Indian Registration Act 1908 has
mandated that who should present the document for registration personally.The executants
of a document or any person claiming under such document or representative or
assignee of such executants or duly authorised power of attorney holder has to
present the document for registration.These are detailed in sections 32 and 33of the Act. Karnataka Registration Rules stipulates the document shall be
presented for registration to the registering officer and not to a clerk or
peon. In ordinary course, the registration or deposit of documents has to be
made only at the designated office.The Act also
provides for exemption of certain people from personal appearance and presents
the document for registration.
Section
31 of the Act gives power to the registering officer under special cases to
attend the residence of any person desiring to present a document for
registration or to deposit a will and accept for registration of such document
or deposit of will.
Section 38 of the Act lists the
category of persons who are exempted from appearance at registration office to
present the document for registration.
1) Any person who is bodily infirm
because of illness or age and cannot attend the office without risk or is
inconvenience.
2) Any person in jail under civil or
criminal process or
3) Persons who are exempt by law from personal appearance in court are exempted from personal appearance or through
their agents.
Persons who are exempted from personal
appearance in court as per Civil Procedure Code are
(1) Women who according to the customs
and manners of the country ought not to be compelled to appear in public,
persons of rank especially exempted by the government. In such cases the
registering officer shall personally go the house of such person or the jail
where the person is confined and examine him or may appoint a person or visit
and examine such person.
Karnataka
Registration Rules 1965 has formulated procedure for attendance if the
registering officer at Private residence.The relevant rules is 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.
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 is official Gazette of the state
government are exampled 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 favour 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 executant.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 enquiry.The fact of
exemption from personal appearance and presentation of the document by covering
letter will be endorsed.
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.State government has
made rules as to the mode of making copies and manner of filing copies.
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