(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)
The Indian Registration Act,The
Registration Act 1975,The Karnataka Registration Rules
1965, govern the registration of documents. Every person may have to visit the office of registration for
registering documents at least once in his lifetime,but provisions of
Registration Act remain unknown to common public. This article discusses
certain provisions, rules of registration.
Language of the document
Our country is a land of many languages
and there is no restriction as to which language should be used in writing the
documents. But it is also not possible
for the registering officer to know all languages.Section 19 of Indian Registration Act states
that if any document in a language which is not understood by the registering
officer and is a language not commonly used in the registering district, the
registration may be refused, unless such document is accompanied by a true translation into a language commonly used in district and also a true copy.
Karnataka Registration Rule No.11 has
recognised following languages in districts and sub districts;
Kannada and English -All districts and sub districts in the State.
Telugu -Bellary
district
Marath -District of Belgaum,Dharawad,Karnataka
and sub-districts of Alland, Bidar, Gulbarga.
Urdu -Districts of Bidar, Gulbarga, Raichur
Time for
presenting the documents
The Act provides as to by which time,
the documents should be presented for registration.Every document has to be presented for registration within four months from the date of execution as per section
23. The only exception is Will.
But if the document has to be executed
by several persons and each person executes at different times, such document
has to be presented for registration and re-registration within four month from
the date of each execution.
However,the registration of documents presented after the expiry of four months is allowed on payment of fine as
follows as per Section 5 of Indian Registration Act and Rule No.52 of Karnataka
Registration Rules.
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a) Where the delay does not exceed one week
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Fine equal to registration fee
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b) Where delay exceeds one week but does not exceed one calendar month
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Fine equal to twice the registration
fee
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c) Where the delay exceeds one month but not two months
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Fine equal to five times of
registration fee.
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d) Where the delay exceeds two months but does not exceed
four months
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Fine equal to ten times of
registration fee.
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Where delay exceeds four months from
the date of execution registration is not allowed. The fine is payable is in
addition to regular registration fee.
Place for
registering the documents
The documents which affect immovable
property have to be presented for registration at the office of the sub
registrar of the district in whose jurisdiction whole or a portion of such
property falls as per section 28 and other documents not affecting the immovable property or copy of decree or order may be presented in any office of
sub registrar in whose sub district the document was executed or in the office
of any other sub-registrar under the State Government at which all persons
executing and claiming under the document prefer. The decree or order may also be presented for
registration in the office of the sub-registrar in whose sub-district the
original decree or order was made (Sec.28, 29).
Time from which
registered document operates
A document which is registered shall be
operative from the date of execution or from the date from which it was to
operate as disclosed in the document and not from the date of registration (Sec
47).
All registered documents other than
Will relating to movable and immovable property shall have priority over oral
agreements or declaration in connection with such property.But if such oral agreement or declaration is
coupled by delivery of possession of the property and such possession
constitutes a valid transfer under any law for the time being in force, such
oral agreement or declaration has priority over registered documents.
A Will made subsequent to earlier
registered Will have priority over earlier made and registered Will.A mortgage
by deposit of title deeds shall have priority over any mortgage deed
subsequently executed and registered, when both relate to the same property
(Sec.48).
Duties of
Registering Officer
The Registering officer has to end or sethe time, hour and place of registration and also the signature of the person
presenting the document for registration on every document so presented and
shall also be receipted.
Every person who executes any document
has to admit such execution at the registering office either personally or
through his duly appointed agent and shall endorse such admission of
execution. The endorsement shall contain
the particulars such as signature and addition of the person admitting the
execution, the signature and addition of any agent admitting the execution, the
signature and addition of every person examined in reference to such document
under any provisions of the Registration Act, payments and delivery of any
goods made in the presence of the registering officer connected to the document
presented for registration, admission of receipt of consideration in full or in
part made in the presence or registering officer.
If any person admits the execution but
refuses to endorse, the registering office shall register the document, but
shall endorse the fact of refusal.
The provisions of admitting the execution and endorsement does not apply to copy of decree or order and
documents sent to registering officer under special provisions provided in Sec.
89 of the Act (Sec.58).
All such endorsements shall be signed
and dated by the registering officer.After completion of process of registration the registering officer shall endorse a certificate on the document with the
word “Registered” together with number and details of storage of the
document. The certificate of
registration has to be signed, dated and sealed by the registering officer
(Sec. 60).
For more details,
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