(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)
In case of loans under Land Improvement Loans Act 1883, the details of any land to be granted as collateral security. Every officer granting a loan under Agriculturists Loan Act 1884, a copy of the document whereby the immovable property is mortgaged to secure the repayment of the loan or if such property is mortgaged for the same purpose in order granting the loan, a copy of such order. Every Revenue officer, who grants a certificate of sale to the purchase of immovable property sold in public auction.The registering officer will file the copies of such orders, certificates, and instruments in book No.1. The concerned officers need not appear in person at registration office.
Karnataka
Registration Rules 1965 has formulated procedure for attendance if the
registering officer at Private residence.The relevant rules are detailed in
chapter 10 and under Rule Nos. 56 to 32. Any application for attendance at
private residence shall be in writing and has to be signed by the person who
requests the attendance at his residence.Such letter may be presented by any
person to the registering officer. The request has to be complied with as early
as possible. If such attendance at private residence disturbs the regular
routine of the office or requires closure of office and if the case does not
fall under section 31 of the Indian Registration Act, a commission may be
issued, which means another person other than the registering officer may be requested
to attend the private residence and complete the registration formalities.The
attendance of sub-registrar at private residence or issuing commission has to
be reported to the registrar within 24 hours.The Sub-registrar shall not
proceed out of his sub district for this purpose, but registrar may attend the
private residence situated in his district though it may not be situated within
the sub district under his immediate charge.
The
commissioner appointed to attend the private residence will examine the witness
and persons to give evidence and the registering officer will examine the
commissioner personally in his office connected with discharge of his
commission and voluntary nature of admission of execution.
During the
course of attendance if the registering authority has to record the admission
or execution of persons not exempted from personal appearance in the respect of
the same document executed by a person exempted from personal appearance, the
registering authority may comply with the request provided attendance fee is
levied.
Government Officers
Section 88
of the Act refers to documents, which are executed by government officers or
certain public functionaries who are exempted from personal appearance.
Any officer of the government, any administrator general, official trustee or official assignee, the sheriff, receiver or registrar of High Court, any holder of such other public office as notified in the official Gazette of the state government are exempted from personal appearance or through their agents at registration office in connection with registration of any instrument executed by them or any document executed in their favor in their official capacity. They are also exempted from signing the document for admitting the execution as required under section 58 of the Act.
Any officer of the government, any administrator general, official trustee or official assignee, the sheriff, receiver or registrar of High Court, any holder of such other public office as notified in the official Gazette of the state government are exempted from personal appearance or through their agents at registration office in connection with registration of any instrument executed by them or any document executed in their favor in their official capacity. They are also exempted from signing the document for admitting the execution as required under section 58 of the Act.
When
documents are forwarded by government officer with a covering letter stating that documents executed by him and be registered, the covering letter will be
sufficient to satisfy the genuineness of the signature of the expectant. If
such document is presented by a private party, who is also a party to the
document, the registering authority will satisfy as to the genuineness of the
signature by a brief inquiry.The fact of exemption from personal appearance
and presentation of the document by covering letter will be endorsed.
Only Copies to be sent
Certain
category of documents like copies of orders, certificates and instruments need
not be presented for registration but may be sent to the registering office for
filing as per section 89 of the Act. In following cases, the copies have to be
forwarded to the Jurisdictional registering officer under whose jurisdiction the immovable property in question is situated.Every
officer granting a loan under Land Improvement Loans Act 1883. Every court
granting a certificate of sale of immovable property under Civil Procedure
Code, 1908.
In case of loans under Land Improvement Loans Act 1883, the details of any land to be granted as collateral security. Every officer granting a loan under Agriculturists Loan Act 1884, a copy of the document whereby the immovable property is mortgaged to secure the repayment of the loan or if such property is mortgaged for the same purpose in order granting the loan, a copy of such order. Every Revenue officer, who grants a certificate of sale to the purchase of immovable property sold in public auction.The registering officer will file the copies of such orders, certificates, and instruments in book No.1. The concerned officers need not appear in person at registration office.
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