Friday 19 September 2014

REGISTRATION PROCEDURE FOR ATTENDING AT PRIVATE RESIDENCE

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore


Karnataka registration rules 1965 has developed procedure for group action of the registering officer at personal residence. The relevant rules are elaborated in chapter ten and below rule nos. 56 to 32.Any application for attendance at personal residence shall be in writing and need to be signed by the one that requests the attendance at his residence shall be in writing and must be signed by the one that requests the attendance at his residence.

Such letter could also be bestowed by somebody to the registering officer. The request must be complied with as early as potential. If such attendance at personal residence disturbs the regular routine of the workplace or needs closure of workplace and if the case doesn't be section31 of the Indian Registration Act, a commission could also be issued, which suggests another person apart from the registering officer could also be requested to attend the personal residence and complete the registration formalities.

The group action of sub-registrar at personal residence or provision commission must be according to the registrar inside twenty four hours. The Sub-registrar shall not proceed out of his sub district for this purpose; however registrar could attend the personal residence located in his district though' it should not be located inside the sub district below his immediate charge.

The commissioner appointed to attend the personal residence can provide proof and therefore the registering workplacer can examine the commissioner in person in his office connected with discharge of his commission and voluntary nature of admission of execution.

During the course of group action if the registering authority must record the admission or execution of persons not exempted from personal look in respect of an equivalent document dead by someone exempted from personal look, the registering authority could suits the request provided group action fee is levied.

Section88 of the Act refers to documents, that are executed by Government officers or bound public functionaries who square measure exempted from personal look. Any officer of the govt., any administrator general, official trustee or official party, the law officer, receiver or registrar of court, any holder of such alternative Court, any holder of such alternative office as is notified within the official Gazette of the regime square measure exempt from personal look or through their agents in reference to registration of any instrument dead by them or any document dead in their favor in their official capability. They’re additionally exempted from language the document for admitting the execution as needed below section58 of the Act.

When documents square measure forwarded by government officer with a cover letter stating that documents dead by him be registered, the cover letter are ample to satisfy the genuineness of the signature of the executants. If such document is bestowed by a non-public party, who is additionally a celebration to the document, the registering authority can satisfy on the genuineness of the signature by a short enquiry. the actual fact of exemption from personal look and presentation of the document by cover letter are supported.

Certain class of documents like copies or orders, certificates and instruments needn't be bestowed for registration however could also be sent to the registering workplace for filing as per section89 of the Act. Within the following cases, copies need to be forwarded to the territorial registering officer below whose jurisdiction the immovable property in question is situated:

a)Every officer granting a loan below Land Improvement Loans Act 1883. Each court granting a certificate of sale of immovable property below Civil Procedure Code, 1908.
b) Just in case of loans below Land Improvement Loans Act 1883, details of the land to be granted as collateral security.
c) Each officer granting loan below Agriculturists Loan Act 1884 must forward, a duplicate of the document whereby the immovable property is encumbered to secure compensation of the loan and a duplicate of such order.
d) Each Revenue officer, who grants a certificate of sale to the acquisition of immovable property oversubscribed publically auction.

The registering officer can file the copies of such orders, certificates, and instruments in book No.1. The involved workplaces needn't seem face to face at registration office.
State Government has created rules on the mode of constructing copies and manner of filing copies.


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