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Thursday 30 October 2014

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).


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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