The Indian Registration Act,The Registration (Karnataka Amendment) 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 recognized following languages in districts and sub districts;
Kannada and English - All
districts and sub districts in the State.
Telugu - Bellary district
Marathi - District of Belgaum, Bijapur, Dharwad and North 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.
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.
a) Where the delay does not
exceed one week Fine equal to registration fee b) Where delay exceeds one week
but does not exceed one calendar month Fine equal to twice the registration fee
c) Where the delay exceeds one month but not two months Fine equal to five
times of registration fee. d) Where the delay exceeds two months but does not
exceed four months Fine equal to ten times of registration fee. 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 endorse the 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 or 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).
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