FAQ Appeared in Real Estate Reporter – April 2007 – Registration

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April 2007 – Registration

1. What is the time limit for presenting a copy of the decree for registration?

The copy of the decree or order may be presented for registration within four months from the date on which the decree order was made.  If the decree is appealable, it may be presented for registration within four months from the day on which it becomes final.

2. Is there any rule, that the documents should be written in particular language for registration?  Can document written in …….be presented for registration at Bangalore?

Section 19 of Indian Registration Act refers to the documents in languages not understood by the registering officer.  If any document …..Is in language not understood/ the registering officer and which the commonly used in the district, e-registering officer may insist that documents presented for registration would be accompanied by a true translated copy into the language only used in the district.  Such translation has to be done by approved /recognized translators of the Government Rule No. 11 of Karnataka Registration rules 1955 recognizers the following languages as commonly used in districts and sub-districts.

  1. Kannada and English – All district and sub-Districts of the State.
  2. Telugu – Bellary District
  3. Marathi – Districts of Belgaum, Bijapur, Dharwar, North Kanara Sub-Districts Aland, Bidar, Gulbarga.
  4. Urdu – Districts of Bidar, Gulbarga, Raichur

3. Is there any time limit of presenting will for registration?

There is no time limit for presenting the Will for registration.  All other non-testamentary documents have to be presented within four months from the date of execution and thereafter within another four months on payment of fine.  As per Section 27 of Indian Registration Act 1908, the Will may be presented for registration or for deposit at any time without any time stipulation.

4. Whether the registering office accepts documents, which contain interlineations, blanks, erasures or alternations?

Interlineations’ means inserting words between the lines/words of a document Section 20 of the Indian Registration Act makes it mandatory that such interlineations, blanks, erasures or alterations should be attested by signature or initials of the persons executing the document.  Insisting on alterations by full signature is preferred.

Rule 42 of Karnataka Registration Rules 1965 prescribes that each important interlineations, erasure and alterations occurring in document should be noted at the foot of the document of each page and shall be signed by the executants before accepting for registration.

5. What is the procedure to be adopted when a plan mp is with the document?

When a document is accompanied with a map [or plan, each copy of such map or plan should be certified as true copy duly attested by a person executing the document or his duly authorized agent.

6. Who are the persons who are exempted from appearance of Registration office?

Section 38 of Indian Registration Act specifies the persons, who are exempted from appearance at Registration office.  They are:

  1. A person who by reason of bodily infirmity is unable to appear without risk or serious inconvenience.
  2. A person in Jail under Civil or Criminal process.
  3. Persons exempted by law  from appearance in court and who would but for provisions in the Registration Act be required to appear in person  at the registration office.

       

       

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