Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
Registration of documents of immovable properties is obligatory in line with Section17 of
the Indian Registration Act, 1908 and Section fifty four of the Transfer of
Property Act, 1882.However, there are bound circumstances underneath that the
registering authority will refuse registration of documents.Each the Indian
Registration Act,1908 and also the state Registration Rules, 1965,offer for
refusal to register the documents underneath bound circumstances.The refusal
can be on the bottom of jurisdiction of the sub-registrar or for non-compliance
of rules and procedure. A number of the grounds on that there can be a refusal
by the sub-registrar to register a document are listed below:
1.The
document is in a very language not understood by the registering officer, or a
language not ordinarily utilized in the district: and translated version of
constant isn't made together with the document.
2.The
document has corrections, alterations, erasures, interlineations blanks, that
aren't genuine by the executants.
3.The description of the property is depleted to spot and also the document isn't accompanied by
a duplicate of the map, arrange as needed by the relevant provisions.
4.The
document is conferred when prescribed point in time.
5.The
document is conferred by an individual who has no right to gift it.
6.The
executants or their licensed representative, assigns, agents didn't attend to registration inside the prescribed time.
7.The
sub-registrar isn't glad on the identity of the person showing before him as
executants or he's not known to the satisfaction of the sub-registrar.
8.The date
of execution isn't mentioned within the document or correct date isn't
attainable to be observed or the date of execution is altered creating it not
possible to determine.
9.The Sub-registrar
isn't glad on the proper of person showing as agent or representative or
recipient.
10.The
execution isn't admitted by person aforementioned to possess executed or his
agent.
11.The
person presupposed to have dead the document may be a minor, idiot, lunatic,
not competent to contract.
12.In case
wherever the executants is executed and also the execution by such deceased is
denied by his representative or recipient.
13.In case
of over one representative of the deceased and once a number of them admit the
execution or deny the execution, it'll be treated as refusal and
registration could also be refused.
14.The death
of the one that is meant to possess executed isn't once and for all tried once
the document is conferred by his representatives or assignees.
15.The
sub-registrar isn't glad on the actual fact of execution of can conferred when
the death of the somebody or donor.
16.The
prescribed fee, penalty underneath the other law operative for present has not
been paid.
If the
refusal is on grounds apart from denial of execution, the Sub-registrar is
needed to endorse the document “Registration refused” and additionally record
his reasons in prescribed books. The person corporal punishment the document or
any individual claiming underneath such document could request the
sub-registrar to produce him a duplicate of the explanations for refusal, that
shall be fitted out while not inessential delay and no fee shall be charged. During
this connection, Section 71(1) of the Indian Registration Act has relevancy and
is reproduced below:
71 (1). each
Sub-registrar refusing to register a document, except on the bottom that the
property to that it relates isn't located inside his sub district, shall create
associate order of refusal and record his reasons for such order in his book
No.2 and endorse the words Registration refused on the document and on
application created by any individual corporal punishment or claiming
underneath the document shall while not payment and inessential delay offer him
a duplicate of the explanations therefore recorded. Once a document is refused
to be registered and supported consequently, the recourse hospitable the
aggrieved person is to file attractiveness to higher authorities and orders on
that obtained.
Appeal to the Registrar [Sec.72]:
When the
registration of a document is refused on grounds apart from need of
jurisdiction or on denial of execution, the aggrieved party could
attractiveness in writing to Registrar of the District or Officer guilty,
District Registrars workplace, together with a duplicate of refusal order and
also the document. The attractiveness
could also be conferred by the appellant himself or agent or through his
advocate. The attractiveness shall be most popular inside thirty days from the
date of refusal order. If the document is in possession of another person,
apart from appellant and needs time to gift such documents the registrar can
grant time.
Further, in
cases wherever the sub-registrar is glad that the executants is deliberately
keeping away to avoid registration or has gone to a foreign place and not going
to come inside prescribed time to admit registration, the sub-registrar could
refuse to register the document treating the absence of the executants as denial of
execution the persons claiming underneath such document or their agents
could attractiveness in writing to the registrar inside thirty days of the
order of refusal supported by a duplicate of the explanations for refusal and
also the document together with verification of the statements created within
the attractiveness. As is completed within the case of plaints. Within the case
of denial of execution, solely the applicant underneath such document or his agents
shall attractiveness and also the application shall be punctually verified. In
different cases the attractiveness could also be filed by the executants or
applicant or his agent. Within the case of refusal to register the desire when
the death of the somebody by the sub-registrar, the attractiveness are often
filed by the fiduciary of the desire before the Registrar.
Enquiry of
the Registrar:
The
Registrar can cause enquiry on the execution of the document, compliance of the necessity under the varied laws, payment of acceptable stamp tax etc. The
Registrar could waive the necessity of envelopment a duplicate of the
explanations for refusal to register a document by sub-registrar together with
the attractiveness or application and choose the matter on deserves either
considering the choice of the Sub-registrar or by reversing the choice of the
sub-registrar. However, in respect of appeals filed on the grounds of depleted
details to spot the property, Registrar has no authority to demand more description
of the property.
On being
ordered by the Registrar for registration of the document in reversal of the
order of the sub registrar, such document is needed to be conferred for
registration inside thirty days of such order. Upon such presentation of document
for registration, the involved sub registrar shall proceed to register such
document. The registration of such document shall be operative from the date on
that it had been initial conferred for registration and refused and not from
the date of actual registration.
Appeal against the order of the
Registrar:
The
Registrar shall record his reasons for refusal and furnish a duplicate of such
reasons to the appellant. There lies associate attractiveness against the
choice of the Registrar to the Civil Court inside whose limits the Registering
Authority's workplace is found. Such attractiveness is to be filed inside
thirty days of the Order of refusal by the Registrar.
Opposed to
public policy:
In addition
to the on top of, registration of a document can be refused on the bottom of
opposition the general public policy. the govt. of state Act No.55 of 1976 has
inserted section 22-A within the Registration Act, 1908 wherever underneath the
regime could, by notification within the Official Gazette, declare that the
registration of any document or category of documents is opposition public policy that is effective from twenty
three.10.1976. Similarly, the govt. of state has publicized state Ordinance No.3 of 2006 that has get
force w.e.f. eleventh Dec, 2006, imposing a ban on the transfer of agricultural
lands for non-agricultural functions while not obtaining such lands regenerate
or while not getting previous approval of the competent authority.
The
ordinance notifies eight styles of offences and also the penalization on that
during this regard. In line with the ordinance, any sale group action in
dispute of the ordinance would attract imprisonment for 3 years and fine of
Rs.10, 000/- upon such contravener. Similar penalization would attract the
general public servant entrusted with the responsibility of maintenance of
records on his failure to report back to the competent authority or to initiate
action against unlawful conversion of revenue land for non-agricultural
purpose. because the ordinance isn't express on several counts, there's lots of
confusion within the minds of the general public further because the Sub
Registrars notably with relevance the identification of a pretend land conversion
order from the first, getting land conversion certificates in respect of
property of many decades recent however situate inside the jurisdiction of BMO
and CMC., etc. This has given leverage for the sub-registrars to more harass
the already gullible public.
It is time
that the govt. clarifies its ordinance No.3 of 2006 thread-bear with
illustrations where necessary therefore on place the system purposeful in an
orderly means and additionally save the general public from the inessential
harassment.
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