REGISTRATION OF DOCUMENTS OPPOSED BY PUBLIC POLICY

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Can a registration of a document be claimed as a matter of right? Indian Registration Act, 1908, has below section17 prescribed bound documents that are obligatorily registered able and below section 18, the documents, the registration of that is optional. in and of itself will anybody claim as a matter of right, registration of a document that is obligatory below section17 of Indian Registration Act 1908.Vareious States have amended the most Registration Act and have framed rules there below.

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Karnataka Government has inserted a brand new section 22-A, with result from 23.10.1976 that empowers the government to ban the registration of bound documents as against public policy, by notifying in official gazette, and therefore the registering officers shall refuse to register any such document. 

Government of state through Revenue Secretariat Notification No. RD/141

MUNOMV/2005, date.23/04/2005, has in exercise of powers given below section 22-A of Registration Act as amended by Karnataka Act 55 of 1976 has declared registration of following documents as against the general public policy. This can be effective from 06/05/2005. 

1. Site with or without building in agricultural land that isn't converted for non-agricultural purpose below section ninety five of state Land Revenue Act 1964.

2. Site described as Gramathana site (form no. 9, 10) or alternative website declared below type no.19 below rules framed below state Municipality Act 1964, however not really regenerate as site.

3.site on a revenue land described as Gramathana website or alternative site or a site with a building on that no layout set up is approved and a release certificate is issued from native coming up with authority like BDA, BMRDA, BIAAPA, BMIC.

4. site on a revenue land represented as Gramathana site or alternative site, fiats, industrial website, industrial site, while not requisite permission below section 79A and 7B scan with section 109 of state Land Reforms Act. 

Thus the transfer of only the following properties is allowable.

a)Properties falling below Bruhat Bangalore Mahanagara Palike.

b) Properties assigned by BDA

c) Properties in BDA approved layouts

d) Properties in layouts approved by alternative native coming up with authorities like BMRDA, BlAAPA, BMIC etc. 

In the preamble the notification, it's explicit that a lot of properties are registered supported bogus and fabricated documents that don't depart this world legally perfect title to the buyer. In several cases, the agricultural land is transferred by registration as non-agricultural land while not really changing it to a non-agricultural purpose in accordance with Section ninety five of state Land Revenue Act 1964 and state land grant Rules 1989. This has led to haphazard growth of city and alternative cities.

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