Monday 8 September 2014

REFUSAL TO REGISTER THE DOCUMENTS

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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