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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).
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.
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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