay exceeds four months from the date of execution registration isn't allowed. The fine is collectible is additionally to regular registration fee.

Place for registering the documents

The documents that have an effect on stabile property have to be compelled to be bestowed for registration at the workplace of the sub registrar of the district in whose jurisdiction whole or some of such property falls as per section twenty eight and different documents not moving the stabile property or copy of decree or order could also be bestowed in any workplace of sub registrar in whose sub district the document was dead or within the workplace of the other sub-registrar below the authorities at that all persons death penalty and claiming below the document like. The decree or order may additionally be bestowed for registration within the workplace of the sub-registrar in whose sub-district the initial decree or order was created (Sec.28, 29).

Time from that registered document operates

A document that is registered shall be operative from the date of execution or from the go back that it had been to control as disclosed within the document and not from the date of registration (Sec 47).

All registered documents aside from can with reference to movable and stabile property shall have priority over oral agreements or declaration in reference to such property. however if such oral agreement or declaration is coupled by delivery of possession of the property and such possession constitutes a sound transfer below any law for the nonce operative, such oral agreement or declaration has priority over registered documents.

A can created after earlier registered can have priority over earlier created and registered can.A mortgage by deposit of title deeds shall have priority over any title later executed and registered, once each relate to an equivalent property (Sec.48).

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Duties of Registering Officer

The Registering officer should endorse the time; hour and place of registration and additionally the signature of the person presenting the document for registration on each document therefore bestowed and shall even be receipted. all and sundry who executes any document should admit such execution at the registering workplace either in person or through his punctually appointed agent or shall endorse such admission of execution. The endorsement shall contain the particulars like signature and addition of the person admitting the execution, the signature and addition of any agent admitting the execution, the signature and addition of each person examined in regard to such document below any provisions of the Registration Act, payments and delivery of any product created within the presence of the registering officer connected to the document bestowed for registration, admission of receipt of thought fully or partially created within the presence or registering officer.

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If a person admits the execution however refuses to endorse, the registering workplace shall register the document, however shall endorse the very fact of refusal. The provisions of admitting the execution and endorsement doesn't apply to repeat of decree or order and documents sent to registering officer below special provisions provided in Sec. eighty nine of the Act (Sec.58). All such endorsements shall be signed and dated by the registering officer.

After completion of method of registration the registering officer shall endorse a certificate on the document with the word “Registered” in conjunction with variety and details of storage of the document. The certificate of registration should be signed, dated and sealed by the registering officer (Sec. 60).

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THE LEGAL SCRUTINY REPORT MUST BE FOR A LONGER PERIOD

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The possession of land has originated from past times and has modified the hands through series of transactions. It’s vital to trace the possession of the one that is providing his property as security.One in every of the foremost necessary factors in verification of title is that the amount upto that the title needs to be derived to avoid any disputes. Generally, the tracing has 3 necessary steps; origin, flow, and gift standing.Most of the advocates trace the title for a amount of thirteen years solely.Many times, not even one group action might need taken place among this era. this era would solely take away the chances of adverse possession, wherever an individual apart from real owner would are in actual, peaceful, open, continuous and exclusive possession of stabile property for a amount of twelve years or a lot of in total denial of title to verity owner, in such things, such indweller of the property would get title to the property by adverse possession. With the exception of adverse possession, there are different things that need to be examined to reach the title.

The limitation amount for redemption of mortgage is thirty years as per Article 61(a) of the Limitation Act. Limitation against Government is thirty years. In keeping with Section ninety of the Indian proof Act, any document dead thirty years or before is likely to be valid, since it's on the far side legal claim.

Article 61(b) of the Limitation Act prescribes limitation amount of twelve years for filing suit for recovery of the possession of property WHO has noninheritable  the encumbered property from the mortgage holder, while not the information of the mortgager.The following example would clearly demonstrate things.

The limitation amount for redemption of mortgage is thirty years.  The mortgage holder transfers the encumbered property to a different person when twenty nine years while not the information of the mortgager. Later the mortgager involves grasp of this group action. He has right to file a suit for recovery of the encumbered property from the buyer and therefore the limitation amount is twelve years.The mortgager could like such suit among forty two years when the date of mortgage (30+12).

By examining the title and encumbrance certificates for thirteen years, advocates wouldn't be in position to trace the mortgage created earlier to thirteen years, or any document dead earlier, or the claim of the govt. in and of itself it'd be desirable to trace the title for a minimum amount of forty two years. this can be solely a minimum amount and relying upon specific case tracing needs to be in deep trouble a lot of amount.

Origin or initial owner

The tracing should begin with scrutiny of earliest document recorded.  If such documents isn't created available; the certified copies need to be obtained from registering authorities however mustn't be unheeded.  Earlier documents ar known as as mother or parent documents.  The partition deed, gift deed, unharness deed, settlement deed, power of lawyer aren't mother documents.

Flow of the property

Subsequently, the property usually changes hands by varied modes like sale, gift, partition, inheritance. every modification of the possession needs to be derived with the assistance of transfer document.The sequence ought to be in written record order continuous and unbroken. Any primitive needs to be fastidiously scrutinised by touching on the records at registering offices, revenue records and recitals in different documents and if attainable by ascertaining from the parties involved. Nothing ought to be likely and left to probability. The flow ought to be up to the possession of gift owner. the proper of every intermediate owner to transfer the property ought to be completely checked.

Present standing / Current owner

After examining the flow of the property, the documents of title of the current owner, through that he has noninheritable  the possession needs to be examined. This could be any supported by revenue documents like Khatha. Encumbrance certificates, tax paid receipts, Khatha extracts.

Joint family properties / Hindu undivided family

The properties of joint hindu family needs further care. Although the Kartha of the family has right to alienate such properties, it ought to he just for legal requirements of the joint family, if not any legal heir could dispute the group action.

Properties allotted/ granted by government / statutory bodies

The tracing of the title in respect of properties granted / assigned by government, statutory bodies like BDA, KHB is also done from the date of such grant/allotment.

Transactions Not Mirrored To In An Encumbrance Certificate

The following transactions associate degreed matters mentioned below won't seem in an encumbrance certificate outfitted either in type fifteen or type sixteen by the Sub-registrar elbow grease relevant jurisdiction.

1.Oral abidance.

2.proceedings in Courts (Lispendens).

3.Tax liabilities.

4.Unregistered mortgage by Deposit of title deeds.

5.previous unregistered agreements.

6.Oral partition / Family arrangement.

7.Oral gift beneath  Mohammedan Law.

8.Unregistered can.

9. Rights and Interests command through Partnership companies, Association of Persons, Societies as well as co-operative societies, corporations etc.

10.Unregistered agreements, M.O.U’s, General Power of lawyer etc.,

11.Rights of third parties in some way recorded in documents.

12.Orders, and Decrees of Courts, Statutory and Tax Authorities.

13.Rights through possession. half Performance, just Title beneath Section 53-A of the Transfer of Property Act 1882.

The Documents Listed Below Are Needed Normally For Legal Scrutiny Report

(A)     B.D.A PROPERTY:

1.amount paid receipt issued towards the payment useful of site by B.D.A. to the allottee.

2.Allotment letter

3.Lease cum sale agreement.

4.Possession certificate

5.Absolute sale deed

6.Khatha Certificate

7.Latest tax paid receipt

8.E.C. from date of allotment until date

9.Khatha extract

10.Building arrange (if any)

(B)CONVERTED LANDS:

1.Mother deed to trace the origin of property / All different relevant conveyance deeds.

2.Conversion Order

3.Zonal regulation map

4.RTC from 1967 until date

5. Relevant mutation records.

6.I.L. & R.R. records

7.zero abidance certificate

8.zero acquisition certificate from the competent authority.

9.Endorsement from Tahsildar confirming that there's no case unfinished beneath sec.79(a) and (b) of KLR Act.

10Village map/Survey map/Tipny/ Akar Bandh/Atlas

11.If the sites are fashioned, approved layout attempt to be obtained and  sketch fixing the sites on the survey map to be obtained.

12.If the born-again land falls among the scope of C.M.C. OR B.M.P., betterment charges to be paid

13.Khatha from the involved authority to be obtained.

14. Latest tax  paid receipt.

15. E.C. for the relevant amount until date.

(C)     B.M.P. LANDS:

1Mother deed to trace the origin of property / All different relevant conveyance deeds.

2.Betterment charges paid receipt (if applicable)

3. Khatha certificate

4. Khatha extract

5.Sanctioned Building arrange

6.Latest tax paid receipt.

7.E.C. for the relevant amount until date

8.If it's primarily a born-again land, the documented listed in (c) higher than ar needed.

9. town Survey records;

a. P.T. sheet

b.Field book register

c. P.R. Card

d. town survey enquiry report

Flats:

1.Mother deed to trace the origin of property / All different relevant conveyance deeds.

2.Betterment charges paid receipt (if applicable)

3. Khatha certificate

4. Khatha extract

5. Sanctioned Building arrange from competent authority.

6.latest tax paid receipt

7. E.C. for the relevant amount until date

8.If it's primarily a born-again land, the documents listed in (c) higher than ar needed.

9.just in case of high rise building, the permission to be obtained from the subsequent departments:

(a)     Airport authority of Bharat

(b)     B.W.S.S.B

(c)     B.E.S.C.O.M

(d)     Telecom

(e)     Fire Force

(f)      Pollution Board

10.     Commencement and occupancy certificates.

Other than tracing the title of the property, if the property is command by a corporation, Partnership firm or Trust, the subsequent documents ar required:

Company:

1.Memo & Articles of Association of the corporate.

2.Incorporation certificate.

3.Resolution gone the corporate available / purchase of property.

Partnership Firm

1. Partnership Deed of the firm.

2.Authorising letter among partners authorising partners available and buy of property.

3.Acknowledgement of registration of firm.

Trust

1.Regd. Trust deed

2.Resolution/Authorization letter among trustees authorising members available and buy of property.

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ALL REGARDING DIVIDING FAMILY PROPERTY

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Properties and humanbeings are indiscrete. With progress and social modification over the ages the urge to possess property, wealth has learned satanic proportions. Among the gift day world, stabile properties are the foremost valued assets one can possess. 

 

The desire to possess property reared its head among the inquisitive mind of the time period man. Thus women, children came to be his initial personal assets followed by stabile properties. Whereas attainment and social outlook have elevated the standing of ladies and children, there has been no modification well worth the name on the standing of stabile property as a result of the non-public and of the soul. Farewell as this state of affairs continues, problems with respect to property transfer will persist. From time period to cement age, it has been AN extended haul. 

What is Partition?

Partition is division of property management collectively by co-owners. Once a property is split each member becomes the sole real owner of his portion of the property. each divided property gets a fresh title and each participant offers up his or her interest among the estate in favor of other sharers. Therefore, partition is also a mix of unleash and transfer of sure rights among the estate except people who are easements in nature. 

Partition is neither a gift nor a transfer of property. It merely breaks a joint right into several rights. It’s not acquisition of property or exchange of property. It’s a combination of unleash and conveyance of the rights of the property in favor of individuals. And so it's usually affected orally. Partition is not transfer but once it assumes the form of transfer, the intention may even be to hoodwink the creditors. 

The basic character of joint Hindu family is that each member has monogenic title to the property by birth. each member has joint title to the full property that joint enjoyment of the title is converted by partition into separate title of the individual co-owner for his enjoyment. Therefore, it's presently a old indisputable fact that partition is not transfer, but transformation of joint property. 

There are some properties that cannot be divided physically. If physical division is not potential, partition can still be stricken by paying cash or various assets to a participant rather than his or her share among the property. Such state of affairs arises once the division of AN estate is taken under consideration to be dangerous and unreasonable and once such division dilutes the inherent worth of the property, or once the stabile property is just too little for division. 

The instrument of partition is also a document by that the co-owners of a property suits divide the property among themselves by oral agreement or agreement or by arbitration or through court. If a document of unleash shows that the executants are to induce cash or various assets, the document is AN instrument of partition. The premise of partition is equality. The parties shall share the property equally. If there isn't any agreement among the co-owners for friendly division of the property, the only totally different is to sell the property by mutual consent or by court decree and distribute the sale takings among the co-owners. Any of the co-owners may also enforce partition through Court. 

In a partition suit a court may need appointed partition of the property among the interest of the co-owners. but If it's found that the sale of the property and distribution of the takings to the co-owners may be a ton of useful, the court can at the request of the shareholders direct sale of the property and distribution of the takings to the co- sharers. 

There are three forms of co-owners: Joint tenants or tenants-in-common; Hindu Joint Family householders or coparceners; partners of a partnership firm.

Under the Hindu Law usually everyone being a co-owner during a} very joint possession includes a right to say his share and such right cannot be denied to him if the property is management as joint tenants. Since joint residence is unknown to Indian law, there is not plenty of distinction between joint abidance householders and tenants-in-common. 

Christians and Muslims hold properties as tenants- in-common or as joint tenants and partition of such stabile property can happen by mutual consent or by partition deed or by court decree or arbitration.

Partition in Hindu law covers a pair of aspects. One is that the division of the standing of the members and additionally the choice is that the division of the joint family property. Among the previous ca e, the members are divided keep with their standing among the joint family and among the latter case division of joint family property into separate shares. Share of a member depends on the standing he enjoys among the family. This is often unit interlinked

Partition ought to be keep with law. If a minor gets fewer shares than he is entitled to in law, the partition is flawed and he can re-open an identical once he attains majority. If a member gets over his share during a very property, the excess received square measure planning to be treated as a gift. 

It is not necessary that each one co-owner suits partition. Once a member wants partition, the property is split into a pair of elements one for the separating keep together with his standing and share and additionally the remainder collectively management by others. though' oral partition is allowed below Hindu Law, it is not most well-liked as a result of it would manufacture to disputes notably with connectedness stabile properties. It’s wise that oral partition got to be reduced into writing (palu patti). Also, the tax Act does not acknowledge oral partition of a Hindu Family property unless the tax Officer is glad with the facts and this is often potential provided that it's recorded in partition deed. 

Effects of Partition

When a property is split into over a pair of components, the co-owners of the varied elements shall suits hold their elements on a personal basis as absolute householders and each of them shall build a grant to unleash his share from elements given to others. 

Partition of joint property is not an exchange. If it's reduced into writing, it ought to be registered among the case of stabile properties. Deed of partition wants registration. Mere writing of previous partition does not would like registration. Mere list of properties appointed to whole totally different co-owners does not would like registration. Partition implies that collapse of joint possession. It destroys the harmony of joint possession and of possession. AN oversize property falls into things over a generation or a pair of. The land is extraordinarily plenty of there in bits and things among the name of assorted householders. 

Stamp duty

The tax due on partition varies from State to State. In province, it depends on nature of property. Simply just in case of partition of movable property, it's Rupees two hundred and Fifty for each share. If the property is converted for non-agricultural purpose or meant for non-agricultural use, it's Rupees One Thousand for each share within jurisdiction of Municipal Corporation, Urban Development Authority, Municipal Councils or town Panchayats and Rupees five Hundred per share in various areas. 

The partition of agricultural land attracts tax of Rs.250 for each share. simply just in case AN agreement of partition is dead and additionally the partition follows in pursuance of such agreement, the tax due on partition deed is reduced to the extent of duty paid on agreement; but shall not be however Rupees Fifty. The partition should not be mistaken with partnership. Partnership is returning on of persons, whereas partition is parting of persons.

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HELPING HAND IN PURCHASE OF PROPERTY

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Every emptor of immovable correctly should exercise proper care and diligence to substantiate that the property to be purchased by him/her is free from encumbrance, charge. Any failure on the a district of purchaser to know whether or not or not the property is involved or free from encumbrance would land him in draw back inasmuch as he would not be able to possess and luxuriate within the property purchased by him. Section fifty five of Transfer of Property Act, 1882 makes it necessary that the seller is bound to disclose all material defects inside the property or in his title to it, that the seller is tuned in to and thus the purchaser is unaware. The seller is tributary to disclose all such data that the client cannot discover with charge and prudence. Therefore, the purchaser of property got to verify, search and utilize all the avenues on the market to determine whether or not the property speculated to be purchased is free from encumbrance. 

 

Deemed Notice

The Transfer of property Act puts some load on purchaser and in certain cases, the purchaser is deemed to possess notice of some encumbrance. Section 3 of Transfer of Property Act defines the notice. "A person is claimed to note of a reality, once he extremely is conscious of the particular reality, but to boot once he got to have noted the particular reality by diligence search, enquiries whereas not gross negligence". This tends concerning  registration of a document relating to any dealing of an immovable property is important and consequently once a document has been registered, anyone deed such property or any half therefrom or any share or interest inside identical property shall be deemed to possess data of the registered document. The Section additional states that if anyone is in possession of the property in agreement to be purchased, the purchaser is deemed to possess notice of encumbrance. even though the agent of the purchaser performing on behalf of purchaser has the knowledge of any encumbrance on the property, the purchaser is deemed to possess such notice.

Types of notices: There are three kinds of notices:

1.Actual notice once a personal has the acknowledge shelf of actual reality.

2.Constructive notice where the info is getable on correct enquiry and search.

3.Notice to the agent of the purchaser, where the info is given or received by the agent inside the course of his normal duties, whether or not or not he communicates it to his principal or not. Notice to active partner of firm has the results of notice to the firm. 

Purchaser's Obligation:

Most of the encumbrance is additionally known upon verification of records at territorial Sub- registrar's geographical point and from such different relevant property documents. It’s obligatory on the a district of all purchaser to verify the title as recorded in registers of territorial Sub-registrar's geographical point and any omission to exercise this may amount to negligence. Merely looking forward to encumbrance certificate issued by the registering authority is not enough. Registration of a document operates as a notice. 

Actual possession of property by a personal other than the seller to boot operates as notice of title. that the purchaser got to invariably visit the property site to determine whether or not or not it's in possession of the seller or whether or not or not the same is underneath occupation of the person other than the vendor and whether or not or not such an indweller will vacate the property before registration. The seller has every right to urge the property vacated from this occupants before registration of property in favor of the purchaser or his campaigner. 

There unit of measurement varied instances whereby the properties are employed out, but the lease deeds are not registered. Section nineteen of the precise Relief Act 1963, acknowledges 'possession' as a notice. It’s the duty of the purchaser to determine whether or not or not the property into consideration includes a transparent marketable title. The advocate of the purchaser ought to confirm from varied sources whether or not or not the property into consideration includes a wise marketable title and whether or not or not it's free from continuing. Correct enquires got to even be created on the claims of dependants beneath Hindu Adoption and Maintenance Act 1956. 

Public Notice:

After exhausting all the means spoken on prime of, the purchasers got to boot provides a public notice of his intention to induce the property and want any objections from persons having claim over the property. There’s additionally subsisting encumbrance, that are not registered which cannot be discovered like previous agreement . Therefore, issue of public notice would facilitate the purchaser to a definite extent to know the existence of previous encumbrance, if any. The purchaser would possibly publish the notice generally once sale agreement is dead. The notice ought to be written in two dailies one in English and another inside the vernacular language, that have wide circulation inside the house where the property is placed. 

A notice is associate degree announcement or data and generally acts as a caution. The notices prescribed beneath varied Acts have a precise language and format whereas in certain different cases there is no prescribed format.

The requirements of a notice are:

1. It ought to ensure and clear with definite data to bind the party who problems notices and to switch the other to figure it.

2. The notice got to contain the intention of the purchaser to induce the property; existence of the sale agreement and to boot the define and elaborated schedule of the planned property.

3. The notice got to invite individuals having interest inside the property to file objections, if any, with documentary proof with the purchaser or his advocate within a stipulated time.

4. The notice got to boot state that simply just in case no objections unit of measurement received within the stipulated time, the sale methodology will continue treating the property as unencumbered and no objections are reaching to be diverted thenceforth. 

Notice to the overall public is simply a preventive live and it is not binding on anyone having interest inside the property. they'll ignore the notice and many of might not see the notice in the least. the overall public notice may be a notice to the ultimate public that 'the purchaser is also a genuine purchaserof the property. Interested parties would possibly prefer to lodge objections within the stipulated time. Objections received also are verified together with the document in possession of such people claiming interest to determine their genuineness. 

Advocates though well intimate in tracing the title cannot decipher existence of previous agreements, any mortgage by methodology of deposit of title deeds and unfinished complaints, if any. Public notice would possibly facilitate the purchaser to know whether or not or not there is any applier for the property into consideration. If any applier files objections the purchaser would possibly request the seller to rearrange the dispute before completion of the sale methodology or would possibly cancel the deal. Thus, issue of public notice would not exclusively facilitate the attainable purchaser in ascertaining clear and marketable title of the property but to boot facilitate the interested parties to possess notice of the supposed sale dealing and to position forth their claims over the property well before hand and to avoid post-sale litigations.

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