FAQ Appeared in Real Estate Reporter – June 2005 – Registration

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June 2005 – Registration

1. I there any rate that the documents should be written in particular language for registration.  Can document written in Marathi be presented for registration at Bangalore?

India is a country of various languages and it would be impossible for any registering officer to know all the languages used in the country.

      Section 19 of Indian Registration Act refers to the documents in languages not understood by the registering officer.  If any document which is in language not understood by the registering officer and which is not commonly used in the district the registering officer may insist that documents presented for registration should be accompanied by a true translated copy into the language commonly used in district. Such translation has to be done by approved/recognized translators of the government.  Rule no. 11 of Karnataka Registration Rules 1965 recognizes   the following languages as commonly used in districts and sub-districts.

  1. Kannada and English              : All districts and Sub-Districts of the state
  2. Telugu                                     : Bellary District
  3. Marathi                                    : Districts of Belgaum , Bijapur, Dharwar, North Kanara Sub-

                                                   Districts of Aland, Bidar, Gulbarga.

  • Urdu                                        : District of Bidar, Gulbarga, Raichur

2. Whether the registering office accepts documents, which contain interlineations, blanks, erasures or alterations  

If the documents presented for registration contains interlineations, blanks, erasures, alternations, the registering officer my refuse to accept such document for registration.  Interlineations mean inserting words between the lines/words between the lines/words in a document.  Section 20 of the Indian Registration Act makes it mandatory that such interlineations, blanks, erasures or alterations should be attested with signature or initial of persons executing the document.  Insisting on attestation by full signature is preferable. Rule 42 of Karnataka Registration Rules 1965 prescribes that each important interlineations; erasure alternation occurring in document should be noted at the foot of the document of each page and shall be signed by the executants before submitting for registration.

3. Is there any time limit for presenting a Will for registration?

There is no time limit for presenting the Will for registration. All non testamentary documents have to be presented for registration 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 o or for deposit at any time without my time stipulation.

4. What is the procedure to be adopted, when a plan, map is part of the document?

When the 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.

5. Who are the persons who are exempted from appearance at 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 provision in the Registration Act be required to appear in person at registration office.

6. What is the time limit for presenting a copy of the degree 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. 

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